HOUSTON – The University Cancer Center is suing The Pinkerton Law Firm for more than $13 million, alleging the firm breached its contract by refusing to pay for medical screening services provided after a benzene release at the BP refinery in Texas City.
The suit was filed Aug. 29 in Harris County District Court.
According to the original petition, in April 2010 a broken hydrogen compressor at the refinery, which is the third largest in the country, caused a flaring incident, releasing “massive” amounts of toxic chemicals, including benzene.
“Beginning with the toxic chemical release, tens of thousands of people began experiencing issues, usually first noticed with difficulty breathing, runny noses and other symptoms,” the suit states.
“Many of these symptomatic people signed up for legal representation from Defendant (Pinkerton Law).”
The suit says in order to obtain a “positive outcome” for its clients, it was necessary for Pinkerton Law to contract the services of UCC and its medical expert, Dr. Mark D’Andrea.
On Nov. 12, 2010, Pinkerton Law issued a letter of protection to UCC and D’Andrea to obtain medical services
The letter from the firm states: “Upon resolution of this litigation, either by positive settlement or upon payment of jury verdict, your facility will receive payment for services rendered.”
Relying on the letter, UCC provided medical testing, screening and treatment to the firm’s clients to investigate the potential negative health impacts.
“Defendant settled its lawsuit with BP, a positive outcome, but failed to pay Plaintiff, and subsequently refused to do so,” the suit states.
A court exhibit shows UCC screened more than 1,800 clients at cost ranging from $2,000 to $9,000 per individual – bringing the grand total for services rendered to $13,870,447.59.
UCC asserts Pinkerton used and benefited from the medical evidence it provided, along with the expert report from D’Andrea.
“Although Defendant obtained a positive outcome for its clients, and most importantly, for itself, it failed to pay Plaintiff for its services according to the terms and conditions of the (letter of protection),” the suit states.
UCC is represented by New Braunfels attorney Lamar Treadwell.
Pinkerton Law was founded by Chad Pinkerton. Over the years, the Record has reported on numerous suits brought by the firm, including a recent lawsuit against Life Time Fitness alleging the company failed to warn a gym patron about the dangerous condition of one of its machines.
Cause No. 2018-58725