When a deadly explosion destroyed BP’s Deepwater Horizon drilling rig in the Gulf of Mexico, 134 million gallons of crude erupted into the sea over the next three months — and tens of thousands of ordinary people were hired to help clean up environmental devastation from the biggest offshore oil spill in U.S. history.
These workers were exposed to crude oil and the chemical dispersant Corexit while picking up tar balls along the shoreline, laying booms from fishing boats to soak up slicks and rescuing oil-covered birds.
Recognizing that some members of cleanup crews had likely become sick, BP agreed to a medical claims settlement two years after the 2010 disaster. Experts hailed it as “an extraordinary achievement” that would compensate workers fairly with little hassle.
But it hasn’t turned out that way.
The effort has fallen far short of expectations, leaving many workers who claimed lasting health effects stranded with little or no payment.
Through the settlement, BP has paid ill workers and coastal residents a tiny fraction — $67 million — of the billions the company has spent on restitution for economic and environmental damage. The vast majority — 79% — received no more than $1,300 each.
Many workers claiming illnesses from the spill were forced to sue — and they’ve fared worse. All but a handful of roughly 4,800 lawsuits seeking compensation for health problems have been dismissed.
Attorneys familiar with the cases say they are unaware of any that have gone to trial and know of only one that’s been settled. Former boat captain John Maas received $110,000 from BP for his lung ailments in 2022, according to a confidential copy of the settlement.
The repeated failures demonstrate how extremely difficult it is to prove to a court that a specific illness is caused by chemical exposure — even when those chemicals are recognized causes of illness more generally.
An Associated Press investigation that included dozens of interviews with cleanup workers, attorneys and experts, and a review of voluminous court filings revealed:
—A single switched word in the settlement prevented thousands of workers from receiving anything over the minimum of $1,300 each. To get more, they had to file individual lawsuits — an option that almost always led to defeat.
—Most federal judges hearing those cases required a level of proof connecting chemical exposure to worker illnesses that the lead government epidemiologist studying the spill says is likely impossible to meet.
—Big law firms representing dozens or even thousands of workers failed their clients in various ways. After BP accused one firm of manufacturing medical claims, its cases were dismissed in big batches.
Robin Greenwald, one of the plaintiffs’ attorneys who negotiated the settlement, said even her firm has not been able to win a single medical case against BP.
“I wanted people to get their day in court and they win or lose at trial,” said Greenwald, a former federal environmental prosecutor. “Let a jury decide. … But they weren’t even given the chance to do that.”
BP declined to comment for this story, citing ongoing litigation 14 years after the spill.
GETTING SICK
After the explosion on April 20, 2010, the spill was spectacular. A camera live-streamed the rupture on cable news, showing the world in real time gushing oil that wouldn’t stop. Oil floated on the Gulf and washed ashore, covering plants, birds and other animals.
To break up oil, roughly 1.8 million gallons of Corexit were dropped from planes and sprayed from boats — far more than previous U.S. oil spills. The manufacturer said it was safer than dish soap.
But lab research on human tissue and animals has revealed Corexit can damage cells that protect the airways and cause scarring that narrows breathing tubes, according to Dr. Veena Antony, a University of Alabama professor of pulmonary and critical care medicine who has studied Corexit’s effect on lung tissue. Over time, she said, the process can make it harder and harder to breathe.
“I genuinely believe that there was harm done and we didn’t realize the harm was being done — and now people are suffering,” said Antony, who testified as an expert witness in one suit against BP. “I would not, at the present time, put my hand even in Corexit without wearing double gloves.”
The current producer of Corexit, ChampionX, said the dispersant was pre-approved by the government for use on oil spills and the manufacturer had no role in deciding when or how to spray it.
Oil itself has long been known to cause illness. One of its toxic components is benzene, which can cause conditions…
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