CHARLESTON, W. Va –
Hartley Law Group has filed a civil lawsuit in the Circuit Court of Kanawha County against more than a dozen major energy companies, alleging that years of occupational exposure to benzene and radioactive fracking wastewater caused a terminal bone marrow disease for a Roane County Man.
The lawsuit, filed by Kenneth W. Mullins and Brenda Mullins on July 13, 2026, names energy giants Ergon Appalachia LLC, ONEOK Inc., Shell PLC, EQT Corporation, and Antero Resources Corporation, among several others as defendants. The case is assigned to Judge Carrie Webster.
According to the complaint, Kenneth Mullins worked as a commercial truck driver from 2006 to 2018 for West Virginia Oil Gathering, LLC and Enlink Midstream Operating, LP (predecessors to Ergon and ONEOK). During his employment, Mullins hauled and transported benzene-containing crude oil, high-gravity oil and radioactive fracking brine “wastewater”. Mr. Mullins routinely collected these materials from various facilities across Kanawha, Wood, Harrison, Boone, Lincoln, Wayne, Clay, and Roane counties, and delivered them to several regional redistribution storage terminals.
In July 2024, Mullins was diagnosed with pancytopenia and myelodysplastic syndrome (MDS), a rare cancer of the bone marrow. His treating oncologist informed him that the condition was likely triggered by his workplace exposure to crude oil and gasoline products. Statistically, Mr. Mulllins’ medical prognosis is limited with his treaters indicating an overall survival window of three years. Following a series of chemotherapy treatments, Mullins underwent a bone marrow transplant at the WVU Medicine Mary Babb Randolph Cancer Center in May 2025.
The lawsuit splits the defendants into two distinct categories of liability:
The Employer Defendants (Ergon, West Virginia Oil Gathering, ONEOK, and Enlink) were sued under West Virginia’s “Deliberate Intention” statute (W. Va. Code § 23-4-2) with assertions that management intentionally exposed Mullins to hazardous conditions. An attached safety expert report asserts the companies systematically failed to provide respirators, safety gloves, ventilation, proper hazard communication training, or OSHA-mandated chemical inventories.
The Producer Defendants (Antero, Coterra, Cabot, Shell, East Resources, EQT, Exco, Exco PA, Expand, Mountain V and Nytis) were sued under standard premises liability theory with assertions that the site operators breached their duty of care by requiring Mullins to enter their properties to load toxic materials without warning him of the localized airborne hazards, contaminated nature of the materials, or offering him adequate protective clothing.
The plaintiffs are seeking full compensatory damages to be determined by a jury, alongside punitive damages against the non-employer producer defendants, citing a “conscious reckless and outrageous indifference to human health and safety”. Brenda Mullins has additionally filed a claim for loss of consortium due to the severe toll the illness has taken on their companionship and daily lives.
