Confidential
Settlement – $2,750,000Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Raphael Metzger
(Council for Education and Research on Toxics)
Defendant
Stephen L. Hewitt
(Hewitt & Raphael)
Lawrence P. Riff
(Los Angeles County Superior Court)
Experts
Plaintiff
Lloyd Damon
(medical)
Myron Mehlman
(technical)
Marthyn Smith
(technical)
Russell Brynes
(medical)
Defendant
Howard B. Spielman
(technical)
John F. Bennett
(medical)
David H. Garabrant M.D.
(medical)
Brent Kerger
(technical)
M. Joseph M. Fedoruk M.D.
(technical)
Facts
The decedent, a 33-year-old laborer/carpenter, worked as a subcontractor's employee, performing environmental construction work on foundations for facilities at defendant oil refinery during oil refinery Clean Fuels Project. The decedent allegedly was exposed to petroleum hydrocarbon vapors, including benzene, from contaminated soil at the refinery. The decedent developed leukemia or myelodysplastic syndrome (both forms of cancer of the blood-forming organs), and underwent chemotherapy and bone marrow transplantation. The decedent recovered from the transplant, but suffered graft-versus-host complication, resulting in organ failure and death. This survival and wrongful death actions was brought against the defendants based on toxic tort.
Settlement Discussions
After mediation failed and the parties were unable to agree on a high-low arbitration, a settlement was reached for $2,750,000.
Damages
The decedent's medical expenses totaled $2.33 million (all of which was paid by Medi-Cal whose lien was $366,000). The decedent had lifetime lost wages of about $20,000/year. The parents' wrongful death claims was estate claim for punitive damages. Damages was minimal because only Medi-Cal lien amount and pre-death lost wages recoverable, parents' claims small because parents were divorced and adult living on own.
Injuries
The decedent suffered myelodysplastic syndrome and acute myelogenous leukemia resulting in death at age 36.
Other Information
The settlement was reached approximately one year and four months after the case was filed.
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