A massive chemical release incident has led to a significant lawsuit against a specialty chemicals company. On August 23, 2024, Arunas Mikalauskas and six other plaintiffs filed a complaint in the Harris County District Court against ALTIVIA Specialty Chemicals, LLC. The filing details severe allegations of negligence following an incident on December 4, 2023, that exposed the plaintiffs to hazardous phosgene gas.
The plaintiffs, who were working at a facility adjacent to ALTIVIA's complex in La Porte, Texas, allege that around 10:30 am on the day of the incident, a pressure relief valve at ALTIVIA’s plant ruptured. This rupture resulted in a large release of phosgene gas which traveled to their location. At the time of exposure, six of the plaintiffs were employees at the neighboring facility while one was being interviewed for a job. They claim they were unaware of the chemical release and received no warning from ALTIVIA about the danger.
According to the court documents, phosgene is an extremely hazardous chemical that can be fatal upon exposure. The plaintiffs have reported significant injuries affecting their nervous system, respiratory system, eyes, throat, and lungs. "Plaintiffs continue to experience significant symptoms as a result of their exposure," states the complaint. The plaintiffs assert that these injuries were not due to any fault of their own but rather stemmed from ALTIVIA's negligence and gross negligence.
The lawsuit accuses ALTIVIA of failing in numerous safety protocols including proper inspection and maintenance of their chemical plant and equipment. Specific allegations include failure to monitor safety systems adequately and failure to warn neighboring workers about potential hazards promptly. Additionally, they accuse ALTIVIA of violating OSHA regulations and standards.
The plaintiffs are seeking monetary relief exceeding $1 million for damages such as physical pain and suffering, mental anguish, lost earnings both past and future, medical expenses incurred and anticipated future costs related to their injuries. Furthermore, they seek exemplary damages aimed at deterring similar conduct by emphasizing that profits should not come before human safety.
Representing the plaintiffs are attorneys Marcus B. Spagnoletti (TX SBN 24076708), Jessica J. Rhine (TX SBN 24060485), and Patrick 'Brooks' Tobin Jr. (TX SBN 24093267) from Spagnoletti Law Firm based in Houston, Texas. The case has been assigned Case ID 2024-56167 with Judge Patricia Jones presiding over it in Harris County’s 164th District Court.