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BP Oil Spill, BP Oil Spill Cleanup Workers BLOG POST

Later Manifested Conditions Settlements

New studies of local marine life are showing that Gulf killifish, used by area fishermen as bait, are showing strange protein compounds in their gills, livers and severe reproductive defects. Authorities say that local fish is safe to eat ―but no one can tell what health issues they may cause in the long-term.

Our bodies are constantly processing everything that we touch, breathe, and eat. As in the case of asbestosis and lung cancer, oftentimes the effect of toxic exposure is not immediate. It is difficult, if not impossible, to determine the precise long-term effects of exposure to the crude oil and chemical dispersants to the health of cleanup workers and residents of the Gulf. All we know is that every day, more and more people are feeling sick.

What to look for

As part of the Health Settlement with BP Oil, “later manifested conditions” may qualify for compensation — these are health conditions that manifest in the future and therefore don’t meet the criteria for chronic conditions and acute medical conditions under the Specified Medical Conditions Matrix. Later manifested conditions that may develop include — but are certainly not limited to — memory loss, post-traumatic stress disorder (PTSD), cancer, liver damage and renal failure.

Back-End Litigation Option

The terms of the Back-End Litigation Option of the Medical Settlement with BP Oil indicate that all “class members” (cleanup workers and certain residents of the region who have not opted out of the Medical Settlement) may make a claim.

You don’t have to prove that BP is directly responsible for your illness, but you do need to prove that your medical condition was caused by exposure to the crude oil or the chemical dispersants. There has been a limited amount of available health care services since the Spill, and only a handful of toxicologists on hand to evaluate the connection between the oil/dispersants and health problems. Therefore, providing the required documentation is challenging, and should be handled by people who have experience and have worked with these type of claims before.

Under the terms of the Medical Settlement, BP has the right to demand mediation for claims under the Back-End Litigation Option, but if mediation is unsuccessful a lawsuit may be filed. Obtaining aggressive legal representation is therefore crucial from the start.

Act quickly to preserve your rights

Not everyone affected by the BP Oil Spill is experiencing health problems — yet. If you begin to develop strange symptoms, obtain prompt medical attention and contact the Downs Law Group. We focus exclusively on medical claims benefits and can determine if you qualify for compensation.