HOUSTON – ExxonMobil received no help from an appellate court in its effort to find out if the “exorbitant” medical damages being claimed by dozens of plaintiffs really are reasonable.
The lawsuit brought against Exxon stems from a fire broke out at its Baytown facility last July. According to the oil giant, the fire was quickly extinguished and did not result in any injuries requiring hospitalization.
However, the nearly 60 plaintiffs in the case seek more than $1 billion in damages for their alleged injuries.
In light of the “exorbitant damages claims for past medical expenses,” Exxon sought discovery from the plaintiffs’ medical providers but a trial court granted protections to the plaintiffs and their medical providers.
On appeal, Exxon argued the trial court erred and that the information sought is directly relevant to the plaintiffs’ compensatory damages claims.
“Of Plaintiffs’ claimed damages, many millions of dollars consist of past medical expenses. And many of those expenses are attributable to a few repeat medical providers,” Exxon’s appellate brief states. “These providers have regularly treated clients of Plaintiffs’ law firms in other cases and have a vested financial interest, through letters of protection, in the outcome of this litigation and in other litigation brought by Plaintiffs’ counsel.”
On Oct. 23, the 14th Court of Appeals denied Exxon’s writ of mandamus, finding the company has not shown that it is entitled to relief.
Exxon is represented in part by Haynes and Boone attorneys Lynne Liberato, Mark Trachtenberg and Michelle Scheffler.
The plaintiffs are represented by the Abraham Watkins law firm in Houston.
Appeals case No. 14-20-00705-CV