Former Florida Plant Workers Waiting for Compensation for Beryllium Injuries
TALLEVAST, FL — October 29, 2004 — Former employees of the American Beryllium Company in Tallevast are waiting for compensation for their injuries from beryllium. Although 144 of these workers filed claims under a federal program for beryllium victims and nuclear energy workers, only one had received payment as of the end of September, according to the Brandenton Herald (October 3, 2004). Some filed claims in early August, many filed well before that time. More claims are expected because beryllium–related diseases can take decades to develop.
Normal processing of a claim is supposed to take about 45 days. However, each time federal agencies request more information, a new 30–day cycle begins. In the four years since the federal program was created, the Department of Energy (DOE) has paid just 31 of the 25,000 claims filed for illnesses by nuclear and atomic energy workers (Casper Star Tribune, October 26, 2004; Government Accountability Project, October 9, 2004). The Department of Labor, which also handled claims, has a better record, paying out $927 million in benefits as of October 21, 2004 (see Department of Labor Program Statistics page for the latest figures). Out of 59,390 claims, it approved 14,549, and denied 23,591.The claims approval process is “aggravating, slow, and involves many requests for additional information,” according to comments Tallevast plant workers have made to the Brandenton Herald. Some have found it difficult to even prove that they were employees of the American Beryllium Company. The Herald points to the case of 77–year–old Richard Deutsch, who says that he worked for the company from 1959 to 1975, and sent a 15–year service award letter to prove it. Although the document was signed by the president of American Beryllium, Mr. Deutsch must provide additional information and wait for a search of his Social Security records, according to the newspaper. It also reported on the problems faced by 61–year–old Lee Hatt, a process engineer, who claims that he worked on top–secret projects at the Tallevast plant between 1980 and 1991.
High Levels of Beryllium at the Tallevast Plant
The Tallevast plant operated 24 hours a day from 1961 until it closed in 1996. Although the American Beryllium Company tested air samples for beryllium levels in the 1970s, it did not forward results to the Occupational Safety and Health Administration (OSHA). After inspecting the plant in the 1970s and in the early 1980s, OSHA levied some minor fines, but did no further inspections. Lockheed Martin found very high levels of beryllium when it purchased the plant in 1996.
The Tallevast workers were likely exposed to beryllium levels that exceeded the OSHA legal limits of 2.0 micrograms per cubic meter during an 8–hour shift. Even this legal limit is not adequate to protect workers from beryllium–related diseases, as there is no known safe level of beryllium exposure (OSHA Hazard Information Bulletin, September 2, 1999).
Chronic Beryllium Disease or Berylliosis Is Painful
Contact with beryllium can cause chronic beryllium disease or berylliosis, a painful scarring of the lung tissue that leads to shortness of breath and chest pain. The disease greatly limits life activities and may eventually stress the heart. There is no known cure for berylliosis, although taking steroids such as prednisone may ease the symptoms.
Berylliosis begins as an allergic reaction to beryllium. A worker may develop signs of berylliosis anywhere from several months to 40 years after initial exposure. We can expect some employees of the Tallevast plant to show their first berylliosis symptoms in the coming years. Still others may have already contracted the disease.
Federal Compensation for Victims of Beryllium Exposure
The Energy Employees Occupational Illness Compensation Program Act (EEOICP) provides a $150,000 lump sum to certain nuclear workers such as those employed at the Tallevast plant who developed berylliosis or chronic beryllium disease. Surviving family members may receive the $150,000 lump sum if the worker is deceased. A worker or family member who claims the $150,000 lump sum loses the right to a jury trial for an injury caused by beryllium exposure.
The EEOICP was amended this month to require the Department of Labor to process all program claims. The DOE will no longer be involved in claims processing, but will continue to provide the Department of Labor with employment, facility, and medical records. Some leaders feel that this amendment will speed up the processing of claims.
Should You Choose the EEOICP Government Program?
At Brayton Purcell, we have found that jury verdicts or settlements in chronic beryllium disease cases often greatly exceed the $150,000 that the government program may provide to beryllium workers and their families. This lump sum amount may be inadequate compensation for medical expenses, pain, and suffering, and for ensuring a decent quality of life.
If you have been diagnosed with chronic beryllium disease, we suggest that you consider your long–term health needs and the welfare of your family before choosing the government program. Please feel free to contact us if you would like to explore your legal options. We have been handling beryllium litigation since the 1980s, and are well–known and respected in this field.