$100 Million Verdict for BP Contract Workers Sickened by Carbon Disulfide at Texas City Refinery

In April 2007, ten contract workers were exposed to carbon disulfide while performing repair and maintenance work at BP's Texas City refinery, located roughly 30 miles southeast of Houston. Carbon disulfide is a toxic, colorless liquid that attacks the nervous system; even short-term exposure can cause headaches, dizziness, and long-term neurological damage. The workers, part of a larger group of 143 represented by Houston attorney Tony Buzbee, alleged that BP knew the chemical was present and failed to provide adequate protection or warning.

Before the case went to trial, Buzbee approached BP with a settlement offer of $10,000 per worker -- a number that reflected the workers' modest medical expenses at the time. BP rejected the offer. That decision would prove costly. After a three-week trial in Galveston federal court, the jury deliberated for just one and a half days before returning a verdict on December 18, 2009.

The jury awarded each of the ten plaintiffs $10 million in punitive damages, bringing the total to just over $100 million. Nine of the workers also received between $5,000 and $10,000 in compensatory damages for pain, suffering, and medical costs. The tenth worker received more than $240,000 in compensatory relief. In total, the verdict exceeded $100 million. BP called the result 'utterly unjustified, improper and unsupportable' and announced it would appeal.

In March 2010, U.S. District Judge Kenneth Hoyt vacated the punitive damages. The judge found that while BP had been negligent in allowing the chemical release, the evidence did not clear the higher bar of gross negligence, which requires proof of an extreme risk of harm and a conscious disregard of that risk. Judge Hoyt pointed to the fact that BP maintained monitoring systems at the plant. The compensatory award -- approximately $326,000 across all ten plaintiffs -- survived the ruling. BP indicated it would seek to appeal even those remaining damages.