Date: 09-30-2024

Case Style:

Gill McGree v. BP Exploration & Production, Inc.,, et al.

Case Number: 3:18-CV-02364

Judge: M. Casey Rodgers

Court: United States District Court for the Northern District of Florida (Escambia County)

Plaintiff's Attorney:

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Defendant's Attorney: Sarah A. Long, Alex Christina Bontkowski, Andres Alejandro Pino, Chan McLeod, Jr., Charles Bradford Wilmore, Devin Chase Reid, Francis M. McDonald, Jr., Jessica Marie Kennedy, Ricahrd Muncie Crump, Russell Keith Jarrett, Schuyler Analise Smith, Scott Christopher Seiler

Description:

Pensacola, Florida personal injury lawyer represented the Plaintiff.

After the Deepwater Horizon oil spill in 2010, BP created a program to clean up the Gulf of Mexico. This program involved deploying workers in boats to use dispersants to break up the spilled oil. McGill was a clean-up worker who alleges he was exposed to oil, dispersants, and decontaminants while working from May 12, 2010 to July 30, 2010. BP and McGill later entered into a settlement entitled the Medical Settlement Agreement ("MSA"), which compensates those affected by the spill and clean-up efforts. The MSA provides a "Back-End Litigation Option" ("BELO") for those alleging "Later-Manifested Physical Conditions" ("LMPCs") resulting from their exposure to oil, dispersants, and other substances associated with the spill. On January 4, 2018, McGill filed a BELO lawsuit in the Eastern District of Louisiana alleging serious LMPCs caused by exposure to oil, Corexit EC9500A and Corexit EC9527A dispersants, and other harmful chemicals. McGill states that he is completely disabled. This suit was later transferred to the Southern District of Mississippi. On April 23, 2018, the district court dismissed McGill's claims related to some of his alleged conditions but allowed him to proceed on his claims for seven LMPCs: pneumonia, rhabdomyolysis, chronic obstructive pulmonary disease exacerbation, synobronchial syndrome, acute respiratory failure, status asthmaticus, and folliculitis. McGill designated Dr. Steven Stogner, a pulmonologist, as an expert in his case.

Outcome: It is ORDERED: (1.) The objections are OVERRULED and the Magistrate Judge's Report and Recommendation (ECF No. 733 ) is ADOPTED and incorporated by reference in this Order. (2.) BP's motion to exclude Dr. Elsner (ECF No. 686 ) is GRANTED. (3.) BP's motion to exclude Dr. Freeman (ECF No. 687 ) is GRANTED. (4.) BP's motion to strike (ECF No. 704 ) is GRANTED only to the extent that the Settlement Agreement from the MDL, and the declarations submitted in support thereof, do not establish general causation. (5.) Plaintiffs' motions to exclude BP's experts (ECF Nos. 689 , 690 , 691 , & 692 ) are DENIED AS MOOT. [6.] BP's motion to strike improper expert reports filed as exhibits to Plaintiffs' reply memoranda (ECF No. 722 ) is DENIED AS MOOT. [7.] BP's motion for summary judgment (ECF No. 688 ) is GRANTED. [8.] BP's motion to strike expert declarations filed with Plaintiff's Objections (ECF No 740 ), is GRANTED consistent with this Order. [9.] The Clerk is directed to file a copy of this Order on the Master Docket, and in each of the above-named individual cases, terminate all pending motions, enter judgment in favor of BP, tax costs against Plaintiffs, and close the files. Signed by JUDGE M CASEY RODGERS on 9/30/2024. (djb) (Entered: 09/30/2024)

Plaintiff's Experts:

Defendant's Experts:

Comments: