PORT NECHES, Texas — On the fourth anniversary of the 2019 Port Neches TPC explosion thousands are still waiting on claims to be paid and lawsuits to move forward.
Many Southeast Texans will always remember the explosion that shook homes miles away when the TPC plant exploded the day before Thanksgiving on Nov. 27, 2019.
In August 2023 the U.S. Department of Justice launched a criminal investigation into the explosion which caused more than $153 million in damages to hundreds of homes and businesses.
A report from the U.S. Chemical Safety Board, in December 2022, blamed the explosion on 'a known safety hazard – popcorn polymer – that was poorly managed and controlled at the facility.'
TPC filed for bankruptcy in Delaware in 2021 and reached a $30 million bankruptcy settlement in 2023.
A court appointed trustee in the TPC bankruptcy has received all the claims against the settlement according to Beaumont attorney Mark Sparks, of the Ferguson Law Firm. Sparks is handling multiple TPC cases for his firm.
"Thousands of claims were filed and TPC choose to underinsure itself for its victims, so it didn't have enough insurance and ultimately filed for bankruptcy," said Sparks.
Sparks estimates that payouts from the bankruptcy found could happen in late 2024.
"Bankruptcy courts are here to protect companies, and unfortunately, victims are often not fairly compensated," Sparks told 12News.
He says a total of 9,524 claims were filed for the $30 million settlement.
"You can see the problem the trustee's up against," Sparks said.
Here’s how they break down…
- 4,451 - Residential property
- 3,999 - Personal injury
- 578 - Business property
- 574 - Trade creditors
- 461 - Business loss
- 35 - Other
Currently there are lawsuits pending against three other companies that plaintiff's attorneys say also bear responsibility for the explosion according to Sparks.
Suez, Nalco and Ingenero have all been named as plaintiffs in those suits he said.
"I think that Nalco has $254 million, and I know Suez and Ingenero are far, far, far below that," said Sparks. "This popcorn polymer problem was well-known at this facility,"
Currently progress on those cases is on hold as Orange County's 128th District Judge Courtney Arkeen previously issued a stay due to the bankruptcy filing and appeals filed by the plaintiffs Sparks told 12News on Monday.
Now that claims on the bankruptcy are being processed Sparks says he believes that Arkeen may lift the stay.
Once this happens Sparks says attorneys can begin moving forward on those cases and start holding depositions.
Suez and Nalco were supposed to be managing the popcorn polymers issues at the plant according to Sparks.
Suez had the job first and then Nalco approached the company saying they could do better and got the job before the 2019 explosion happened he told 12News.
Ingenero was reviewing reports from the plant involving the popcorn polymers and should have caught how bad the popcorn polymer problem was getting at TPC but did not sound an alarm according to Sparks.
Many homeowners are left wondering when they will be getting their settlement.
"The adjustor said housing alone, right at $180,000," said Wade Kimball, a homeowner in the Hebert Woods neighborhood.
His home was badly damaged by the blast.
"It blew the windows in...The doors were blown off the hinges...The brick was cracked on the house," Kimball said.
Kimball has been forced to fix all damages out of pocket but not all damage was structural.
"They never addressed any health or medical issues caused from this. My wife, her hearing was damaged. the doctors said tinnitus, I didn't have that. I have it now," said Kimball.
Both Kimball and Sparks believe things need to change so companies can be held accountable.
"A corporation dealing with a billion dollar explodable facility should have more responsibility than what TPC had here," said Sparks.
The plant is no longer producing chemicals, only operating as a terminal.
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This is a developing story. We will update with more if and when we receive more confirmed information.