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Benzene Myeloma Case Dismissed for Lack of Prosecution


A recent Benzene exposure case has been dismissed by the Jefferson County District Court after the plaintiff’s attorneys withdrew as counsel. The Southeast Texas Record reports that the plaintiff, Wallace Moore, filed suit on February 17, 2011, against Chevron USA and eight other companies, including ExxonMobil, Gulf Oil, Jones-Blair Co., Texaco, Radiator Specialty, U.S. Steel Supply Shell Chemical and Shell Oil.

The suit alleged that Moore was exposed to dangerous amounts of Benzene-containing chemicals while working as a general laborer and truck driver at U.S. Steel’s Port Arthur plant, between the years 1966 and 1986. “This exposure resulted in Wallace Moore developing the disease multiple myeloma,” according to the suit. Moore further alleges that the defendants, who manufactured the products, were negligent for allowing exposure to benzene-containing products without warning workers about the potential health hazards.

Benzene is a potentially dangerous organic chemical compound that occurs naturally as well as by artificial processes. Exposure is common in the petroleum industry, where Benzene is found in products gasoline, kerosene, distillate fuel oils, residual fuel oils and lubricants. Leaks and spills can contribute to excessive Benzene exposure, but even moderate levels of exposure can be highly dangerous, studies have shown.

Although Moore’s multiple myeloma is very likely linked to his decades of Bezene exposure, his case fell apart when he and his legal team failed to agree upon how the suit should be handled. As a result, Moore’s attorneys withdrew and Jones-Blair Co. filed a motion to dismiss the case for want of prosecution. The judge, Donald Floyd, agreed with the dismissal request. Moore was suing for punitive damages as well as past and future medical expenses, medical anguish, pain impairment, disfigurement and lost wages. Additionally, Moore’s wife was seeking loss of consortium damages.

Though the details of the conflict aren’t publicly known, Moore probably made a serious misstep in failing to trust the judgment of his legal team. When going up against large corporations, it’s absolutely crucial to rely on an expert legal team that understands how to strategically go about obtaining the best recovery possible. This is especially true in a case like Moore’s, where the alleged exposure occurred decades before the trial, and the attorneys must attempt to draw a definitive link between the disease and the chemical exposure.

If you have been exposed to Benzene or Benzene-containing chemicals at any point, don’t try to fight the battle yourself. You may be entitled to monetary compensation, but you need the best legal representation that you can get. Put your faith in a qualified Benzene attorney who understand the laws, and who know how to fight the big corporations.

The personal injury lawyers at Nadrich & Cohen have been fighting the big companies and winning for decades, and we may be able to help you too. Contact us today at 1-800-718-4658 to discuss your case and receive a free consultation. Time is fleeting, though, so act now.

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