Buzbee Law Firm: Transocean/BP Explosion

TRANSOCEAN/BP OIL RIG ACCIDENT AND EXPLOSION
GULF OF MEXICO
APRIL 20, 2010

For more information, see our blogs at www.gulfoilspillfirm.com and www.rigexplosionfirm.com.

In the past, the Buzbee Law Firm has:

Recovered from Transocean on behalf of a group of offshore drilling workers.
Obtained a significant verdict against Halliburton, and others, for the death of an offshore worker.
Obtained a record-setting punitive damages verdict against BP, for a group of refinery workers.
Represented Spain's Basque government to bring claims against a U.S. classification society, related to the sinking of the Prestige oil tanker and resulting catastrophic oil spill in the Bay of Biscay. This was the largest oil spill in Spain's history. .

The Buzbee Law Firm has been involved in the Deepwater Horizon matter from the beginning (for up to date news stories, click here):

July 21, 2010. Buzbee interviewed by KPRC Houston. See video here.

July 7, 2010. Buzbee and clients interviewed as part of extensive BBC documentary on the Deepwater Horizon explosion. See video here.

June 10, 2010. Mother Jones profiles Buzbee and a key witness statement showing that Transocean knew of problems before explosion. See story here.

June 10, 2010. Buzbee appears on Fox News. See interview here.

June 7, 2010. Buzbee appears on ABC News. See interview here.

May 28/29, 2010. Buzbee clients provide key information to Coast Guard/MMS investigators. See stories here and here.

May 21, 2010. Business Insider calls Buzbee, "BP and Transocean's Worst Nightmare." See story here.

May 21, 2010. UK's the Guardian Newspaper story on Buzbee and Buzbee's Client's Detailed Account of Incident. See story here.

May 14, 2010. AP quotes Buzbee on BP's possible "phantom test" for gas leaks. See story here.

May 11, 2010. Buzbee and clients on ABC News Nightline.

May 7, 2010. Buzbee on Good Morning America, and ABC Nightline. Click here for the story from ABC. Also, this story has now been covered worldwide: Australia, Germany, France, Austria and Switzerland.

May 7-9, 2010. In the following news stories, from the around the world, Buzbee Law Firm clients describe events before and after Deepwater Horizon explosion (click the name of the story to link to story):

• New York Times, "Workers on Oil Rig Recall a Terrible Night of Blasts," May 8, 2010.

• AP, "Inferno on the Gulf: Witnesses recount rig blast," May 9, 2010.

• BBC News, "Oil workers describe methane 'explosion' on Gulf Rig," May 8, 2010.

• Times of London, "Panic as crew fought for lifeboats in rig blast," May 9, 2010.

• ABC News, "People Were Jumping Off the Side," May 7, 2010.

• The Australian, "No warning of US oil rig blast - survivors," May 8, 2010.

For more information, see www.rigexplosionfirm.com or our news page here.

Basic Facts:

On April 20, 2010, the Deepwater Horizon, an offshore drilling rig owned by Transocean Limited, exploded with at least 126 people onboard. The Deepwater Horizon is a type of vessel known as a semi-submersible rig. At the time of the explosion, the rig was actively drilling but was not in production according to a spokesman for Transocean Ltd. The rig was under contract to British Petroleum PLC (“BP”).

While some of the offshore workers escaped the blast, many were injured and 11 are missing and presumed dead. The Buzbee Law Firm represents 18 of those injured on the rig.

The explosion occurred in the Gulf of Mexico about 52 miles southeast of Venice, Louisiana, left the rig burning and in flames. Ultimately, the rig collapsed into the sea.

Firm History:

The Buzbee Law Firm has handled more Jones Act and offshore drilling lawsuits than any active firm in the State of Texas. The firm has been very successful. The firm has the highest verdicts ever entered in Galveston for an offshore injury suit, the highest verdict ever entered against BP, and the highest verdict ever obtained in both state and federal court in Galveston. The Buzbee Firm also obtained the 18th highest verdict in the entire United States in 2009.

The Buzbee Law Firm has represented hundreds of injured offshore workers, including several with claims against Transocean. Tony Buzbee sued and relentlessly pursued every active drilling contractor in the United States, successfully concluding a unique class action lawsuit on behalf of offshore workers relating to wage fixing by offshore employers. That case resulted in a $75 million settlement (details can be found here). The Buzbee Law Firm recently obtained a significant punitives damages verdict against BP, in a Galveston federal court, and has represented hundreds of injured workers with claims against BP.

For news stories on the Buzbee Law Firm's successes in handling offshore accident claims, and against Transocean and BP, see the news page which can be found here.

Not surprisingly, The Buzbee Law Firm was one of the first law firms to file a lawsuit on behalf of six men injured on the Deepwater Horizon. Those lawsuits can be found here:

Causes of the Explosion:

It is already clear that a series of human errors and mechanical failure led to the explosion. Some of the possible causes include:

Cementing:

Cementing is a process that is supposed to prevent oil and natural gas from escaping by filling gaps between the outside of the well pipe and the inside of the hole bored into the ocean floor. Cement, pumped down the well from the drilling rig, is also used to plug wells after they have been abandoned or when drilling has finished but production hasn't begun.

In the case of the Deepwater Horizon, workers had finished pumping cement to fill the space between the pipe and the sides of the hole and had begun temporarily plugging the well with cement; the cement job was finished, and pressure testing occurred. Despite there being problems with the pressure testing, Transocean and BP chose to continue displacing the mud, as if the cement job had been successful. This was a grave error. For cementing to be effective, the right mix must be used, and the cement must have time to harden. Naturally, the decision to displace the cement is ultimately made by the company--in this case, BP. Because BP was paying $500,000 daily to lease the rig, naturally there is incentive to rush the job. If the cement mix was inadequate, or if insufficient time was given for it to harden, Halliburton (the company that performed the cementing) and BP (the company for whom Transocean was working) will have major liability.

Blow Out Preventor:

A blowout preventer (BOP) is a large valve that can seal off at the surface wellhead a well being drilled or worked over. During drilling or well interventions, the valve may be closed if pressure from an underground formation causes fluids such as oil or natural gas to enter the wellbore and threaten the rig. By closing this valve (usually operated remotely via hydraulic actuators), the drilling crew can prevent undesired fluid flow, thus regaining control of the wellbore. Once this is accomplished, often the drilling mud density within the hole can be increased until adequate fluid pressure is placed on the influx zone, and the BOP can be opened for operations to resume. In this case, we know that the blow out preventer failed to operate. We also know that the BOP had been altered, but BP instructed and paid for the modifications. Because this safety device failed, the manufacturer (Cameron out of Houston, Texas) will likely have major liability, as will BP.

Drilling Operations--Human Error:

The Deepwater Horizon was owned by Transocean, which is headquartered in Houston. The Deepwater Horizon is what is considered a "vessel" under admiralty law. All of the individuals aboard the Deepwater Horizon are considered Jones Act seaman, protected by federal law--meaning that Transocean owes a duty to maintain a safe workplace and a "seaworthy vessel," and other federal duties. According to eyewitnesses, prior to the pressure "kick," no alarms sounded. This lack of warning is likely one of the reasons individuals were not able to evacuate the rig floor prior to the ignition. Other anecdotal evidence is being investigated. Under admiralty law, a vessel that sinks is presumed unseaworthy, meaning the rig operator is liable for the injuries caused. Obviously, Transocean faces major liability for the explosion and ultimate sinking of the Deepwater Horizon. Transocean will also face liability for the resulting oil spill.

BP Exploration and Production:

BP leased the Deepwater Horizon from Transocean, and it was Transocean personnel who were drilling BP's field. BP as the "company" had ultimate control over the rig. Under federal law, BP is responsible for its own negligent decision made with regard to cementing, geologic information, and drilling, and, with regard to any pollution that occurs, is responsible regardless whether BP was negligent or not. In light of the human and environmental costs, BP will face major liability for the explosion. In light of BP's history of problems both offshore and in the refinery context, BP's conduct will be under the spotlight for some time to come.

Going forward:

Most blowouts that occur offshore historically are the result of a cementing issue, or a BOP failure. Unfortunately, because the Deepwater Horizon now is under the ocean, in 5,000 feet of water, proof in this case will require retention of the best experts, and expenditures of many hundreds of thousands of dollars. No doubt, this case will go on for a many years, and will require thousands of hours of attorney work. BP and the other defendants have almost unlimited resources, and can hire as many attorneys as it takes to fight the case. It is imperative that the firm you hire can match BP and the other defendants in both money, staff, and staying power. BP and the other defendants already have an army of attorneys lined up to defend them. Now is not the time to hire a solo practitioner, or someone who you find in a phone book, or who cold called you. It is imperative that you look beyond the slick ads, and fancy websites, and hire someone who has gotten results time and again. Importantly, ask how many cases the attorney has tried, and what history he or she has with BP, Transocean and other defendants . When you ask these hard questions, The Buzbee Law Firm is clearly the best choice.

Routinely, many days after a traumatic event such as this one, workers notice for the first time issues such as sore necks or backs, or other injuries not previously noticed due to the stress of the situation. When these problems manifest themselves, it is important to act quickly. Every day you wait to report an injury makes it that more difficult to prove. However, so long as it is a legitimate injury, it simply is never too late to seek treatment for your injuries and to seek compensation from the negligent parties who caused your injuries. If you need assistance choosing a doctor, The Buzbee Law Firm can provide referrals to some of the best doctors in the Gulf South and will work with you to make sure that the company, not you, pay the medical bills for this treatment.

The Buzbee Law Firm has already retained several experts to assist in collection of evidence and determination of the cause of the explosion. We want to help you. The first consultation with the firm is always free; further, the firm will represent you on a contingency basis--meaning if you don't get money from the liable parties, you owe the firm no fee. Finally, if the firm decides to take your case, and you are unable to work, the firm frequently provides advances for living expenses and other necessities during the pendency of the case. Call or email the firm today.

ALERT--TRANSOCEAN SEEKS TO LIMIT ITS LIABILITY: Today, The Buzbee Law Firm was contacted by a Houston defense firm who indicated that Transocean will seek to limit its liability from the explosion to only $27 million. The Buzbee Law Firm has confirmed that the papers to were indeed filed in Houston Federal Court, and will be handled by Federal Judge Ellison.

This ridiculous legal maneuver is an attempt by Transocean to take advantage of a little known, arcane law that allows a ship owner to limit its liability in a lawsuit to the value of the vessel--after the accident. In this case, according to Transocean, the rig on the bottom of the ocean has zero value. However, the contracts that Transocean has with BP is worth about $27 million. Thus, Transocean's legal papers claim that regardless how many were injured or killed, Transocean, at the end of the day, is only responsible for damages of $27 million total--even though we know that less than two weeks ago Transocean received more than $400 million from its own insurance company.

The Buzbee Law Firm, on behalf of its clients, will fight Transocean to prevent this legal effort. It is imperative for those injured or affected to immediately retain counsel to make a claim on the limitation fund, and be able to fight this dispecable legal maneuver by Transocean.