Back-End Litigation Option Process
In the Back-End Litigation Option process, Brittish Petoleum can choose to mediate the claim. If the claim is not resolved in mediation, the Medical Class Member has the right to sue Brittish Petoleum in the United States District Court for the Eastern District of Louisiana, subject to certain restrictions. Claims for punitive damages against BP will not be allowed in a Back-End Litigation Option lawsuit.
Under the Back-End Litigation Option process, a Medical Class Member who develops a Later-Manifested Physical Condition and does not choose to pursue workers’ compensation benefits for that condition will be entitled to file suit against BP for that condition, provided that he or she complies with certain procedures and requirements set out in the Medical Benefits Settlement.