An Alabama federal court has dismissed a Benzene case (Case 3:12-cv-01873-CLS) made against the Tennessee Valley Authority, after determining that they were barred by the Federal Employee’s Compensation Act. The plaintiff, Cynthia Osborn, had filed the suit on behalf of her deceased husband, Michael Osborn, who—according to the suit—had been exposed to Benzene while being employed by the Tennessee Valley Authority.
Osborn accused the corporation of negligence, strict liability, and loss of consortium. Ultimately, though, the court sided with the defendants, who argued that the FECA is an “exclusive liability provision,” barring the plaintiff from seeking additional means of compensation as a result of her husband’s death.
Tennessee Valley Authority also argued that Alabama’s wrongful death statute does not apply to them, because they area quasi-governmental agency of the United States. Furthermore, the defendant pointed out that Mrs. Osborn filed her claim after the statute of limitations had already expired.
The outcome is unfortunate, Benzene is a highly dangerous chemical, which has been known for decades to contain deadly carcinogens. Workers exposed to Benzene face the potential of developing numerous terminal diseases, including blood disorders, bladder cancer, damage to the central nervous system, lung cancer and more. Many forms of leukemia can also present themselves.
The Benzene lawyers at Nadrich & Cohen have been defending victims in similar cases for years, and we have seen just how devastating the impact of prolonged benzene exposure can be. Individuals who work in adhesive manufacturing, steel working, shoe manufacturing, newsprint, and even firefighting are potentially at risk, due to the amount of Benzene involved in the day-to-day operations of these industries.
Have your or someone you love experienced a debilitating or life-threatening disease after prolonged exposure to benzene? If so, you may be entitled to compensation for your medical costs, pain, suffering, and lost quality of life. Call the Law Offices of Nadrich & Cohen today at 1-800-722-0765. We are contingency lawyers, and we don’t require you to pay if we don’t win your case.
It’s very important that you act quickly. As this case demonstrates, there are statutes of limitations on these kinds of cases, and failure to act in a timely manner can severely hurt your case. So don’t hesitate another moment. Give us a call today.
By Jeffrey Nadrich