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WILLIAM BUCANO v. BP EXPLORATION & PRODUCTION, INC., ET AL.

MARTIN L. C. FELDMAN, UNITED STATES DISTRICT JUDGE.

SECTION “F”

ORDER AND REASONS

MARTIN L. C. FELDMAN, UNITED STATES DISTRICT JUDGE.

The pro se plaintiff in this BELO case claims that his assistance in the Deepwater Horizon clean-up effort exposed him to harmful substances which in turn caused him to develop multiple myeloma. His theory is, of course, plausible in the abstract.

But as this Court, the Fifth Circuit, and at least nine other Sections of this Court have uniformly held with regard to BELO plaintiffs in the plaintiff's position, “[a]bsent expert testimony, [a BELO plaintiff] cannot meet his burden of proof on causation.” Baptiste v. BP Expl. & Prod., Inc., 2020 WL 2063678, at *3 (E.D. La. Apr. 29, 2020); see also McGill v. BP Expl. & Prod., Inc., 830 Fed.Appx. 430, 434 (5th Cir. 2020) (per curiam).

Because the plaintiff has failed to identify a causation expert in this case, he cannot meet his burden of proof and the defendants are entitled to judgment as a matter of law. See, e.g., Baptiste, 2020 WL 2063678, at *3.

Accordingly, IT IS ORDERED: that the defendants' motion for summary judgment is GRANTED. The plaintiff's claims are DISMISSED WITH PREJUDICE.

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Bucano v. BP Expl. & Prod.
(Aug 4, 2021)