Deal in the works to resolve 9,000 cases from 2019 ITC Deer Park facility fire

Jessica Willey Image
Thursday, October 19, 2023
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DEER PARK, Texas (KTRK) -- More than four years after a massive fire erupted at the ITC Deer Park facility, the company and the thousands of plaintiffs seeking damages are close to a settlement, according to court filings.

In a motion filed earlier this month, lawyers for both sides told the court they accepted a mediator's proposal for a deal.

"The parties are currently engaged in the process of preparing and negotiating the documentation and administrative framework necessary to finalize such a settlement," they wrote.

About 9,000 personal injury and lost wages cases were consolidated in the Southern District of Texas. The plaintiffs claim ITC's negligence led to their alleged injuries from the chemical fire in March 2019.

"When you bring harm to people, you have to be held accountable," Harris County Attorney Christian Menefee told ABC13.

In April 2021, ITC agreed to pay $900,000 to settle a lawsuit against them filed by Harris County for violations of flood-plain regulations and pollution. Menefee said that real people will get their chance two years after that settlement.

"The people who are impacted by this on the ground are going to have the opportunity to be compensated for their injuries because these are real lives that were impacted, and they deserve real dollars in their pockets," he said.

In July, the U.S. Chemical Safety and Hazard Investigation Board (CSB) concluded in its final investigation report that the dangerous and costly event could have been prevented had proper safeguards been in place. The CSB said an accidental chemical release ignited the fire, spreading to 14 storage tanks that were used to store petrochemical liquids, gases, and oil. The facility lacked safety measures, the report determined.

The fire burned for three days and caused millions of dollars in damages. Dangerous levels of benzene were detected in the air.

"Even just stepping outside, my eyes were burning. My nose was burning, my throat. It was hard to breathe," Eddie Guevara, who lives about two miles away from the plant, said. "We were saying it will be out soon, not knowing it would erupt into this big 'ol incident."

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