Benzene Exposure Lawsuit

Overview of Benzene Exposure

Benzene is a colorless or light-yellow liquid chemical that is widely used in industry and found in crude oil, gasoline, and cigarette smoke. Benzene exposure refers to coming into contact with benzene and then suffering adverse health effects as a result.

Benzene Exposure Routes

There are several ways individuals can come into contact with benzene and face potential health risks as a result. These benzene exposure routes include:

• Inhalation: The most common benzene exposure route, especially in industrial settings or areas with high vehicular traffic. Workers in industries such as oil refining, chemical production, and the manufacturing of plastics and rubber are particularly at risk.
• Skin Contact: Direct contact with products containing benzene, such as some types of cleaning products, paints, and varnishes, can lead to absorption through the skin. Although less benzene is absorbed this way compared to inhalation, repeated or prolonged exposure can still pose serious health risks.
• Ingestion: Consuming contaminated water or foods that have been exposed to benzene can also lead to exposure. This route is less common but can occur in areas with industrial pollution affecting water supplies or food chains.
• Environmental Exposure: General population exposure can occur through proximity to gasoline stations, hazardous waste sites, or industrial emissions. Living near such sources can increase the risk of exposure to benzene through both inhalation and, to a lesser extent, dermal contact.

Each of these exposure routes can contribute to the accumulation of benzene in the body, potentially leading to acute and chronic health effects depending on the level and duration of exposure.

Products Containing Benzene

Benzene is found in various products where its presence is well-known and somewhat expected due to its industrial applications. Key products that typically contain benzene include:

• Industrial Solvents: Utilized across several industries, these are employed in the manufacturing of plastics, resins, nylon, and synthetic fibers, and as solvents in the printing, paint, and varnish sectors.
• Gasoline: Benzene is a natural component of petroleum and is found in gasoline, which leads to exposure during refueling and from automobile exhaust.
• Paints and Coatings: Certain types of paints and coatings may contain benzene, particularly those used for industrial applications or older products that were formulated before current regulations limiting benzene content.

Additionally, benzene is found in some everyday use products such as adhesives, cigarettes, detergents, drugs, and pesticides. While these sources are commonly recognized, recent studies have revealed that benzene can also be found in less obvious products, raising concerns about broader exposure risks.

Some of the researched and documented unexpected sources include:

• Sunscreens and After-Sun Products: Independent testing by Valisure and other labs revealed benzene in 69 different brands of sunscreens and after-sun care products, leading to significant recalls. Notably, some products contained benzene levels as high as 2 ppm, well above the FDA-recommended limit of 2 parts per billion (ppb), raising serious concerns about quality control in cosmetic manufacturing​. [1]

• Dry Shampoos: Recent investigations have found benzene in various brands of dry shampoo, with some tests showing benzene levels up to 1600 ppb in air samples collected during usage. These levels are far beyond the EPA's recommended ambient air exposure limit of 0.4 ppb, emphasizing the need for stricter regulatory oversight and quality assurance in the cosmetic industry​. [2]

• Processed Foods: Studies have also detected benzene in certain processed foods, occasionally measuring benzene concentrations that exceed safety guidelines, primarily due to reactions involving certain preservatives under heat or light exposure. For example, soft drinks and other packaged beverages have been found with benzene levels up to 10 ppb, surpassing the EPA's drinking water standard of 5 ppb. [3]

Benzene Exposure in the Workplace

Although the presence of benzene in consumer products is concerning, benzene exposure in the workplace is an even greater hazard. Workers in some industries face daily exposure to higher levels of benzene, which is used extensively due to its effectiveness in various industrial processes.

Some of the industries at high risk of benzene exposure include:

• Oil and Gas Industry: Workers are exposed to benzene when handling crude oil or during the refining process where benzene naturally occurs in petroleum.
• Chemical Manufacturing: Benzene is a key component in the manufacture of plastics, resins, nylon, and synthetic fibers. Employees in these sectors may encounter benzene directly as a solvent or as part of the chemical mixtures.
• Shoe Manufacturing: The use of benzene-containing adhesives is prevalent in this industry, leading to inhalation risks for workers.
• Laboratories: Researchers working with benzene in experiments or testing processes are at risk of inhalation or skin exposure.
• Printing and Pulp Industries: Benzene may be used in solvents for inks and coatings, posing inhalation risks to workers in these environments.

Of course, there are strict regulations and standards established to protect these workers and ensure a safe working environment. For example, OSHA sets permissible exposure limits (PELs) for benzene in the workplace:

• Time-Weighted Average Limit: No employee should be exposed to an airborne concentration of benzene exceeding 1 part per million (ppm) over an 8-hour workday.
• Short-Term Exposure Limit: Exposure should not exceed 5 ppm for any 15-minute period. [4]

To ensure these limits are adhered to, employers must implement effective safety measures such as:

• Engineering Controls: This includes installing and maintaining proper ventilation systems to remove benzene from the air.
• Personal Protective Equipment (PPE): Providing appropriate respirators, gloves, and protective clothing to minimize skin contact and inhalation risks.
• Regular Monitoring and Training: Employers must regularly monitor benzene levels in the workplace and train employees on the risks and the correct use of safety equipment.
• Restricted Access: Limiting access to areas where benzene levels are high only to authorized and properly equipped personnel.

Environmental Exposure to Benzene Outside of Work

Benzene is also a common pollutant found in the air, primarily due to emissions from burning fossil fuels such as gasoline and coal, as well as from industrial discharges. Some of the most common sources of environmental exposure to benzene include:

• Vehicle Emissions: Automobiles are a significant source of benzene in the environment, especially in urban areas with heavy traffic.
• Industrial Emissions: Factories and refineries that use benzene in manufacturing processes can release it into the air.
• Tobacco Smoke: Both smoking and second-hand smoke are considerable sources of benzene exposure.
• Gas Stations: The handling and refueling of gasoline can release benzene vapors into the air, posing a risk at high-traffic refueling locations.
• Household Products: Certain products, such as glues, paints, furniture wax, and detergents, can emit benzene, contributing to indoor air pollution.

Health Impacts of Benzene

As previously mentioned, benzene exposure can have significant effects on the hematological system and a profound impact on the overall health of individuals who are regularly exposed to it.

Immediate Signs and Symptoms of Benzene Exposure

Depending on the concentration and duration of exposure, the immediate signs and symptoms of benzene exposure can present in various forms, each impacting individuals to differing degrees.

Some of the more common signs and symptoms of benzene exposure include:

• Respiratory Issues: Exposure to benzene can lead to respiratory problems, which typically manifest as shortness of breath, a tight sensation in the chest, and in more severe cases, wheezing. These symptoms arise because benzene irritates the mucous membranes in the respiratory tract.
• Skin Irritation: When benzene comes into contact with the skin, it can cause irritation characterized by redness, itching, and dryness. Prolonged exposure may lead to dermatitis, a more severe form of skin irritation that includes swelling, blistering, and cracking.
• Eye Irritation: Benzene vapors are particularly irritating to the eyes. Individuals exposed to benzene may notice their eyes becoming red, watery, and itchy. In extreme cases, the exposure can lead to chemical burns on the cornea, the clear front surface of the eye, which can cause long-term damage if not treated promptly.
• Gastrointestinal Symptoms: Ingesting benzene, though less common, can lead to gastrointestinal distress. Symptoms might include nausea, vomiting, and stomach pain. This can occur in situations where benzene contaminates food or water supplies.
• Neurological Effects: Benzene is a neurotoxic substance that can affect the central nervous system. Initial neurological symptoms include headaches, dizziness, and drowsiness. With higher levels of exposure, individuals may experience even more severe effects such as confusion, loss of consciousness, and in rare cases, seizures.

Long-Term Health Effects of Exposure to Benzene

Chronic exposure to benzene can lead to a range of serious and potentially life-threatening health conditions. The long-term effects of benzene are particularly alarming due to its ability to disrupt the normal function of cells, primarily those involved in the production of blood.

Here are some of the most critical long-term health effects linked to benzene exposure:

• Blood Disorders: Chronic exposure to benzene can result in various blood disorders, such as aplastic anemia, a condition where the bone marrow stops producing sufficient new blood cells.
• Immune System Dysfunction: Long-term exposure to benzene can weaken the immune system, reducing its ability to fight infections and increasing the risk of illness.
• Reproductive Health Issues: Exposure to benzene has been linked to adverse reproductive effects, including irregular menstrual cycles and a decreased size of the ovaries in women, as well as lowered sperm counts in men.

Cancers Caused by Benzene Exposure

As a well-established carcinogen, benzene can lead to the development of several types of cancer, especially with prolonged exposure. The mechanisms by which benzene induces cancer involve its metabolites, which can damage DNA and interfere with cell division.

Some of the cancers associated with long-term benzene exposure include:

• Acute Myeloid Leukemia (AML): Benzene exposure is most strongly linked to leukemia, particularly AML. Benzene's metabolites cause genetic mutations in the bone marrow, leading to the uncontrolled proliferation of abnormal white blood cells​​. [5]
• Acute Lymphocytic Leukemia (ALL): Benzene exposure has also been linked to acute lymphocytic leukemia, a cancer that affects the lymphocytes, another type of white blood cell. This form of leukemia progresses rapidly and requires immediate treatment​​. [6]
• Non-Hodgkin Lymphoma (NHL): Studies have shown an increased risk of NHL among individuals exposed to benzene. This cancer affects the lymphatic system, which is part of the body's immune defense mechanism​​. [7]
• Multiple Myeloma: There is evidence suggesting that benzene exposure can increase the risk of multiple myeloma, a cancer that forms in plasma cells, a type of white blood cell crucial for producing antibodies​. [8]

Legal Aspects of Benzene Exposure

Benzene exposure has been the subject of extensive litigation, primarily focusing on its connection to severe health conditions such as leukemia and other cancers. Here are the different types of legal actions individuals affected by benzene exposure can pursue to address the harm caused by this dangerous chemical.

Types of Benzene Lawsuit Claims

To hold accountable those responsible for the harm caused by benzene exposure, and to secure compensation for medical costs, lost wages, and other damages, individuals affected by benzene exposure can pursue several types of legal claims:

• Personal Injury Claims: Filed by individuals who have developed serious health issues, such as leukemia or other cancers, due to benzene exposure, personal injury claims seek compensation for medical expenses, lost wages, pain and suffering, and other related costs.
• Wrongful Death Lawsuits: Families of individuals who have died as a result of benzene-related illnesses can file wrongful death lawsuits. These claims aim to compensate for the loss of financial support, companionship, and funeral expenses, and hold the responsible parties accountable for their loved one's death.
• Class Action Suits: In some cases, groups of individuals affected by benzene exposure may join together to file class-action lawsuits. These suits can increase the efficiency of legal proceedings and ensure consistent outcomes for all plaintiffs. Class-action suits are often pursued when many people are similarly affected by benzene exposure from a common source, such as a specific workplace or product.
• Product Liability Claims: Consumers exposed to benzene through contaminated products, such as certain sunscreens, dry shampoos, or beverages, can file product liability lawsuits. These claims typically focus on manufacturing defects, failure to warn, and negligence by the product manufacturers.
• Workers' Compensation Claims: Employees exposed to benzene in the workplace may be entitled to workers' compensation benefits. These claims cover medical treatment costs, rehabilitation expenses, and a portion of lost wages due to inability to work.

By pursuing legal action, individuals can not only seek justice for the harm they have suffered but also potentially influence better safety standards and practices to prevent future exposure and protect public health.

Notable Benzene Exposure Lawsuits

Over the years, several high-profile benzene exposure lawsuits have captured the attention of the public and legal communities and highlighted the serious health risks associated with this chemical. In the next section, we will explore some of these notable cases and their implications for workplace safety and environmental regulations.

Occupational Benzene Exposure Lawsuits

• Shell Oil Company Lawsuits: In the early 2000s, multiple lawsuits were filed against Shell Oil Company by former refinery workers who alleged that long-term exposure to benzene caused them to develop leukemia and other serious illnesses. The plaintiffs argued that Shell failed to provide adequate protective measures and did not properly warn them about the dangers of benzene exposure. These cases resulted in substantial settlements for the affected workers.

• ExxonMobil Lawsuit: In 2012, ExxonMobil was sued by the family of a deceased worker who had been exposed to benzene at the company’s Baytown, Texas, refinery. The family claimed that ExxonMobil was aware of the dangers of benzene but failed to take necessary precautions to protect its workers. This case emphasized the ongoing risks in the petrochemical industry and the need for stringent safety measures.

• Goodyear Tire & Rubber Company Lawsuits: Several lawsuits have been filed against Goodyear Tire & Rubber Company by former employees who developed leukemia and other health issues, allegedly due to benzene exposure at the company’s plants. These cases underscore the importance of proper industrial hygiene practices and worker safety protocols in manufacturing settings where benzene is used.

Environmental Benzene Exposure Lawsuits

• BP Products North America Settlement: In 2011, BP Products North America agreed to a $20 million settlement with the US Environmental Protection Agency and the US Department of Justice for violating the Clean Air Act by emitting excessive levels of benzene from its refinery in Texas City, Texas. This settlement was part of a larger effort to enforce stricter controls on benzene emissions to protect public health and the environment.

• Rohm and Haas (Dow Chemical) Case: In 2008, residents living near a former Rohm and Haas (now part of Dow Chemical) facility in McCullom Lake, Illinois, filed a lawsuit alleging that benzene contamination in their water supply caused a cluster of brain tumors and other cancers in the community. This case brought attention to the potential for benzene pollution to impact not just workers but also nearby residents.

Personal Care Brands Named in Benzene Lawsuits

• Johnson & Johnson: In 2023, Johnson & Johnson faced a class-action lawsuit settlement of $1.75 million over its benzene-contaminated sunscreen products. Customers received refunds and vouchers for the purchase price of recalled sunscreens.

• Procter & Gamble: In 2022, Procter & Gamble agreed to pay $8 million in damages to settle a class-action lawsuit over benzene contamination in some of its products, including deodorants and antiperspirants. This lawsuit highlighted the issue of benzene contamination in personal care products and led to widespread recalls.

• Banana Boat Benzene Lawsuit: In 2023, a federal judge partially allowed a class-action lawsuit against Banana Boat to proceed. This lawsuit was filed after benzene was detected in their sunscreen products, raising concerns over the brand's safety and quality control measures.

• Bayer: Bayer faced litigation for benzene contamination in its Tinactin and Lotrimin antifungal sprays. This lawsuit, among others, emphasized the need for rigorous testing and quality control in consumer products to prevent harmful exposure.

Compensation and Settlements

The amount of money that individuals can receive in a benzene exposure lawsuit varies widely. There is no standard amount for settlements or compensation because each case is unique and depends on various factors. To get an idea of the potential compensation range of a benzene lawsuit, let’s have a look at some past settlements and court awards.

Benzene Lawsuit Verdicts and Settlement Amounts

• Chevron Ordered to Pay $21.4 Million for Benzene Exposure: Gary and Randy Eaves, two brothers working at a Chevron-owned tire factory in Arkansas, were awarded $21.4 million by a California jury after developing cancers linked to benzene exposure. The jury found that Chevron, through its acquisition of Unocal, failed to provide adequate warnings and safety measures, leading to the brothers' illnesses.

• US Steel Faced $824,000 Verdict for Benzene Exposure: In Philadelphia, a state court jury awarded $824,000 to Louis DeSorbo, who developed acute myeloid leukemia after being exposed to benzene in printing solvents manufactured by U.S. Steel. The case highlighted US Steel's failure to warn about the carcinogenic risks of benzene, despite knowing its hazards as early as 1967.

• A $1.5 Million Settlement for Tanker Pump Man: A lawsuit settled in 2000 awarded $1.5 million to the widow of a pump man who had worked aboard various tankers in the 1970s and 1980s. The decedent was exposed to benzene during his tenure and was diagnosed with acute myelogenous leukemia in 1994, about 15 years after his last known exposure.

• Lithographic Printer Settled for $90,000: In 2015, a lithographic printer who had worked for 33 years, handling various benzene-containing products, settled a lawsuit for $90,000 after being diagnosed with diffuse large B-cell lymphoma. This settlement was part of broader litigation involving multiple cases where benzene exposure had been linked to serious health conditions.

• $8 Million Verdict for Veteran Seaman Exposed to Benzene at Sabine Towing: After a 39-year career at Sabine Towing, a veteran seaman was awarded an $8 million verdict due to his development of acute myelogenous leukemia, a result of prolonged exposure to benzene and benzene-containing products. Throughout his tenure, he ascended from a seaman to a master, facing increasing risks as his responsibilities grew, exposing him to harmful chemicals.

• Gas Station Attendant Settled Benzene Leukemia Claim for $750,000: In 2009, a significant $750,000 settlement was reached for a former gas station attendant who had worked from 1965 to 1978, frequently handling benzene-containing products. Diagnosed with leukemia decades later in 2009, his case highlighted the severe long-term health risks associated with benzene exposure in the workplace.

Preventing Further Exposure

Having already explored the risks and serious health impacts of benzene exposure, we can now shift our focus toward preventive measures that can shield individuals from the dangers of this harmful chemical.

There are several approaches to minimizing exposure, each tailored to different environments.

Using the proper personal protective equipment (PPE) is essential for those who face the risk of benzene exposure in occupational settings, such as industrial plants or laboratories.

This includes using respirators, protective clothing, and gloves designed to block benzene absorption. Furthermore, implementing stringent workplace safety protocols, like regular air quality checks and controlled access to high-exposure areas, is also crucial. Employers must also enforce these measures consistently to ensure worker safety.

That said, it is also important to protect yourself while at your home.

Avoid using products that contain benzene, such as certain adhesives, paints, and harmful cleaning products. Ensuring that your living space is well-ventilated can also prevent the accumulation of harmful fumes.

For instance, using exhaust fans in areas prone to chemical exposure and checking the integrity of indoor air systems can play a pivotal role in safeguarding residential environments.

Finally, on a personal level, you need to be careful when selecting self-care products. Be sure to examine product labels for benzene and its derivatives, especially in common items like toiletries and cosmetics.

Opting for benzene-free alternatives contributes not only to personal health but also assists in promoting safer product standards industry-wide.

By embracing these tailored strategies, we can effectively control and minimize benzene exposure, safeguarding health and enhancing well-being across various environments.