A Philadelphia jury awarded $725.5 million against ExxonMobil to a former mechanic with leukemia. Paul Gill alleged that benzene in ExxonMobil gasoline and solvents caused his acute myeloid leukemia. Reuters reported the verdict on May 10, 2024.
The case is Gill v. ExxonMobil, in the Philadelphia Court of Common Pleas. His wife, Diane Gill, is also a plaintiff. Gill filed the lawsuit in 2020.
The trial court upheld the verdict in September 2024 and added delay damages. ExxonMobil then appealed to the Pennsylvania Superior Court, and no MDL has been formed.
- Case or litigation name: Gill v. ExxonMobil (Paul Gill and Diane Gill v. ExxonMobil et al.)
- Defendants: ExxonMobil
- Court and docket number, when available: Philadelphia Court of Common Pleas, Case ID 200501803 (case caption)
- MDL number, judge, and case count, when an MDL exists: No MDL
- Filing date: 2020
- Main allegations: Alleged failure to warn about the benzene risk in ExxonMobil gasoline and solvents, alleged to have caused acute myeloid leukemia
- Products or people involved: Paul Gill, a former mechanic, and his wife Diane Gill; ExxonMobil (Mobil) gasoline and solvents
Table Of Contents
Latest Philadelphia Benzene Lawsuit Updates
September 13, 2024: Court Denies Post-Trial Motions and Adds Delay Damages
The Philadelphia Court of Common Pleas denied post-trial motions from Exxon on September 12, 2024. A September 13 order added more than $90 million in delay damages and molded the verdict to $815,833,561.65, HarrisMartin reported [1].
After the Philadelphia judge denied its challenge to the verdict in September, the company appealed to the Pennsylvania Superior Court, the Philadelphia Inquirer reported [2].
May 10, 2024: Jury Returns Verdict Against ExxonMobil
Reuters reported that a Philadelphia jury ordered ExxonMobil to pay $725.5 million to former mechanic Paul Gill in a 10-2 verdict [3].
The jury found the company negligently failed to warn about the health risks of benzene. An ExxonMobil spokesperson called the verdict “irrational” and said the company planned to “exhaust all available appeals.”
What Is Benzene?
Benzene is a liquid at room temperature with no color or a light-yellow color, according to the CDC fact sheet. It is a natural part of crude oil, gasoline and cigarette smoke [4].
Gasoline is the product named in the Gill case. Gill used petroleum products to clean car parts while working at a gas station between 1975 and 1980.
Who May Be Affected?
Workers in industries that make or use benzene can be exposed, according to the American Cancer Society [5]. These include the rubber industry, oil refineries and chemical plants.
The society also lists gasoline-related industries, shoe makers, steel workers, printers, lab technicians, gas station employees and firefighters among people who may be exposed at work.
ATSDR ToxFAQs says dry cleaners may also be exposed to higher levels of benzene [6]. Whether someone qualifies depends on their own facts, so an individual legal review is needed.
Reported Injuries or Damages
Plaintiff Paul Gill alleged that benzene exposure at work caused his acute myeloid leukemia. He was diagnosed with the cancer in 2019, according to Reuters.
The same ToxFAQs sheet states that long-term benzene exposure can result in bone marrow cancers, including acute myelogenous leukemia. It can also reduce red and white blood cells.
The American Cancer Society says IARC classifies benzene as carcinogenic to humans, based on sufficient evidence for acute myeloid leukemia. Multiple myeloma and non-Hodgkin lymphoma have weaker evidence.
The OSHA benzene standard, 29 CFR 1910.1028, applies to all occupational exposures to benzene [7]. It sets limits on how much benzene workers may breathe.
Evidence to Preserve
These records may help show benzene exposure and a diagnosis:
- Employment records showing where and when the person worked around gasoline, solvents or other benzene products.
- The names of the products and the employers involved in that work, if known.
- Medical records that show the date and type of diagnosis, such as leukemia.
- Pathology and treatment records from the doctors and hospitals that gave the care.
- Any workplace safety or exposure records for the job sites where the person worked.
- Photographs of the products or product labels, if any are still available to the family.
- Communications about the work and the illness, such as emails, letters and messages.
Filing Deadlines
Filing deadlines come from state law. They vary with where the person lives and when the exposure, illness and diagnosis happened.
In some states the clock starts at diagnosis. If a deadline passes, a claim can end even when the evidence is strong.
Speak with a lawyer promptly to learn which deadline may apply to your own situation and how much time remains.
Potential Compensation
Several categories of damages may be claimed in a benzene case. They include medical expenses, lost income, pain and suffering and loss of enjoyment of life. A spouse may also claim loss of consortium.
The Gill award came from a jury verdict in the Philadelphia court, and no settlement has been reported. Gill’s attorneys said the entire verdict was compensatory damages.
Compensation amounts vary by case. Past results do not guarantee future outcomes. Potential compensation depends on the facts of each case.
Frequently Asked Questions
What Does the Research Say About Benzene and Cancer?
Research on benzene and cancer centers on blood cancers. DHHS considers benzene a known human carcinogen, and ATSDR says long-term exposure may also cause leukemia, while the evidence for other blood cancers is weaker.
How Long Did the Philadelphia Benzene Trial Last?
The Philadelphia benzene trial lasted just over a week, according to Reuters. The jury returned its 10-2 verdict on a Thursday, according to attorneys quoted by Reuters, after a trial that ran about one week.
What Does OSHA Require for Benzene Exposure at Work?
OSHA’s benzene standard sets a permissible exposure limit of 1 part per million over an 8-hour average. The short-term limit is 5 ppm over 15 minutes. The action level is 0.5 ppm.
How Does Benzene Exposure Happen at Work?
Benzene exposure at work can happen through skin contact and inhalation. Gill alleged that cleaning car parts with petroleum products using bare hands at a gas station exposed him to benzene both ways.
References
- https://www.harrismartin.com/publications/10/benzene/articles/38679/pennsylvania-court-adds-90-million-in-delay-damages-to-725-million-benzene-verdict/
- https://www.inquirer.com/news/philadelphia/biggest-verdicts-courts-philadelphia-2024-20241226.html
- https://www.reuters.com/legal/exxon-hit-with-7255-million-verdict-over-mechanics-leukemia-diagnosis-2024-05-10/
- https://www.cdc.gov/chemical-emergencies/chemical-fact-sheets/benzene.html
- https://www.cancer.org/cancer/risk-prevention/chemicals/benzene.html
- https://www.atsdr.cdc.gov/toxfaqs/tfacts3.pdf
- https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1028