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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

WILLIAM EARL DELOY CIVIL ACTION NO.

Plaintiff,

VERSUS

JUDGE BARBIER

BP EXPLORATION & PRODUCTION, MAG. JUDGE WILKINSON

INC. AND BP AMERICA PRODUCTION

COMPANY 

Defendants.

Related to: 12-968 BELO

in MDL No. 2179

BELO COMPLAINT 

COMES NOW, Plaintiff, WILLIAM EARL DELOY, by and through the undersigned 

counsel, hereby brings this cause of action against BP Exploration & Production, Inc. (“BP 

Exploration”) and BP America Production Company (“BP America”) and hereby states as follows:

INTRODUCTION

1. Plaintiff is a Natural Person of the age of majority, and a citizen and resident of Panama 

City in Bay county, FL and a Clean-up Worker as defined by the Medical Settlement Agreement 

(“MSA”).

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2. Pursuant to the terms of the MSA, Defendants herein are BP EXPLORATION & 

PRODUCTION, INC., and BP AMERICA PRODUCTION COMPANY (collectively “BP 

Defendants”). BP Defendants are both incorporated in Delaware with the principal place of business 

in Houston, Texas. 

1 Deepwater Horizon Medical Benefits Class Action Settlement Agreement, as Amended on May 1, 2012, MDL 

2179, Rec. Doc. 6427-1 (May 3, 2012), § II.Q.

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JURISDICTION

3. This is a Back-End Litigation Option lawsuit (“BELO”) for Later Manifested Physical 

Conditions (“LMPC”) filed pursuant to the terms and requirements of the MSA. 

4. This Court has jurisdiction over this matter pursuant to 28, U.S.C. § 1332, because all of 

the parties are diverse in citizenship and the amount in controversy exceeds $75,000, exclusive of 

interest and costs. 

5. Additionally, this Court has Jurisdiction based on Federal Question under 28 U.S.C. §1331, 

in that Article III, Section 2 of the United States Constitution empowers the federal judiciary to 

hear “all cases of admiralty and maritime jurisdiction”. 

6. This Court also has jurisdiction pursuant to 28 U.S.C. §1333; as well as the Admiralty 

Extension Act, 46 U.S.C. § 30101, which extends the admiralty and maritime jurisdiction of the 

United States to “cases of injury or damage, to person or property, caused by a vessel on navigable 

waters, even though the injury or damage is done or consummated on land.” 

7. The Eastern District of Louisiana has and retains jurisdiction pursuant to the MSA and 

approval order thereon. “[T]he [c]ourt retains continuing and exclusive jurisdiction over the 

Parties, the Medical Benefits Settlement Class Members and this Medical Benefits Class` Action 

Settlement Agreement, to interpret, implement, administer and enforce the Medical Benefits Class 

Action Settlement Agreement in accordance with its terms.” (MDL Rec. Doc. No. 8218 (approval 

order), MDL Rec. Doc. No. 6427-1 (MSA § XXVII); see also, MDL Rec. Doc. No. 14099 (BELO 

CMO)). 

8. The MSA in MDL 2179 requires all such BELO actions to be initially filed in this Court. 

The MSA, however, also provides that a BELO action may be later transferred to another district 

court if venue is more appropriate there. MSA, § VIII.G.1.c. 

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9. BP Defendants are both corporate citizens of Delaware, with their principal place of 

business in Houston, Texas, and are not citizens of the state in which the Plaintiff currently resides. 

10. Plaintiff has complied with all requirements for timeliness and seeks to recover for all 

damages allowable under the MSA for LMPCs suffered as a result of the Deepwater Horizon Oil 

Spill (“Oil Spill”).

11. The Northern District of Florida is the most appropriate venue. Plaintiff worked in the 

Northern District of Florida, when he was first exposed. Plaintiff’s current place of residence is in

Panama City, FL 32401 located in the Northern District of Florida. Additionally, Plaintiff’s

witnesses and other relevant sources of proof are also located in the same district. Considering the

relative ease of access to sources of proof, the ability to secure attendance of witnesses, and the 

ability to minimize costs of witnesses make the appropriate venue for this cause of action the 

Northern District of Florida.

GENERAL FACTS

12. The BP Oil Spill occurred with the blowout of the Macondo Well which was drilled by the 

Deepwater Horizon Rig (DHR) on the outer continental shelf in the Gulf of Mexico, approximately 

130 miles southeast of New Orleans, Louisiana.

13. The explosions and fire on board the DHR occurred on or about April 20, 2010.

14. Crude oil and other hydrocarbons were released following the explosion that contained 

benzene and other volatile organic compounds such as ethylbenzene, toluene, xylene and 

naphthalene, polycyclic aromatic hydrocarbons (“PAHs”), diesel fumes and heavy metals such as 

aluminum, cadmium, nickel, lead, and zinc.

15. Crude oil, specifically, contains chemicals such as benzene, PAHs, and many other 

chemicals that are toxic, and move from the oil into the air. Once airborne, these chemicals, with 

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pungent petroleum like odors, can blow over the ocean for miles, reaching communities far from 

the location of the Oil Spill.

16. Subsequently, response activities were performed by clean-up workers under the direction 

of Unified Command.

17. As part of the response activities, BP Defendants purchased highly noxious chemical 

dispersants from Nalco and/or its subsidiaries which were sprayed over large areas that contained 

oil. These dispersants include Corexit® EC9500A and Corexit® EC9527A (collectively referred 

to as “Dispersants”).

18. The Material Safety Data Sheet (“Data Sheet”)2for Corexit EC9500 indicates that it 

contains hazardous substances; it is harmful to human health; and that dermal exposure, inhalation, 

and ingestion should be avoided. The Data Sheet further states that Corexit® EC9500 is an eye 

and skin irritant, and may irritate the respiratory tract if inhaled. If ingested, it may cause chemical 

pneumonia.

19. The Data Sheet for Corexit® EC9527A also indicates that it contains hazardous 

substances; it is harmful to human health; and that dermal exposure, inhalation, and ingestion 

should be avoided. The Data Sheet further states that Corexit® EC9527A is an eye and skin irritant; 

and if inhaled, may irritate the respiratory tract. If ingested, it may cause liver and kidney effects 

and/or damage, or irritate the gastrointestinal tract. Acute exposure may cause adverse central 

nervous system effects, nausea, vomiting, and anesthetic or narcotic effects.

20. In addition, Corexit® EC9527A contains 2-butoxyethanol (“EGBE”). Repeated or 

excessive exposure to EGBE may cause injury to red blood cells, the kidneys, and the liver. EGBE 

may be carcinogenic to humans. It is an eye, nose, and throat irritant. It can cause nausea, vomiting, 

diarrhea, and abdominal pain. Exposure to EGBE can also cause headaches, dizziness, 

2 A form that sets forth the properties of a particular substance, including its toxicity and health effects.

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lightheadedness, and unconsciousness. Exposure to EGBE can damage a developing fetus, and 

chronic exposure may result in damage to the male and female reproductive systems in animals.

21. Both Dispersants also contain non-specified organic sulfonic acid salt, which is 

“moderately toxic,” as well as propylene glycol, a chemical with solvent properties. Propylene 

glycol is a mild irritant, and exposure to high levels of propylene glycol and mists containing this 

chemical can cause eye, nose, throat, and lung irritation. Some individuals are allergic to propylene 

glycol and those with eczema may be at higher risk. Exposure may cause erythema, edema, 

induration, and other skin problems.

22. Plaintiff incorporates by reference and adopts as if set forth herein the Medical Class 

Action Complaint previously filed in In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the 

Gulf of Mexico, on April 20, 2010 in the U.S. District Court for the Eastern District of Louisiana, 

as of April 16, 2012, in Civil Action No. 12-cv-968.3

CAUSE OF ACTION

23. During all relevant times, Plaintiff was a Clean-up Worker from approximately June 2010

to August 2010. Plaintiff was employed under the Vessel of Opportunity (“VoO) program by Greg 

Abrams Seafood Inc and other boat owners.

24. Plaintiff submitted a claim for a Specified Physical Condition (SPC0014753) and was 

approved as a Class Member4, receiving a(n) A1 level determination for a condition not being 

claimed in this BELO Complaint.

25. Plaintiff performed Response Activities, as defined by the MSA.5 As a Clean-up Worker, 

Plaintiff performed VoO work. As a Clean-up Worker, Plaintiff was exposed through inhalation, 

airborne and direct contact to oil, dispersants, and other harmful chemicals. Plaintiff was exposed 

3 Medical Class Action Complaint, No. 12-cv-968, Rec. Doc. 1. 

4 MSA, § II.EEE.

5 MSA, § II.OOOO.

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to the oil, dispersants, and other harmful chemicals throughout the duration of his time as a Cleanup Worker as a result of the Oil Spill.

26. On more than one occasion, Plaintiff was also exposed to oil, Dispersants, and harmful 

chemicals when his eyes, nose, mouth, and skin were exposed by the lack of proper protective 

gear.

27. After his exposure to the oil, dispersants, and other harmful chemicals, Plaintiff suffered 

permanent injuries and was first diagnosed with Prostatic Adenocarcinoma on July 14, 2014 

28. On or about November 1, 2019, Plaintiff was issued a valid Notice of Intent to Sue (LMPC

1373660).6

29. On or about December 6, 2019, Plaintiff received BP Defendants’ Notice of Election Not

To Mediate. See Exhibit A.

30. This Complaint has been timely filed within the requisite six (6) month period from the 

date of BP Defendants’ notice.

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31. Plaintiff’s permanent injuries and LMPCs were legally and proximately caused by 

exposure to oil, dispersants and other harmful chemicals from the Oil Spill. 

32. BP Defendants are therefore liable under state and federal law and in accordance with the

terms of the MSA.

33. Plaintiff, WILLIAM EARL DELOY, itemizes his damages as follows:

a. Pain and suffering;

b. Mental anguish;

c. Medical expenses;

d. Lost earnings;

e. Loss of earning capacity;

f. Other economic loss; 

g. Loss of enjoyment of life; and

h. Fear of future medical issues. 

6 MSA, § VIII.A.

7 MSA, § VIII.G(1)(b).

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Moreover, Plaintiff seeks any and all damages or relief that this Honorable Court deems 

just and proper.

34. Plaintiff requests a trial by jury.

WHEREFORE, Plaintiff prays that the Defendants by duly cited to appear and answer this 

Complaint and that this Honorable Court grant Plaintiff relief to which he is entitled to under the 

law and against BP Defendants, including court costs and compensatory damages.

Respectfully Submitted,

THE DOWNS LAW GROUP, P.A.

/s/ Nathan L. Nelson

NATHAN L. NELSON, FL BAR#1002523 

GABRIEL HAWA, FL BAR#1003005 

3250 Mary Street, Suite 307 

Coconut Grove Florida 33133 

(305)-444- 8226 Telephone 

(305)-444-6773 Facsimile 

nnelson@downslawgroup.com; 

ghawa@downslawgroup.com

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CERTIFICATE OF SERVICE 

This is to certify that a true and correct going of the foregoing instrument was filed with 

the Clerk of Court by using the CM/ECF system. Notice of this filing will be sent to all counsel of 

record registered to receive electronic service by operation of the Court’s electronic filing system.

Dated this 4th day of June 2020

 /s/ Nathan L. Nelson

Nathan L. Nelson, Esq.

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