Deer Park, TX – Workers who say they were injured in last week’s deadly refinery gas leak are suing PEMEX.
Sergio Antonio Olvera, Jonathan Martinez and Yoselyn Soto were all working at the oil refinery the afternoon of Oct. 10 when the toxic and highly flammable gas -- hydrogen sulfide -- leaked.
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The suit filed by Houston attorney Mo Aziz, says “harmful and toxic gases, including Hydrogen Sulfide, uncontrollably released into the atmosphere within and around the Refinery.”
The three workers named in the suit were injured.
In all, two people were killed and 13 were hospitalized, according to PEMEX. Harris County Sheriff Ed Gonzalez said 35 workers were treated at the site.
The gas leak prompted a shelter-in-place order in Pasadena and Deer Park, but Deer Park’s emergency alert system wasn’t working right and some people didn’t get the message, many others were confused.
On top of that, PEMEX did not alert the community of any potential danger on the CAER website -- it’s an online alert system members use for information about anything going on at their plants that might alarm residents.
The only message PEMEX posted came nearly an hour after the gas leak and said:
Posted On - 10/10/2024 5:26:00 PM - Initial Report
This is a message from PEMEX Deer Park. We are performing activities that may cause flaring. We are taking steps to minimize any noise, light, or smoke associated with this flaring activity. At this time, we are not aware of an impact to the community or our industrial neighbors.
Harris County Commissioner Adrian Garcia slammed PEMEX the day after the deadly leak, saying their lack of communication was unacceptable and hampered first responders.
The U.S. Chemical Safety Board said Friday it will investigate the leak.
The lawsuit says PEMEX committed gross negligence and malice through “acts and omissions, which collectively and separately constituted negligence.” It also claims PEMEX breached their duty to use a degree of care and prudence that would be standard in the industry.
The petition filed with the court asks for a jury trial and damages to cover past and future mental anguish, physical pain and suffering, disabilities, medical expense and several other short- and possible long-term effects.
Other lawsuits likely
Four subcontractors have hired Houston Attorney Ryan Zehl.
“And they are you know, their ailments and symptoms range from, again, what you would associate with hydrogen sulfide breathing problems, nausea, some or vomiting, eye problems and irritation, headaches. And then a couple have orthopedic injuries because in the rush to escape the facility, they either fell, ran against something and hurt their necks, backs and other parts of their body,” Zehl told KPRC 2 Investigates reporter Robert Arnold.
Zehl says the workers have told him the refinery’s alarm system did not activate until the hydrogen sulfide had already been released.
“And we’re talking about almost 1000 times the legal limit of hydrogen sulfide being released. They were releasing some, they say, over the course of seven hours, 43,500 pounds, and that’s about over 6,000 pounds per hour when the legal limit is 6.8 pounds per hour. And so the fact that more people weren’t fatally injured is truly a miracle,” Zehl said.
Zehl said some of the workers had personal monitors that did go off.
“And I think there was a mass exodus and people got hurt trying to get out of the facility as well,” Zehl said.