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Riki Ott

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Lots of Inconvenient Truths -- Chemical Illness Epidemic in the Wake of the BP Blowout

Posted: 06/08/11 08:59 PM ET

Recently Kenneth Feinberg, the lawyer overseeing the $20 billion Gulf Coast Claims Facility to "make it right" for people harmed by the British Petroleum oil blowout disaster, told a Louisiana House and Senate committee that he had not seen any claims, or any scientific evidence, linking BP's oil and dispersant release to chemical illnesses. Feinberg also stated that chemical illnesses take years to show up -- conveniently well after his tenure with the compensation fund.

Instead of tossing the media a juicy bone, Feinberg tossed a red herring. He is wrong at worst, or intentionally misleading at best, on all points.

The GCCF process makes it difficult for people to be compensated for medical claims or even raise illness claims, while making it easy to release claims and rights to future medical care and benefits for chemical illnesses or other medically-proven illness related to the BP blowout and disaster response.

In fact the GCCF process is so blatantly egregious in terms of protecting corporate liability at the expense of human rights and health that a bill was introduced in the Louisiana state legislature, specifically targeting the BP oil disaster, to declare such "contractual releases are invalid as against public policy" and the release of claims to future medical care and related benefits null and void. In Louisiana. BP lobbyists are reportedly out in force, trying to gut the legislation.

Further, the pro-industry bias in the GCCF process turned thousands of people away. Over 130,000-plus claimants have filed lawsuits, now consolidated in Louisiana federal court under Judge Carl Barbier. According to one of the law firms involved, many of these claimants have indicated concerns about health and desire medical monitoring.

Feinberg's downplay of chemical illnesses and other medical issues stemming from the BP oil disaster -- with full knowledge of the parallel court proceedings -- shows that he and his boss, BP, have no intention of "making it right" for people in the Gulf.

"Not recognizing that there is a problem -- that's the problem," said Joey Yerkes, a former Florida cast net fisherman who became sick from chemical exposure while doing cleanup work during summer 2010. He filed a medical illness claim for compensation through the GCCF in early 2011 despite the obstacles. He had to file all his paperwork for medical claims twice because the GCCF employees could not find his initial paperwork. Joey undertook a rigorous treatment under medical care to detoxify his body -- but he exhausted his finances before completing treatment. Now he is forced to wait for the BP-controlled GCCF to pay, while his health steadily deteriorates. It's all he can do, he says, "just to chase my 2-year-old daughter around the park when we play."


Unlike Joey Yerkes, Monette Wynne has not filed medical claims through the GCCF. Her entire family -- herself, husband, 4-year-old twins, and 6-year-old child -- all tested positive for oil in their blood after spending last summer in their seaside home in Santa Rosa Beach, Florida. Wynne was so upset about her sick family that she and her husband drove to Atlanta, Georgia, and presented the family's test results to seven toxicologists with the federal agency, Center for Disease Control.

"We were told the levels of oil were of no concern," Wynne said. The federal scientists told them their levels of oil in blood were typical of urban dwellers who breathe traffic exhaust. Wynne didn't believe it -- her family's blood work shows they have more oil in their blood than most people, and her family is all sick with symptoms like those of Joey Yerkes -- symptoms that became widespread in Gulf communities during summer 2010; symptoms that are not going away. Wynne is considering borrowing money to treat her family. She and her husband had exhausted their savings to buy their dream home, a home that is now for sale.

Unfortunately for Joey Yerkes and the Wynne family -- and the legions of other Gulf residents and visitors with similar medical issues from summer 2010, British Petroleum is the "responsible party" for its disaster, but BP is actually responsible, by law, to its shareholders, not the injured people in the Gulf. This inherent conflict of interest means Feinberg is nothing more than a well-paid sock puppet for BP. He can be expected to act to minimize liability and financial damages for the "responsible party" by covering up the chemical illness epidemic in the Gulf.

Further, the federal laws and regulations designed to protect public health, worker safety, and the environment from oil and chemical poisoning are so riddled with exemptions that they cannot deliver their promise of protection -- as people near oil drilling and hydrologic fracturing ("fracking") operations have discovered. Social documentaries such as Gaslands and Split Estate exposed chemical illnesses and symptoms similar to the Gulf injuries and independent studies documented groundwater contamination, but the federal government still denies there is a problem.

Similarly, the federal government is also in denial about the horrific-and-federally-sanctioned poisoning of the Gulf people and wildlife, despite prior and post knowledge of the extent of contamination and the health impacts of oil and chemicals used to drill or disperse oil.

As Joey pointed out, denial of the problem is the problem. At the root of the issue of oil and chemical poisoning in the Gulf and elsewhere in America lies the problem of corporate constitutional rights -- transnational corporations claiming human rights. The challenge for all Americans is to reclaim our democracy and end corporate rule.

Activist and author Riki Ott is attending the Democracy Convention in Madison, Wisconsin, August 24-28, hosted by the grassroots coalition MoveToAmend. To learn more about what happened in the Gulf, and people and communities are doing to reclaim democracy and end corporate rule, visit www.changingtheendgame.org.

 
 
 
Recently Kenneth Feinberg, the lawyer overseeing the $20 billion Gulf Coast Claims Facility to "make it right" for people harmed by the British Petroleum oil blowout disaster, told a Louisiana House a...
Recently Kenneth Feinberg, the lawyer overseeing the $20 billion Gulf Coast Claims Facility to "make it right" for people harmed by the British Petroleum oil blowout disaster, told a Louisiana House a...
 
 
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HUFFPOST SUPER USER
Norma Ward
08:00 AM on 06/10/2011
It will also be interesting to watch the outcome of a $10 billion class action suit launched over environmental issues in 2010 at BP's Texas City Refinery as shown here:

http://viableopposition.blogspot.com/2010/08/more-problems-for-bp-at-texas-city-part.html
jeanlucbastille
Glows green in the dark...
05:25 AM on 06/10/2011
Softball article, never mentions the fact that both #1 and #2 guys in DoE,
Chu and Koonin have very close and strong ties to the BP, plus the EPA
admin put herself thru college with Shell grants etc...

Industries are writing their own rules behind the scenes at the cost of
the health and very lives of us the people, all in the name of corporate profits.

More of the same old same old that will not change as long as the
same old same old system is in place in DC.....
03:07 AM on 06/10/2011
"Spillionaires":
Profiteering in the Wake of the BP Oil Spill
Sunday 17 April 2011
by: Kim Barker, ProPublica
http://truthout.org/spillionaires-profiteering-wake-bp-oil-spill/1302678000
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Dredd
Our government is a wartocracy.
07:21 PM on 06/09/2011
The dieing, lying continuum is a very strange phenomenon.

http://ecocosmology.blogspot.com/2011/02/dieing-lying-continuum.html
FreeHat
Really?
05:56 PM on 06/09/2011
'Exxon Valdez survivor', in what sense? Did she drink out of the sea? I can imagine a sea otter being a 'survivor'...
09:40 PM on 06/09/2011
Those of us who live there and endured 20 years of litigation see it differentl­y. Not everyone who went through the spill survived - suicides, bankruptci­es, divorce were way too common. More than 6,000 of the 32,000 claimants died before the case was settled. Get a clue.
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HUFFPOST SUPER USER
Sister Bluebird
12:13 PM on 06/09/2011
This is the same sort of maneuvering we saw the government take with vets after reports about Agent Orange Exposure-Health problems and Gulf War Syndrome. Obfuscate, Deny, Ridicule, and then inundate with mountains of red tape. The fact is, that Congressional Hearings from the House Energy and Commerce knew these illnesses were coming, what would cause them and how they would manifest not only in cleanup workers but also in residents. http://democrats.energycommerce.house.gov/documents/20100616/Health.2010.6.14.pdf It shocks me that people seem to think that this is unimportant or that they unaware that these documents exist.
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HUFFPOST SUPER USER
Demitasse
Ars longa, vita brevis
12:05 PM on 06/09/2011
POISONED IN THE GULF

A year after the BP oil catastrophe in the Gulf of Mexico, a growing number of cleanup workers and coastal residents are reporting debilitating health problems associated with exposure to toxic chemicals in crude oil and dispersants. Faced with inaction from the federal government, victims are organizing a grassroots movement to demand action.
http://www.southernstudies.org/2011/04/poisoned-in-the-gulf.html
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11:04 AM on 06/09/2011
Big on speculation, small on facts. What is this supposed to mean?

"her family's blood work shows they have more oil in their blood than most people"

Almost half of all people have more oil in their blood than most people. How much more oil does this family have? 1% more ? 1000% more? Ott doesn't say.
12:22 PM on 06/09/2011
This family all tested above the 95th percentile. The reason that stat was left out is that it is very complicated to describe the baseline and two physicians who reviewed the article suggested leaving that out. However - if you want to go to Metametrix.com and read over their criteria, you will have your answer. http://www.metametrix.com/test-menu/interpretive-guides look for volatile solvents. (I am the author's assistant.)
T-Haight
What was wrong with federalism?
03:39 PM on 06/09/2011
But rating by percentile doesn't speak to the level in the blood, nor to the health effects of said level. If you have such information, post it, and be sure to emphasize it to pundits in the future.
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Democrat in the South
Empathy, the most important word
08:04 PM on 06/09/2011
Who paid you to say that?
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02:25 PM on 06/10/2011
Who paid you to ask that?
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10:55 AM on 06/09/2011
It is time we the people come together in unity and care for one another and our planet. Halliburton has its hands in the Gulf mess and in natural gas fracking and drilling. Halliburton's ties to the government are massive and it is time we the people come out in numbers to put up a big STOP sign. Dick Cheney is still lurking behind the scenes.

How is it that the regulators have been deregulated by the very corporations they're supposed to be regulating? They're one in the same. Our corporate backed government is hellbent on pushing through energy policy that is based in still raping and pillaging the land. Be damned to the people who are hired to actually carry out the messy work ... they're just fallout.

How many more disasters will it take before we the people hit the streets? Wisconsin is bigger than jobs ... that's our beginning. The energy policy apologists who continue to clamor about the costs associated with coal, nuclear and fracking compared to clean and renewable energy ... they don't give a damn about human and environmental fallout, either.

There are better ways, that don't have human, animal or earth fallout AND the costs per killowatt are par with the old dirty energy systems ... www.biofizon.com
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ABACADABRA RABBIT
02:57 PM on 06/09/2011
What do you think about President Obama's handling of this ecological nightmare?
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Democrat in the South
Empathy, the most important word
08:06 PM on 06/09/2011
What do YOU think?
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HUFFPOST SUPER USER
aligatorhardt
Cut on the bias
10:08 AM on 06/09/2011
The author is spot on with this article. The health damage from petroleum is constantly covered up and denied. http://thinkprogress.org/green/2011/05/14/175026/diseased-gulf-fish/
texasprogressive
True-blue in a red state.
09:52 AM on 06/09/2011
And the right keeps telling us that there's "too much govt. regulation". I guess they would rather we all be poisoned.
FreeHat
Really?
05:57 PM on 06/09/2011
The left goes along with it...otherwise it wouldn't happen.
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Frenchautopilot
Liberté, égalité, fraternité
03:43 AM on 06/10/2011
You're confusing 21st C. U.S. Democrats with The Left. The Left by definition does not "go along with it."
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gutenmorgen
a.k.a. crowsnest
09:49 AM on 06/09/2011
This article does not contain a single hard number on persons treated for chemical poisoning. Working as I do in a chemistry laboratory I am certain that it exists along the Gulf coast but talking about an epidemic without numbers is irresponsible.
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11:03 AM on 06/09/2011
If you are certain that it exists then let me suggest that you sit for a moment in silence and bring that knowing it exists forward into your heart and allow your right brain to come forward ... breathe in and out and allow your intuition to expand ... the numbers don't matter when you have an idea that there's quite a few sick people down there and no one is counting ... not the media, clinics (unless they're audited), and certainly not the government - corporate government that we have.

Compassion for what is can't always be quantified when no one is counting. They have become the forgotten people ... much like Katrina, much like the Native Americans, much like so many in our society. When do the corporate elite who have gamed our systems become the forgotten people? My heart goes out to them, too.
T-Haight
What was wrong with federalism?
03:42 PM on 06/09/2011
Actually, numbers do matter. Otherwise, we're all just having a group hug and talking. Every scientific, legal, or otherwise significant actionable argument must, at some point, rely on numbers.
FreeHat
Really?
06:00 PM on 06/09/2011
He is not (I think) making light of those effected. He is simply saying a better case would be made with solid data.
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11:22 AM on 06/09/2011
Yeah, seconded. That dispersant was more dangerous than the spill, and BP should never have been allowed to use it. But without some hard statistics, the article is meaningless.

I'd love to see BP hauled in to court, but somehow I don't think "breathing in and out and allowing my intuition to expand" is going to sway the judge very much.
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satanlite
Liberal blogger
09:05 AM on 06/09/2011
Stop voting for conservatives that could not care less about your health when compared to their corporate lobbyist payments from BP. Start voting for liberals who will FIGHT these megacorps. Until then don't look to me for too much compassion.
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08:40 AM on 06/10/2011
Obama's a conservative?
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satanlite
Liberal blogger
09:27 AM on 06/10/2011
Say something that makes sense. Its conservatives driving policy for the last 30 years that wrecked this nation. It can not be ignored or denied. But I'm sure some will try.
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rg3gg16
09:52 AM on 06/30/2011
Better yet.....STOP VOTING!!!! I'm sure there's a "majic%" where the vote doesn't count. Say, if only 40% vote........that's not a majority. The election gets thrown and a new one happens. Like I said, I don't know the majic number, but I'm sure one exists. I'll have to research that. It only makes sense. DAMN...........I sure hope I'm right about that. Checking................
PATOISJAM
reason: strategize: succeed
08:48 AM on 06/09/2011
Having suffered from chemical poisoning, I am here to tell you that it is no joke. Once it gets in the body it becomes systemic and is hard to dislodge. And to think that mine is not even on the level of some of the folks written about in this article!
07:22 AM on 06/09/2011
Know thy friends;> List of Advocacy Groups Organizing To Address Scientific Integrity
http://bit.ly/bph1Wj
And
Know thy enemies > Money trail of Who is Who in the toxic chemical war of your health http://alturl.com/o37pf