Tennessee Law Blog

Benzene lawsuits have been big news lately in Texas, Tennessee, and Florida--some good news and some bad news. Good news is these benzene lawsuits are having their day in court; bad news is these benzene lawsuits are occurring because government oversight of its citizens’ safety is lax--forcing personal injury lawyers to step in and clean up the carcinogens through lawsuits after the cancer has been caused, soil contaminated, damage done.

Benzene is an industrial chemical used in the production of a number of products, including refineries, tire manufacturing, and microchip production. It is a known carcinogen, responsible for most cases of workplace-caused acute myelogenous leukemia (AML). Atmospheric and workplace exposure to this leukemia-causing chemical is supposed to be regulated by EPA, OSHA, and other regulatory agencies. Unfortunately, as recent news events show, federal and state government officials' hands are tied by loose laws regulating benzene or for punishing those who do not take appropriate benzene safeguards to prevent potential cancer from benzene exposure.

Concerned Houston-area citizens and Texas environmental watchdogs filed a Clear Air lawsuit last week to protect themselves from benzene and other carcinogenic and dangerous emissions from a Deer Park (southeast Houston) Shell Oil refinery. This is the first time benzene lawyers and private citizens have used a provision of the Clean Air Act that allows individuals to sue for violations when government enforcement fails.

The aim of this lawsuit is to prevent further “upset events,” that is, when safety procedures or equipment fails and releases air pollutants from refineries. According to attorneys filing the lawsuit, benzene and other dangerous chemicals are frequently released from this oil refinery but can be prevented with simple investments in equipment. Instead, millions of pounds of toxic substances (including carbon monoxide, benzene, sulfur dioxide, and nitrous oxide) have been released into the air, according to the lawsuit. While the Shell refinery has paid slap-on-the-wrist fines (ultimately amounting to what one attorney calls a “pay to pollute” policy), this new lawsuit will fine the refinery up to $32,500 per day for violations dating back to 2002.

Meanwhile, benzene lawsuits in New York charge an IBM computer plant with cancers caused by over 70 years of toxic dumping in Endicott, birthplace of IBM. Over 90 present and former residents are part of the lawsuit originally filed over four years ago who have come down with a variety of health conditions, including birth defects and cancer.

Finally, closer to home, Publix, as subject of a benzene in soda lawsuit, will change the formula of and put expiration dates on their cans of diet lemon lime. Publix was one of many producers of citrus sodas found to contain benzene levels higher than EPA safety regulations for drinking water. Unfortunately, neither the EPA nor the FDA have set standards for benzene in soft drinks and could only issue warnings to the public and producers. Carcinogenic benzene molecules were released from chemical reactions in certain carbonated citrus drinks. This change occurred as part of a undisclosed settlement from a benzene lawsuit.

Like asbestos in the 70s, it’s taking benzene personal injury lawsuits to clean up industry's act and to make our citizens’ home safer and reduce risks involved from workplace exposure to this leukemia-causing industrial solvent.

If you or a loved one has been diagnosed with acute myelogenous leukemia (AML) and you believe this cancer is a result of long-term benzene exposure, contact our HHP personal injury lawyers for a free consultation on what legal action you can take in Tennessee for benzene-caused cancer.

Like cops in hardboiled movies, attorneys like to check up on those usual suspects on their beat. One I keep my eye on and was eying recently is BF Goodrich’s tire manufacturing plant in Tuscaloosa, AL a few hours south of our offices. A little over a year ago, the plant was fined by OSHA for more than $91,000 in penalties for workplace hazards after being issued 28 serious citations, 2 of which for repeat citations. Most of these dangers were basic matters to solve but life-threatening to workers, such as preventing worker falls into pits through floor openings, updating machinery to prevent electrocution, and not providing proper personal protective equipment like gloves and face shields.

What I found in the news was another occupational hazard.

Benzene.

The widow of a worker at the same Goodrich tire plant filed a wrongful death lawsuit last year. But instead of taking on Goodrich, she and her representation went after one of the largest distributors of atmospheric benzene: gasoline companies.
Since leaded gas went out with the Chevy Nova, benzene has been added to gasoline in its stead. Factory workers at tire building machines use gasoline as a solvent when constructing a tire. Her husband died of acute myelogenous leukemia, a disease almost exclusive to benzene exposure.

Benzene is used in other solvents other than gasoline, but this one caught my interest. Were workers at BF Goodrich informed of the dangers of benzene exposure?
No amount of benzene exposure is completely safe. Employees at Firestone in LaVergne, Tennessee, tire workers at Bridgestone in Morrison, and Nashville workers at Goodyear should be aware and reminded why wearing their respirator properly is important.

I’ve been trying to serve the public good for a number of years now, and, still, the hardest cases I encounter are benzene cases. Any time a common carcinogen’s involved, there’s a certain difficulty in establishing cause and effect.

Even if a client was exposed to benzene every day of his or her job as an oil refinery worker or tire plants, it’s not always easy to prove this exposure caused his/her cancer--but that’s not the hard part. Sure, when we’re all exposed a number of carcinogens from a number of places everyday, the corporations have a good shot a deferring responsibility, but what makes these cases hard are the clients going through chemo for acute myeloid leukemia or non-Hodgkin’s lymphoma who know that they got it at work and the company they worked 40-plus hours a week for and made profitable won’t listen to their case.

What spurred this old ghost? A friend of my associate who’d gone to Rhodes College in Memphis contacted him the other afternoon wondering what he could do about the Williams Refining Co.’s release of benzene (as much as 31% over federal limit) that went unreported by the company for four years (1997-2001). Sure, back in February of this year they were fined $2.2 million by EPA for violating the Clean Air Act, but, he asked, what about Memphisites? He doesn’t smoke, but was still breathing in (and drinking) their carcinogenic waste the entire time he was in Midtown.

He asked what he should do.

I advised him not to start smoking.

Benzene travels in the blood and becomes a metabolite stored in the bone marrow. The more your bones absorb, the greater likelihood of their producing cancerous cells. If nothing else, benzene, like asbestos, are loyal: they’ll stick around with you for life.
I’m not sure I should feel fortunate that the EPA finally found and fined the factory after four years or lucky that the refining company was in Memphis and not Nashville and that the Smokies keep the wind blowing west away from the capital. Whatever it is I’m supposed to feel, I don’t feel good.

This week we just concluded a case where a man is dying from myelogenous leukemia. Our client worked around diesel fuel for the past twenty years. It is our belief that the cancer was called by a chemical known as Benzene. Unfortunately, we have other similar cases from Benzene exposure.

Benzene is commonly used throughout the country in plastics, rubber, resins, and synthetic fabrics, as well as fuels, paints and a number of other common items. Exposure to high levels of benzene has been associated with cases of leukemia, cancer, acute myelogenous leukemia, acute lymphocytic leukemia, and chronic myelogenous leukemia, as well as many other types.

What is upsetting about this case and other similar cases we have is that my practice is reactive. When the family sits in my office the tragedy has occurred. I can’t undue the events; we can only seek some relief in a Court room. I am making this post to let everyone know of the dangers of benzene. Perhaps if more people know of the problems they can take precautions, stay healthy and be proactive to avoid the potential dangers of this chemical.