Binder, Shell, Benzene & non-Hodgkin lymphoma (“NHL”): A case in the United States District Court, E.D. Louisiana ruled on a motion More Definite Statement.
The Binder, Shell, Benzene & non-Hodgkin lymphoma (“NHL”) case documents what many people (deck officers, mates, able bodied seaman, tankerman on various vessels in navigation) may face today that may have worked in or around the petroleum industry, chemical industry and the petrochemical industry (on oil rigs, oil platforms, boats, ships, oil tankers, seismic vessels, cleaning tanks, tankers and vessels) and been exposed to Benzene – leukemia, kidney cancer or air borne chemical exposure.
The court ruled: IT IS ORDERED that Shell Oil Company’s and Shell Chemical LP’s Rule 12(e) Motion for More Definite Statement (R. Doc. 8) is DENIED.
A brief summary of the facts include:
- The Plaintiff filed this action against Shell claiming that he developed non-Hodgkin lymphoma (“NHL”) after being exposed to benzene, gasoline, toluene, xylene, crude oil, and diesel while cleaning tanks at Shell from 1982-1986.
- Plaintiff alleges that he worked as a contract tank cleaner for Rollins Environmental, Inc. (“Rollins”) and performed turnarounds and worked on new construction jobs at the Shell facilities.
- Plaintiff alleges negligence, strict product liability, and liability under former Article 2317 of the Louisiana Civil Code.
- Shell argues that the Plaintiff should be required to amend his complaint because he does not identify the location of the Shell “facilities” where he allegedly sustained benzene exposure.
- Shell argues that it cannot make an assessment of proper venue due to the absence of the location where the alleged injury occurred and cannot properly respond to the complaint.
- Shell contends that it cannot discern from the Plaintiff’s complaint the actual states where the “facilities” were located and is left to guess which of its facilities Plaintiff allegedly visited.
To find out more on the case, see Case No. 15-0097 – March 16, 2015.
BENZENE EXPOSURE
Benzene is a clear, colorless aromatic liquid that is highly flammable and is used in many industries, including, the petroleum industry, the petrochemical industry, the steel industry, the industrial chemical industry, the alkalies manufacturing industry, the paint industry and by the chlorine manufacturers.
Benzene exposure for workers in many aspects of:
- petroleum and gasoline refining
- as well as barge workers
- pipe-fitters
- tanker-men
- drum fillers
- shipping and receiving personnel in the petrochemical industry
- mechanics
- machinists
- other workers in a variety of general industrial occupations
- chemists
- laboratory technicians
- chemical workers and instrument men
- chemical truck and tank truck drivers
- rubber workers
- workers in the printing industry
- dry cleaning industry
- and others exposed to benzene in some form, including:
- gasoline
- crude oil
- and benzene-containing chemicals, such as:
- benzol
- naphtha
- toluene
- xylene
- reformate
- raffinate
- and many solvents and paint thinners
may cause:
- Leukemia
- Acute myeloid leukemia (AML)
- Acute non-lymphocytic leukemia (ANLL)
- Aplastic anemia
- Chronic myelogenous leukemia (CML)
- Myelodysplasia
- Myelodysplastic syndrome (MDS), or
- Lymphoma, including non-Hodgkins lymphoma
- Multiple Myeloma
- Kidney cancer
- Other potential problems
For more on benzene exposure, please follow this link: Benzene, Leukemia & Cancer.
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At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases.
If you have been diagnosed with a serious disease (e.g., kidney cancer, leukemia, AML, CML, MDS, lymphoma, multiple myeloma, aplastic anemia, non-Hodgkin lymphoma (“NHL”) etc.) from benzene exposure, and need a benzene lawyer to help you file a benzene exposure lawsuit, contact our office at 1.844.329.5955.
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