BP fund begins payouts to Gulf spill victims
By Kluger, Kaplan, Silverman, Katzen & Levine, P.L. August 24, 2011
Things are moving along in the BP Oil Spill aftermath. From today’s Business Spectator.
Full story may be found here.
NEW YORK- BP has paid out more than $US5 billion to 204,434 victims of last year’s massive Gulf of Mexico oil spill, fund administrator Kenneth Feinberg said.
The payouts amount to roughly 25 per cent of the $US20 billion fund, known as the Gulf Coast Claims Facility, which was set up a year ago following the April 2010 spill.
So far, 947,892 claims have been filed from all 50 US states and residents of 36 countries. Nearly all of the successful claimants come from four states: Florida, Louisiana, Alabama and Mississippi.
“I point with pride to the progress we’ve made in the past year,” Mr Feinberg said via telephone in a news conference. “We are doing exactly what the (Obama) administration and BP intended when the fund was set up.”
In addition to the $US5 billion paid to claimants, the fund has spent another $US1.7 billion on cleanup efforts, government claims and other expenses, Mr Feinberg said.
While the fund touts its work, Mr Feinberg and BP face persistent criticism from individuals, several state attorneys general and community groups who believe payouts are being made too slowly and that some spill victims with valid claims are being turned away.
Critics also contend that the fund is pressuring claimants to accept small amounts now, in exchange for their agreement not to sue BP and its partners later for more.
Mr Feinberg acknowledged problems. “The program is not perfect, but we have made improvements and will continue to fine-tune it going forward,” he said.
Lawyers handling litigation for hundreds of individuals and businesses in the federal court in New Orleans say victims might be better-served by suing BP and its partners.
In a July 25 court filing, they asked presiding US District Judge Carl Barbier to appoint a special master to oversee the BP fund’s activities, saying the claims process violates the federal Oil Pollution Act.
In July, Mississippi Attorney General Jim Hood sued Mr Feinberg to force the release of documents filed by claimants in that state. Hood said he wants to ensure that claimants are being compensated fairly. Private parties have filed several other lawsuits against Mr Feinberg and the fund.
Feinberg defends fund
BP and Mr Feinberg say the Gulf Coast Claims Facility’s activities comply with the law. In an August 18 court filing, Mr Feinberg said federal courts have no power to oversee the claims process, and that a special master would cause “confusion and delay.”
“Any reasonable, objective person genuinely interested in the welfare of those damaged by the spill would acknowledge and commend the extraordinary scope and speed of (the fund’s) accomplishments,” Mr Feinberg said.
Anthony Buzbee, a Houston-based lawyer not among those calling for a special master, says he has settled 18 of 19 personal injury claims filed with the fund, for an average of $US5 million each. He says he has also settled several hotel claims for more than $US5 million each, and has 12,000 other pending claims for clients, including shrimpers, oystermen and property owners.
Mr Barbier has set a February 2012 trial date for those pursuing lawsuits against BP and other defendants. This date also covers a lawsuit against BP by the US Department of Justice alleging civil violations for environmental damage.