Between 1972 and 1986, Aubrey Clark worked on barges as a helper, rigger and leadman for Brown and Root (now KBR). It was during this period that Clark’s heavy exposure to benzene eventually led to him developing acute myelogenous leukemia (“AML”), said expert witnesses in his 2007 case against the company. During the trial Clark testified that he used benzene every other day on average as a solvent to clean his hands, equipment and tools. The amount of usage varied from 15 minutes to a couple of hours, the Eastern Texas District Court found in his Jones Act claim for personal injury and admiralty claims for maintenance and cure and unseaworthiness. In spite of the testimony of Clark and his four expert witnesses, KBR challenged the overwhelming evidence pointing to benzene exposure as a cause of his AML. Clark prevailed in his Jones Act claim, while losing his admiralty claims. KBR appealed the Jones Act decision, but on February 4, 2011, the U.S. Fifth Circuit Court of Appeals upheld the lower court ruling. Clark did not live to see his appeals court victory as he died after the first trial.
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