ILNews

Soldiers sue contractor for toxic exposure in Iraq

Jennifer Nelson
December 4, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share

Sixteen members of Indiana National Guard have filed a lawsuit against a Texas-based contractor working in Iraq for exposing the soldiers to a toxic chemical known to increase the risk of developing cancer.

The plaintiffs, who were primarily deployed through a military company based in Tell City, Ind., filed Dec. 3 the federal lawsuit, Mark McManaway, et al. v. KBR, Inc., et al., No. 3:08-cv-0186, in U.S. District Court in Indianapolis. The guardsmen worked at the Qarmat Ali water plant in southern Iraq for a six-month period in 2003 assisting KBR in restoring the water plant so it could resume pumping water into oil wells for a more consistent oil flow. The suit claims KBR downplayed and ignored the danger of the site contamination by sodium dichromate, a toxic chemical used at the water plant as an anti-corrosive that contains nearly pure hexavalent chromium.

Exposure to hexavalent chromium can increase a person's chance to develop various types of cancer and other illnesses. Several of the guardsmen have already become ill as a result of the exposure in 2003, including nasal cancers and rashes, said attorney David Cutshaw, partner at Cohen & Malad, who is representing the soldiers along with Doyle Raizner of Houston.

The soldiers claim they were repeatedly told by the company there was no danger on the site while they worked there, and that their bloody noses and skin lesions were a result of the dry desert air. It was later revealed the company knew of the danger as early as April 2003; the contaminated site was shut down in September 2003.

It wasn't until a congressional hearing in June 2008 did the government and U.S. Army learn how much KBR actually knew about the danger of exposure at the water plant and their ongoing cover-up of soldiers' exposure to the chemical.

In July, commander of the Indiana National Guard started locating and notifying the soldiers who worked at the water plant of their possible exposure to the chemical, Cutshaw said.

"The one thing that really got to me about this is (the soldiers) could have been receiving treatment for the last five years, but KBR has been hiding it," he said.

The suit alleges negligence and gross negligence on the part of KBR for failing to inform and protect the guardsmen from exposure to the hexavalent chromium. As a result of KBR's acts and omissions, the guardsmen are seeking compensation for their personal injuries and damages they currently have and will likely have in the future. The suit claims as a result of their exposure, the guardsmen have been exposed to a greater risk of severe injury or death and will need ongoing health care.

The applicable statute of limitations shouldn't apply in this case because KBR just a few months ago was still providing information to the U.S. Army that denied any knowledge of the site contamination until July 2003, the suit alleges.

Cutshaw said there are a reported 141 soldiers from the Indiana National Guard assigned to patrol the Qarmat Ali water plant, as well as soldiers from Scotland and Great Britain. He said he hadn't heard of any other suits dealing with this issue but thinks once more people learn about this suit, they could file their own or join this suit.

According to Cutshaw, KBR is currently involved in arbitration with KBR civilian employees who worked on the site regarding this issue and that arbitration is set to begin next week.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

ADVERTISEMENT