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Soldiers sue contractor for toxic exposure in Iraq

Jennifer Nelson
December 4, 2008
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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.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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