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BENZENE BIRTH DEFECTS, SPINA BIFIDA

       BENZENE EXPOSURE LEUKEMIA

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Birth Defect, Spina Bifida, Caused by Benzene Exposure

Scientists have suspected that benzene caused birth defects for many years.  Recently, a highly

respected scientific publication recently confirmed that  a pregnant woman's exposure to benzene

can, in fact, cause a birth defect known as spina bifida. 

Environmental Health Perspectives recently published the study.

The results of the EHP study gives rise to lawsuits that may have arisen under two sets of facts.

First and most recently, there are the women who were pregnant and exposed to benzene during

the 40 day BP chemical release that occurred in April and May.

Second, there are children in Texas City who were already born with spina bifida, who's mothers were

exposed to benzene during their pregnancies. 

If you fit into either of the two preceding categories, contact me for a free consultation.

CLICK HERE to learn about spina bifida.

To see the entire EHP study CLICK HERE then, when that screen comes up, click Download PDF. 

To see the Discussion and Conclusion only, CLICK HERE.

CLICK HERE to see the Houston Chronicle article reporting on the study.

Spina bifida is a very serious and potentially life altering birth defect which may require extremely expensive medical care for the rest of your child's life.  The additional costs involved in raising a child with spina bifida can be very significant. 

Your damages will include the cost of medical and related expenses until he or she is no longer a minor.  Your child will also suffer damages in the form of future medical care and treatment for the remainder of his or her life as a result of the spina bifida.  Your child will also be entitled to recover damages for the physical impairment which is caused by spina bifida, as well as pain and suffering, mental anguish and emotional distress and lost wage earning capacity. 

Juries have awarded my clients significant damages for past and future physical pain and suffering, mental anguish, emotional distress and physical impairment.   I am also experienced in suing for and recovering future medical and related expenses, as well lost wage earning capacity and punitive damages.

You should contact me if you became pregnant during or shortly before the BP release, which BP claims occurred between April 6 and May 16 of this year.  It will cost you nothing to contact me about your potential lawsuit.

You should also contact me if you already have a child that was born with spina bifida.  Allow me to protect your rights and the rights of your child.  It will cost you nothing to contact me about your potential lawsuit.

We must always remember that BP is the primary source of information with respect to the dates of the recent major release and the quantity of benzene released.  I am not willing to take BP's statements as true and I expect to prove that more benzene was released for a longer period of time than BP  reported.

Let my qualifications and years of trial experience help you recover all damages to which you and your child are entitled. 

According to the State Bar of Texas, only 10% of all Texas lawyers are Board Certified in a single area of the law.  I am Board Certified in both Personal Injury Trial Law and in Civil Trial  Law for a reason.  I have tried and prevailed in significant lawsuits and I will aggressively fight for you and your family to recover all of the damages to which you and your child are entitled.

Benzene Exposures in Texas City Chemical Plants and Refineries Cause Leukemia and Related Diseases

I became a Texas City benzene lawyer in the 1990's before many lawyers even learned about

benzene cases. 

First I promise that I won't sign you up as a client and then refer you to another lawyer. 

Many lawyers make their living by marketing certain cases, signing up the clients and then

referring them to other lawyers to handle, taking a percentage of the fee from your case when and if you get paid.

I give my personal attention to all of my clients and you can talk to me at anytime about the

progress on your case. 

Benzene is a well known carcinogen, mutagen and teratogen, as it causes leukemia,

chromosomal abnormalities and birth defects. 

Typically, benzene exposure occurs via inhalation, but you can also be exposed by

dermal contact or ingestion.  No matter how you are exposed to benzene, it can be deadly.

I have done extensive research of the law, industry standards, industrial hygiene and epidemiology in the benzene cases I have personally handled.  I even wrote the Chapter in "Civil Trial Practice: Winning Techniques of Successful Trial Attorneys" about benzene and OSHA, 29 CFR 1910.1200, which deals with benzene and Hazard Communication under OSHA.

Because of the knowledge I have gained during my years of studying the law and science relevant to benzene, I have acquired special, scientific knowledge that enables me to immediately determine (after receiving certain diagnostic data) whether or not certain benzene related diseases were in fact caused by benzene exposure. 

This special, scientific knowledge adds significant value to the benzene cases I handle and it also speeds up the process of making a significant recovery in the benzene lawsuits that I have handled.

I have significant special knowledge about Monsanto's practices.

CLICK HERE to go to the Agency for Toxic Substances Disease Registry (ATSDR) Toxicological Profile for benzene.  This Toxicological Profile does not include the recent scientific finding that benzene causes spina bifida or any other birth defect.

CLICK HERE to see the AMOCO/TOTAL Material Safety Data Sheet for benzene.

Leukemia, Myelodysplasia and Other Fatal Diseases Caused by Benzene Exposure

The following is a list of some of the diseases that occupational exposure to benzene can cause:

>Acute myelogenous leukemia (AML), also known as acute myeloid leukemia,  acute                                        myelocytic leukemia, acute non-lymphocytic leukemia, acute myeloblastic leukemia,                                     acute granulocytic leukemia (AGL), and acute promyelocytic leukemia(APL),  

       >Chronic myelogenous leukemia (CML),

>Non-Hodgkin's lymphoma,

>Myelodysplastic syndrome (MDS) which is also known as myelodysplasia,

>Lymphoma,

>Aplastic anemia,

>Multiple myeloma.

This list of diseases includes the most common, but not all, benzene related diseases. 

CLICK HERE to go to the Benzene Substance Profile from the Center for Disease Control (CDC) from its Report on Carcinogens, Eleventh Edition. 

Benzene, Gross Negligence, Wrongful Death, Worker's Compensation  Lawsuits

The diseases listed above typically occur many years after a person's chronic or long term exposure to benzene, so do not think that you cannot sue just because your exposure was long ago. 

The time period between a person's first exposure and onset of disease is known as a "latency period."  The latency period for benzene exposure can be as short as five years, but is typically much longer than that.

I have filed gross negligence wrongful death, worker's compensation cases arising from my clients' occupational exposures to benzene, which occurred as early as the 1950's.  

Don't give up by thinking there is a statute of limitations problem.  As long as you were diagnosed with your last benzene related disease within the past two years, I have that issue covered.

In cases where the exposure victim has already died, the case will be more difficult to prosecute, but I can still do so as long as I can find one or more co-workers who can testify as to the working conditions.  Workers in the same trade make good witnesses.

You should contact me immediately if someone you know worked with or near benzene and has been diagnosed with one of the disease listed above.  This will enable me to take the time-sensitive and urgent legal steps that are necessary to protect the legal rights of his or her loved ones.

Again, do not hesitate to contact me just because your last exposure to benzene occurred decades ago.  Benzene has a long latency period.

As a side note, my father and I both worked at Monsanto in Texas City and we were both exposed to high levels of benzene while we worked there.  My Dad was a pipefitter and I was a pipefitter's apprentice working out of Local 211 in Texas City.  It was there where I personally learned of Monsanto's lack of safety practices and industrial hygiene. 

In handling other cases I gained valuable knowledge of how Monsanto treated its employees  who worked in units where benzene was a feedstock or a byproduct. 

Benzene was routinely used to clean tools as late as the 1970's.  I know this for a fact, because I cleaned my tools in benzene that was provided in a large open trough while I worked for Monsanto during the 1970's. 

Typically, lawsuits for clients who were occupationally exposed to benzene in Texas City, are based on the gross negligence of a former employer.  These cases are sometimes referred to as gross negligence, wrongful death, worker's compensation cases.

Texas law prohibits a former employee from suing his or her former employer for negligence, if the employer had worker's compensation insurance.  However, the family of a former employee can sue the employer for gross negligence, but only after the former employee's death. 

In a gross negligence, wrongful death, worker's compensation case, the former employee never has a right to sue.  Furthermore, the gross negligence lawsuit cannot be filed by his or her family until after his or her death.

The law and the factual realities create a quandary because, typically, the only viable defendant in occupational exposure cases will be the exposure victim's former employer. 

In a gross negligence, wrongful death case, the exposure victim's family can only recover punitive damages.  They cannot sue for medical charges or mental anguish or any other damages.  While this limitation of damages is significant, there is plenty of evidence that the plants and refineries in Texas City were grossly negligent by overexposing workers to benzene.  Their conduct was so bad that a jury can easily return a punitive damages verdict for a significant sum of money.

With all of that said. it is very important for benzene exposure victims who have been diagnosed with benzene related diseases to contact me for legal representation immediately upon being diagnosed with a benzene related disease.

This is true for a couple of reasons.  The first reason is that the exposure victim may not have long to live and it is imperative that his or her testimony be obtained by deposition in order to maximize the value of the lawsuit that will be filed later by his or her family.  Without the exposure victim's testimony, the value of the lawsuit may be significantly impaired.

This deposition will be used to prove one or more of the issues litigated at trial.   It will also allow the jury to get to know the exposure victim and to hear the details of how he or she was exposed to benzene and how he or she suffered with his or her benzene related diseases. 

So, taking the deposition is time sensitive and urgent and there can be no delay in taking it.  If a gross negligence, benzene exposure case is not handled properly, the lawyer may never obtain this extremely valuable testimony. 

I have always been successful at employing a procedure whereby I file a special proceeding which enables me to take the exposure victim's deposition before filing the wrongful death lawsuit.

I make it a priority to file what needs to be filed and to take the deposition as soon as possible. By retaining me to represent you or your family in your benzene exposure case, you insure yourself that:

(a) you have retained and experienced, Board Certified Personal Injury Trial Lawyer with 30 years experience who you know and who you can contact at any time,

(b) you have retained an attorney who has handled numerous gross negligence, wrongful death,  worker's compensation, benzene exposure cases arising out of Texas City,

(c) I will file special proceedings in addition to the actual lawsuit in order to maximize the value of your lawsuit, and

(d) I won't create any delays.

I will never be too busy to discuss your case with you.

Contact me if you or someone you know was diagnosed with any benzene related disease.

If you are a client or a potential client, you can put my number in your cell phone now and call me at 409-945-4241. My email address is mike@jmichaelblack.com.

Law Offices of J. Michael (Mike) Black

2102 8th Avenue North

Texas City, Texas 77590

Benzene Exposure Causes Leukemia

                                                                           The Law Offices of

      J. Michael (Mike) Black

       Benzene Causes Birth Defect, Spina Bifida

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