Posts Tagged ‘sick’
What can you prove? What can I say? I worry…
Ah yes, the legalities of our lawyerly society…one of the truly frustrating experiences is watching a case built on common sense disintegrate into the bullshit of corporate attorneys…or, in other words:
You can find an expert to give expert testimony on anything.
Take for example, global warming…despite common sense dictating something is seriously going wrong on our planet, despite the near unanimous consensus that we are in big, freaking trouble unless we do something fast and even then, it might not be enough…well, our corporate brethren and their Republicans (primarily) can still trot out an expert or two…versus thousands, to say that what we all bear witness to is merely a fluctuation in normal temperature and it surely isn’t man-made.
Well, in the Gulf…a big game of what can you prove is beginning, all centered around the short and long term health effects resulting from all that toxic crude and corexit dispersant dumped into the waters.
British Petroleum and Nalco, you can be sure, will have attorneys all over this…trying to demonstrate that in fact, there are no health effects, everything is fine…it’s all just a case of some wicked flu going down in these four states, or once its acknowledged by the government that something’s going wrong (if ever), well then these two companies will hire their own experts to say that yes, people are getting sick, yes, it would appear we got us a four state cancer cluster, yes, it is odd, perhaps even an alarming statistical anomaly, but it is impossible to clearly demonstrate or prove the oil spill caused this…
The stories of sickness in the Gulf continue to come:
A Cry for Help – American Zombie
BP hit by health claims over Gulf of Mexico clean-up – Richard Blackden
Gulf Oil Spill Workers Report Health Problems – Amanda Gardner
Gulf spill sickness wrecking lives – Dahr Jamil
As an example of the attitudes to be expected out of any upcoming court fights, I give you Ken Feinberg, BP paid administrator of the BP claims fund, from an article by Mac McClelland:
“Feinberg, interrupting a person complaining about not being compensated for paralyzing headaches: “You gotta demonstrate that the physical injury is due to the spill. We are paying physical injury claims.”
Yep, just try proving your headache came from exposure to oil and dispersants, despite the fact you never had headaches of any frequency or strength before the spill, try to prove it came as a result…especially when BP will have ten expert witnesses for their defense being questioned by ten well paid attorneys to prove otherwise.
If/when this happens, you may be able to call it law, but you sure won’t call it justice…
So yeah, this is why I worry…
Have a nice day.
EPA and NOAA Ignoring Gulf Coast Questions
In a disappointing but effective article by Aljazeera, Gulf Coast residents and scientists discuss their trials with the EPA and the NOAA in which they continually try to get the attention of the two agencies to address their ongoing health questions about the toxicity of the oil and the dispersants many believe continue to be used in the Gulf. Time after time the EPA and NOAA don’t return phone calls or won’t address the issue, even when independent lab tests prove residents are being poisoned.
Some highlights:
“Michelle Nix, from Pensacola, Florida, founded the group Gulf Coast Oil Spill Volunteers. Nix helped organise blood tests for several Gulf coasts residents who were experiencing sicknesses attributed to toxic chemicals released from BP’s well blow-out and the dispersants the company has used to sink the oil. In October, Dr. Wilma Subra, a chemist and Macarthur Fellow, conducted the blood tests for volatile solvents - chemicals present in BP’s crude oil as well as their toxic dispersants – on eight people Nix provided who live and work along the coast. Most of the people tested had these toxic chemicals present in their blood at levels several times higher than the national average. On November 8, EPA Administrator Lisa Jackson headed a meeting of the Gulf Oil Spill Task Force in Pensacola, which activist Michelle Nix attended. “I hand delivered these blood test results to Lisa Jackson,” Nix said, “She told me she would get back in touch with me, as well as that she would get in touch with Dr. Subra.” It is nearly a month later, and Nix has not heard from Lisa Jackson or the EPA. Dr. Subra, who is actively working with the EPA on issues beyond the BP Gulf of Mexico oil disaster, is still waiting to hear from them about the blood test results. “I have not heard back from the EPA about the blood tests,” Subra told Al Jazeera, “I’m working with the EPA on a host of other issues, including superfund issues and hydraulic fracking. So let me be clear that they are not ignoring me on other issues. But with the blood tests, I have not heard from them.”
And…
“In response to their oil disaster last summer that released at least 4.9 million barrels of oil into the Gulf of Mexico, BP admitted to using at least 1.9 million gallons of widely banned toxic Corexit dispersants (which have been banned in 19 countries) to sink the oil. The dispersants contain chemicals that many scientists and toxicologists have warned are dangerous to humans, marine life, and wildlife. Residents in Mississippi and Louisiana told Al Jazeera that they believe BP continues to use the toxic dispersants, but the EPA will not respond to their appeals for information and help. Jesse Fineran works within the Hancock County Mississippi Emergency Management Agency as an oil spill response worker within the Emergency Operations Center. “They keep spraying [dispersants],” Fineran told Al Jazeera, “We keep seeing this foam coming in just about everyday. His attempts to alert EPA of the ongoing use of dispersants, as well as many other concerns he has about BP’s response to the disaster, have been largely ignored. Fineran, who continues to work within the Emergency Response Center for Mississippi added, “Nothing the EPA has told us has turned out to be true.”
And…
Shirley and Don Tillman from Pass Christian, Mississippi, have been outspoken in their belief that BP’s dispersants have been making people sick. They were in BP’s oil response Vessels of Opportunity program, and several of their family members and friends are sick from what they believe are chemicals in BP’s dispersants. On October 19th they were visited by Special Agent James Kejonen from NOAA, and Special Agent Ben Bryant with US Fish and Wildlife. The agents told the Tillman’s they were collecting information for a government investigation into dispersants and possible problems associated with them. “I gave them a sample we’d taken from Long Beach that I thought had Corexit,” Shirley Tillman told Al Jazeera. “They were very friendly and seemed sincere, but we haven’t heard back from either of them, and they won’t return our phone calls.”
Government agencies, the American citizens’ tax-dollars pay for, ignoring American citizens, the same citizens who are in the Gulf, experiencing the effects of the BP oil spill firsthand. It would seem, in a rational world, these citizens would simply have to take their concerns and questions to the governmental agencies responsible to assist them, to help put their mind at ease or at least give answers to their questions, initiate an investigation…respond in any sort of way, but that’s not the way things work in the Gulf.
One might begin to question why this is?
Is it politics? Is it a cover-up? Is the problem so large nobody can figure out how to address it? Is it legal maneuvering? Is it a government working at the behest of a large corporation due to some alternative, unspoken arrangement? Is it simple disregard? Is it waiting for more conclusive test results? Is it trying to get a handle on the best way to spin an unforseen health crisis? Is it an attempt to make the problem go away by ignoring it, by attrition, by wearing everyone down until they just shut-up?
Maybe some of these, maybe none of these or all of these.
Hard to know for sure…but there is one thing for sure, one thing most certain…on the part of the EPA, the NOAA and British Petroleum:
It is fucking irresponsible.
Have a nice day.
$14 Billion Dollars Returned to BP, Feinberg Estimates
In a recent article about the $20 billion dollar escrow account and claims process, Ken Feinberg estimated that after all is said and done, he will have paid out 6 billion of the BP Oil Spill trust fund, and he will then return the remaining $14 billion dollars to British Petroleum. These are surprising numbers, especially when you consider the amount of displeasure and suffering in the Gulf today. Second Harvest and Catholic Charities of Louisiana are reporting a 25% increase in demand, much of it attributable to the effects of BP’s spill, especially because most people in the country believe BP is taking care of this increase monetarily (the company is not) and it has resulted in fewer private donations.
The situation in the Gulf is getting worse, with Iray Nabatoff, director of the Community Center of St. Bernard, a Second Harvest partner reporting requests for food, clothing, assistance information and computer laboratory sessions continue to rise. “We’re seeing the ripple effects of the oil spill and the cessation of fishing activities right through the economy,” Nabatoff said. “I think we’re still on the ascending end of this. I wish I could report things are abating. On so many levels, it’s actually more of a struggle now.”
Again, these charities are not covered by the trust fund. These charities are on their own.
In light of this and several other developments, $14 billion dollars being returned to British Petroleum seems almost obscene.
Consider:
Over the past few months British Petroleum has been scaling back the amount of cleanup workers despite continuing reports of heavy oil washing up onshore, and the company also began cutting the pay rates to companies that contract with cleanup workers.
The ever increasing amount of bankruptcies occurring in the Gulf as a result of lost wages, lost businesses and lost lives as a result of this spill.
The amount of people in the Gulf Coast region who are getting sick and the number of people who have been exposed to chemicals and will become sick in the future. If British petroleum doesn’t pay for their health care, after the individual is forced into bankruptcy by medical bills, the state and federal government will be the ones to do so, and what of the pain and suffering caused in the meantime?
As I wrote yesterday, there are numerous accusations being levied at Ken Feinberg that people are being underpaid in an attempt to steer them towards final payments. Feinberg denies this, but it doesn’t change the feeling of many residents on the Gulf Coast. They see 60,000 denials of payment, 147,000 under review, a lack of transparency in the claims process, no details given to explain how the amounts they received were calculated, all the claimants who feel they have little recourse, the changing rules, the pressure of forced decisions.
These feelings don’t come about when people consider a process fair.
And lest we forget, this spill has produced untold environmental impacts to the entire region which are years in the measuring, costwise.
August of 2013 is when the whole claims process is set to expire, when Feinberg states the last check will be sent from the fund. That may seem like a long time but it really isn’t, not in the big picture. This is only two and a half years and it would be my guess that in such a short time frame, some problems will only be really starting to show evidence: physical health, mental health, continued deterioration of fish stock and the environment.
In two and a half years, British petroleum gets the money back.
Okay, so consider this:
Two decades after the worst oil spill in U.S. history, huge quantities of oil still coat Alaska‘s shores with a toxic glaze, experts say. More than 21,000 gallons of crude oil remain of the 11 million gallons of crude oil that bled from the stranded tanker Exxon Valdez on the night of March 23, 1989.
The oil—which has been detected as far as 450 miles (724 kilometers) away from the spill site in Prince William Sound—continues to harm wildlife and the livelihoods of local people, according to conservation groups.
Dennis Takahashi-Kelso, who was on the ground at the Exxon Valdez disaster as Alaska’s commissioner of environmental conservation, remembers wading through knee-deep pools of bubbling, thick oil. The smell of the pure oil was intense and pungent, he said.
When he returned to the same beaches years later, he found “surprisingly fresh” oil just below the sand.
That’s twenty years later; two and a half years ain’t shit…but for BP, their escrow account disbursements will be over. As for the Gulf of Mexico and its residents, the trouble may still be in its infancy and at that time, as Feinberg estimates, British Petroleum will walk away from the Gulf with $14 billion dollars.
Have a nice day.














