Lawsuit Alleges Workplace Benzene Exposure Caused Acute Myeloid Leukemia (AML) Diagnosis

Complaint alleges the companies violated OSHA benzene exposure limits and EPA hazardous air pollutant standards by failing to use closed systems, adequate ventilation or required air-monitoring equipment.

A North Carolina woman claims she developed acute myeloid leukemia (AML) after being exposed to benzene for nearly a decade while working at a BASF Vitamin C manufacturing plant.

Benzene is a colorless chemical with a slightly sweet odor. However, exposure to benzene emissions can damage the immune system and has been linked to an increased risk of several fatal forms of cancer and other life-threatening health conditions, such as chronic myelogenous leukemia (CML), acute lymphocytic leukemia (ALL), chronic lymphocytic leukemia (CLL), hairy cell leukemia (HCL), non-Hodgkin’s lymphoma and acute myeloid leukemia (AML).

High benzene levels have been found in many aerosol spray products sold in recent years, leading to a number of sunscreen, deodorant and antiperspirant recalls, some of which have resulted in benzene lawsuits, claiming plaintiffs were placed in unreasonable danger due to their exposure to the cancer-causing chemical contained in those products.

Last year, a former ExxonMobil gas station mechanic was awarded $725 million, following his AML diagnosis as a result of benzene exposure through his work at the company’s service stations.

In a complaint (PDF) brought by Lydia Diane Brock and her husband Roy Brock in the U.S. District Court for the Eastern District of North Carolina on October 2, the couple alleges that Lydia’s diagnosis of AML was a direct result of her exposure to benzene at a manufacturing plant owned by BASF. The lawsuit names BASF Corporation, several Takeda entities and other unidentified companies as defendants.

According to the filing, BASF acquired the Wilmington, North Carolina plant from Takeda in 2001, inheriting its vitamin-production operations. The Brocks claim BASF continued using benzene at the site after the merger and later tried to shift liability back to Takeda when the couple first filed their case in New Jersey in 2023. That lawsuit was dismissed in 2025 after the court ruled New Jersey was an inconvenient venue.

Brock worked through the contractor Fluor Daniel at the Wilmington facility from 1993 to 2001 and was diagnosed with AML in October 2022, more than 20 years after her reported exposure. During that time, she claims BASF and Takeda released benzene vapors during Vitamin C production and failed to provide adequate ventilation or protective equipment.

The complaint contends both companies violated OSHA benzene exposure limits and EPA hazardous-air-pollutant rules by not maintaining closed systems, ventilation or air-monitoring devices. It also accuses BASF of withholding more than 1,000 boxes of internal documents about benzene use and worker training that allegedly contain evidence of safety violations.

As a result, Brock says she was regularly exposed to benzene through inhalation and skin contact, leading to AML and a series of invasive treatments, including chemotherapy, a stem-cell transplant, bone-marrow biopsies, immunosuppressive therapies and steroid use that left her with permanent health complications.

“Mrs. Brock was exposed to benzene, and to the vapors, aerosols, mists and fogs from benzene, by means of inhalation and dermal absorption (from direct dermal contact with said products, dermal contact with clothes contaminated by said products and/or dermal contact with benzene vapors in the air).”

— Lydia Diane Brock and Roy Brock v. BASF Corporation et al

The Brocks raise allegations of negligence, breach of warranty, failure to warn and defective design, intentional tort — battery and fraud, and loss of consortium. They are seeking compensatory, punitive and loss of consortium damages.

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