11.30.23: Initial Values Published!
Best, Rob Kwok
From Rob Kwok:
In my 30+ years of law practice this explosion hits closest to home. Literally, 5 miles from home. We woke up to the sonic boom that set off our house alarm on January 24, 2020 at 4:23am. My phone started ringing around 7am and hasn't stopped ringing since. Many close friends from Church and school live near the Watson facility. Some of my kids' classmates had homes destroyed. In fact, our lead Plaintiffs have 4 kids in school with our 4 kids. We're honored to serve their family during this explosion that destroyed their home. We were grateful to help them win their lawsuit against their homeowners insurance company so they could find a replacement home.
A bit about me, I'm board certified in personal injury trial law, and have represented people my entire career. I am AV rated, peer review/judicial review rated - the highest possible rating. I'm a Texas Super Lawyer and serve on the nominating committee for Texas Monthly Magazine. Serving my clients well is my top priority. We continue to offer Personal, Efficient and Agressive legal services at this firm since 1996.
I filed and won the first wrongful death case in the tragic 2005 BP Amaco Explosion that killed 23 workers. We won incredible results for all of our clients. I presented my last BP case to a Galveston County jury - and the case settled for many times the "final offer" after jury selection.
I also won the record setting jury verdict in the Channelview Explosion in 2014, that killed 1 worker and injured others. The 5-week jury trial record verdict landed Kwok Daniel LLP in the Texas Lawyers Hall of Fame.
When not working Explosion cases, my firm is one of the highest volume personal injury trial law firms in Houston. I'm so grateful for our world-class team of 66+ talented professionals. Update: we've added more team members in the past year to staff up for the Watson litigation and have tripled our mass torts division. We are grateful for our explosive growth!
Looking back on 2022, we are blessed and grateful for another record-setting year of income from our litigation practice. Partner Thomas Daniel continues to manage the firm well so my team may "work without worry" on your January 24 explosion cases.
Please know that I take each one of your cases personally. I'm deeply honored to represent 1,000+ of your family members, friends and neighbors. In December, I successfully concluded my appointment as co-chair of the January 24 Claimants Committee, and now serve in leadership on the January 24 MDL in state court. I am focused on bringing your cases to resolution by settlement or trial - that is our mission in 2023.
Much good has already been done, as we charge forward on mission to rebuild your neighborhood, one home at a time.
Best, Rob Kwok - rkwok@kwoklaw.com
Dear Clients,
Last night we received the awards for our clients. Considering the 5,150 injury claims and 750+ property claims, and the available funds, we are deciding if your awards are something we may recommend. Please do not blow up our phones, we are working around the clock to calculate your awards so we may present them to you. Please give us a few days to process!
We are still several steps away from getting funds to you, but this is great progress!
Next steps:
* We will review each award and make recommendations to opt in or opt out
* We hold multiple seminars to discuss in detail your gross award and deductions for attorney fees, common benefit expenses and case specific expenses
*In January, you will receive a formal disclosure packet from the claims administrator, Brown Greer to review your award and sign to opt in or opt out
* Parents of Minors who opt in will have a court hearing by zoom to prove settlement is in the child's best interests
* All disbursements and expenses must be court approved. This will take some time please be patient
* Hopeful funding by Q1/Q2 2024 if all goes well
A few observations:
* The allocators focused on the 3 families that lost loved ones
*Next focus was on the severely injured (cervical fusions) and those in Zone 1 (0-1200' from blast) with destroyed homes
* Zone 2 (1201-2200') came next, then Z3 (2201 - 3200'), Z4 (3201-4200') and Z5 (outside 4200') had lowest awards - please google maps how far you were from the blast
* Closer zones got higher awards (more damages)
* Medical treatment with injuries were placed in 1 of 29 different injury categories with fixed values (included with disclosure packet)
* No medical treatment = no injury award
* Property claims had insurance payments deducted so no double dipping
* Property awards were based on structural engineer reports and Xctimates (no reports, no award)
* Common benefit expenses will be applied pro rata (about 6% of your award) low for this type of case (Most mass torts case have common expenses and common fees charged above 13%)
* Everyone got something, $2,500 was the minimum award
Please check back here for regular updates and notices of settement seminars.
I look forward to seeing you all very soon!
Best, Rob Kwok
PS: We will be in Court tomorrow December 1, 2023 for a status conference. The Court intends to set cases that opt out for a jury trial very soon. Do not worry, you will have time to review and understand your individual award, ask questions, and make an informed decision on whether to opt in or opt out,..
Remember that all payments must be approved buy the Court, and funding is due 30 days after Court approval. The earliest we could see payments is Q1 /Q2 2024 if we get full participation. If we do not, expect the Court to start setting cases for trial. Again, everyone is working every day to expedite payments, both to you and to our team. We do not get paid until you get paid.
Be on the lookout for notices of town hall meetings where our team will explain everything to you in person. You'll always have the same opportunity to consult with one of our many lawyers, who have worked hard on your cases over the past 4 years.
Minors' claims: all medical records and bills have been dropboxed to former Supreme Court Justice David Medina for review. If you have minors with claims, Justice Medina will meet with you (the parents) and evaluate your minors' claim for fairness. He will then make a recommendation to the Judgefor payment. The Court would like to start these hearings in December, by zoom, so please be available to prove up your minors' claims. Again, the award amount will be based on severity of injury as documented by the medical evidence. If your child was not injured please do not expect much if any injury settlement.
Case expenses: All common benefit case expenses must be approved by Justice Medina and ultimately the MDL Judge.
Best, Rob Kwok
ICYMI: On March 10, 2023, we returned to Court to argue why the sensor company should not get out scott free. Indeed, they were the last to service the gas sensors at Watson, but the sensors were found not to be working at the time of this explosion. Our law and motions team filed with the Court a 50 page response with 7 binders of exhibits. After an hour plus of arguments, the Court ruled in our favor, keeping the sensor company in the case. This means once the allocation is complete, we resume litigation against the sensor company. Our case against them will end in either a jury trial or a settlement.
As always, find real-time updates here at www.watsongrindingexplosion.com
Lawsuit filed - 3 TROs Granted
Rob Kwok has already filed and won 3 TRO's in this case.
See Temporary Restraining Order (TRO) - here
See Houston Chronicle Article - here
See ABC news - here
See Fox 26 news story - here
See KPRC Ch2 news story - here
See ABC Watson/Kwok news story - here
See AP news story - here
See KPRC Ch2 walk through news story - here
See KPRC Ch2 TRO vs. City of Houston news story - here
See 1st TRO vs. City - here
See 2nd TRO vs. City - here
See Houston Chronicle Article - here
See Agreed 5-8-20 Lift Stay Order - here
See 06.21.20 Houston Chronicle Article - here
See 07.03.20 Houston Chronicle Article - here
See 12.30.20 Houston Chronicle Article - here
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