Remaining plaintiffs in a lawsuit over alleged health problemsrelated to Chevron’s oil field activities suffered a setback Mondaywhen they were dismissed from the legal action by Judge KeithStarrett.

In June, approximately 800 of more than 1,100 plaintiffs agreedto participate in a $5.5 million settlement in the decade-longlawsuit over oil exploration and recovery operations in theBrookhaven Oil Field.

Over 200 plaintiffs rejected the settlement offer, citingfairness issues and insufficient financial compensation.Non-settling plaintiffs were given time to gather medical recordsand to find sufficient testimony to allow the case to continue.

On Monday, Starrett said the plaintiffs had been given multiplefiling extensions and had been told in as clear language aspossible that they needed to produce that proof.

“Today is the day,” Starrett said. “It’s fish or cut bait.”

Bro. Robert Adams, spokesman for the plaintiffs, said it hadbeen difficult to get and review medical records over the holidays.He also said the group was able to get an attorney only Friday, andhe had not reviewed the court records.

“I feel it would be unfair to not give him a chance to look atit,” Adams said.

Starrett objected to the “unfair” remark and said the case hasbeen going on since the summer. The judge said he could appreciatewhat the plaintiffs were trying to do.

“If you have a claim, I want you to have your day in court,”Starrett said.

However, Starrett stressed that the plaintiffs had to complywith court orders and procedures. Earlier, the judge mentioned that69 plaintiffs had not properly filed medical records with thecourt.

Starrett said the medical records submitted included referencesto pregnancies, car wrecks and brain injuries. He described thesubmissions as a “shotgun” approach.

“I’ve seen no expert testimony to connect their conditions tothe oil field,” Starrett said.

Starrett then gave plaintiffs’ attorney Andy Howell an hour toreview several volumes of medical records in an effort to find aconnection.

After about 20 minutes, Howell produced three letters indicatingthat the respective plaintiff’s conditions “may” or “could be”related to oil field work. Following objections from Chevronattorneys, Starrett ruled the letters were insufficient.

“It’s got to be based on reasonable medical probability,”Starrett said.

Starrett then granted Chevron’s motion for summary judgment anddismissed the plaintiffs. The ruling can be appealed and under thejudge’s ruling, some dismissed plaintiffs may file a newlawsuit.

“The ones left basically ignored their lawyers’ advice toparticipate in the settlement and go at it on their own,” saidRobert Petersen, senior counsel for ChevronTexaco. “Judge Starretthas determined they don’t have a case.”

Adams said plaintiffs are planning to appeal the judge’s ruling.He said they are only asking for what is “decent and fair.”

Howell said he would be meeting with the plaintiffs after thejudge’s order to formally entered into the court record. Afterthat, plaintiffs have 30 days to appeal the ruling to the statesupreme court.

“It’s a sad situation with the kind of health problems they’vehad,” Howell said. “My heart goes out to them.”

Petersen said Chevron continues to be ready to defend itsposition in the lawsuit.

“We’re prepared to fight whatever appeals they possibly have asfar as we have to,” Petersen said.

Petersen said he appreciated how Starrett had administered thecase.

“We feel Judge Starrett bent over backwards to be fair toeveryone in this case,” Petersen said.

An ongoing oil field clean-up operation was not part of thesettlement but was started by Chevron earlier in the litigationprocess. Petersen said Monday that activity was going well.

“We’re going to stand by our word to clean up the Brookhaven OilField,” Petersen said.