War’s Toxic Legacy

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WHEELING - Four Ohio Valley soldiers are among nearly 50 nationwide who have filed a federal lawsuit against civilian contractor KBR Inc. after they were exposed to hexavalent chromium, a potent, sometimes deadly chemical linked to cancer and other devastating diseases.

The four local soldiers - Bradley Ebert of Bethlehem, Russell Powell of Moundsville, Andru Keller of Middlebourne and John Headley of Paden City - were part of the West Virginia National Guard's 1092nd Engineering Battalion, stationed in Iraq in 2003.

These soldiers and hundreds of other Guard members from Indiana and Oregon were protecting workers hired by a subsidiary of KBR Inc. to rebuild an Iraqi water treatment plant. The area, as it turned out, was contaminated with hexavalent chromium, the same chemical linked to poisonings in California in a case made famous in the movie "Erin Brockovich."

Now, six years later, many of those who protected KBR's workers in the Iraqi desert are sick. Some have died.

According to the lawsuit filed late last week in U.S. District Court in Wheeling, several of the West Virginia soldiers "have already manifested respiratory system tumors characteristically associated with hexavalent chromium exposure, and many of the West Virginia Guardsmen continue to experience chemical sensitivities and rashes consistent with the impacts of hexavalent chromium poisoning. As has become clear only recently, the West Virginia Guardsmen and other exposed persons now require ongoing, expensive follow-up health care for the health impacts of these exposures, as well as compensation for the reasonably anticipated manifestations over time, including the cancers, potential impact on their offspring, and heightened reaction to chromium salts in the environment."

Similar reactions to the chemical have been found in soldiers from other states who also protected KBR workers:

• Oregon's Larry Roberta struggles for every breath, a painful reminder of his time in Iraq. He can't walk a block without gasping for air. His chest hurts, his migraines sometimes persist for days and he needs pills to help him sleep.

• Indiana's James Gentry came home with rashes, ear troubles and a shortness of breath. Later, things got much worse: He developed lung cancer.

• David Moore's postwar life turned into a harrowing medical mystery: nosebleeds and labored breathing that made it impossible to work, much less speak. His desperate search for answers ended last year when he died of lung disease at age 42.

No one disputes that the area around the water treatment plant was contaminated with hexavalent chromium. But that's where the agreement ends.

Among the issues now rippling through Congress are whether the chemical made people sick, when KBR knew it was there and how the company responded. But the debate is about more than this one case; it has raised broader questions about private contractors and health risks in war zones.

Sen. Evan Bayh, D-Ind., plans to hold Congressional hearings on the issues. He plans to seek answers to the following questions:

"How should we treat exposure to potentially hazardous chemicals as a threat to our soldiers? How seriously should that threat be taken? What is the role of private contractors? What about the potential conflict between their profit motives and taking all steps necessary to protect our soldiers?"

"This case," Bayh says, "has brought to light the need for systemic reform."

The lawsuits against KBR and two subsidiaries accuse them of minimizing and concealing the chemical's dangers, then downplaying nosebleeds and breathing problems as nothing more than sand allergies or a reaction to desert air.

KBR denies any wrongdoing. In a statement, the company said it actually found the chemical at the Qarmat Ali plant, restricted access, cleaned it up and "did not knowingly harm troops."

This isn't the first claim that toxins have harmed soldiers in Iraq and Afghanistan; there have been allegations involving lead, depleted uranium and sarin gas.

This also isn't the first challenge to KBR, whose billions of dollars of war-related contracts have been the subject of congressional scrutiny and legal claims.

This case stems from the chaotic start of the war in 2003 when a KBR subsidiary was hired to restart the treatment plant, which had been looted and virtually stripped bare. The Iraqis had used hexavalent chromium to prevent pipe corrosion at the plant, which produced industrial water used in oil production.

Hexavalent chromium - a toxic component of sodium dichromate - can cause severe liver and kidney damage and studies have linked it to leukemia as well as bone, stomach and other cancers, according to an expert who provided a deposition for the civilian workers.

The chemical "is one of the most potent carcinogens know to man," said Max Costa, chairman of New York University's Department of Environmental Medicine.

KBR, however, says studies show only that industrial workers exposed to the chemical for more than two years have an increased risk of cancer - and in this case, soldiers were at the plant just days or months.

The company also notes air quality studies concluded the Indiana Guard soldiers were not exposed to high levels of hexavalent chromium. But Costa says those tests were done when the wind was not blowing.

Both soldiers and former workers say there were days when strong gusts kicked up ripped-open bags of the chemical, creating a yellow-orange haze that coated everything from their hair to their boots.

"I was spitting blood and I was not the only one doing that," recalls Danny Langford, who worked for the KBR subsidiary. "The wind was blowing 30, 40 miles an hour. You could just hardly see where you were going. I pulled my shirt over my nose and there would be blood on it."

Larry Roberta, a 44-year-old former Oregon National Guard member, remembers 137-degree heat and dust everywhere.

He sat on a bag of the chemical, unaware it was dangerous.

"This orange crud blew up in your face, your eyes and on our food," he says. "I tried to wash my chicken patty off with my canteen. I started to get sick to my stomach right away."

Roberta had coughing spells and agonizing chest pains, he says, that "went all the way through my back. ... Every day I went there, I had something weird going on."

Russell Kimberling, a former Indiana National Guard captain, had severe sinus troubles that forced his medical evacuation to Germany. After returning, he became alarmed one August day in 2003 while escorting some officials to the plant in the southern Iraqi city of Basra.

"I jumped out of the truck and I turned around and they (KBR staff) had full chemical gear on," he says. "I looked at some of my soldiers and said, 'This can't be very good.' ... They could have told us to put chemical suits on."

Ed Blacke, hired as plant health, safety and environmental coordinator, says he became worried after workers started having breathing problems and a former colleague sent him an internal KBR memo outlining the chemical's dangers. Blacke says he complained, was labeled a troublemaker and resigned under pressure.

"Normally when you take over a job, you have a briefing - this is what's out there, here's what you need for protective equipment," says Blacke, who testified at a Senate Democratic Policy Committee hearing last year. "There was nothing, nothing at all."

Blacke and Langford were among those whose civil claims were resolved in arbitration.

Kimberling is among nearly 50 current or former Guard members who've sued.

Mike Doyle, a Houston lawyer representing the soldiers and civilians, maintains KBR knew as early as May 2003 the chemical was there, but didn't close the site until that September.

"Once they (KBR) found out about it, they didn't tell anybody and they did everything to conceal it," he contends. "Their staff was getting reports and soldiers and civilians who were in the field were told ... 'There's nothing to worry about."'

Attorney Michael Simon of the Weirton firm of Frankovitch, Anetakis, Colantonio & Simon filed the lawsuit on behalf of the West Virginia soldiers.

The lawsuit cites minutes of an August 2003 KBR meeting that mentions "serious health problems at the water treatment plant" and notes "almost 60 percent of the people now exhibit the symptoms."

In a recent wide-ranging Associated Press interview, KBR chairman William P. Utt said the company has been unfairly targeted for its military work.

"People think there's an opportunity here in Iraq, let's paint it on KBR, then we'll worry about making the facts precise or correct later," he said.

As for the water plant, KBR says once it learned of the chemical, it took precautions to protect workers, notified the Army Corps of Engineers and led the cleanup. It says the Corps had previously deemed the area safe.

KBR also points to Army tests of Indiana Guard soldiers that showed no medical problems that could be linked to exposure, as well as a military board review that found it unlikely anyone would suffer long-term medical consequences.

But Bayh and Doyle say those tests were done too late to be valid and note that soil tests were taken after the contaminated area was covered.

Doyle also disagrees with KBR's contention that workers weren't there long enough to have elevated cancer risks.

James Gentry, a retired lieutenant colonel in the Indiana Guard, is in the late stages of lung cancer and the disease has spread to his ribs and spine, according to his friend, Christopher Lee.

Gentry hasn't sued but in a December 2008 deposition he said it was "very disappointing" KBR managers didn't share information soldiers were around cancer-causing chemical.

"I'm dying because of it," he said.

Roberta, the former Oregon Guardsman who needed stomach surgery after his return, says he suffers from post-traumatic stress, mood swings, nose polyps, chest pains and debilitating migraines.

"I have 100 percent disability," he says. "I've got a long laundry list of things that happened to me while I was there. If you add it all up, I'd be almost 200 percent disabled."

Kimberling, the former Indiana Guardsman, struggles as well.

The father of two young children - he's a pharmaceutical salesman in Louisville, Ky. - says he hasn't been able to get life insurance because his possible exposure is mentioned on his medical records.

"I feel like I'm a 38-year-old in a 60-year-old's body," he says. ... "I'm not sure if it's the anxiety of finding out about it or not. I kind of know and feel it's just a matter of time before it catches up with me.

Member Comments

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Rylanjsmom
10-07-09 8:33 PM »Report Abuse	Hello! I was wondering if anyone knew if any soldiers from Ga were exposed to this chemical. My fiance just retired fro the GA Army National Guard and he came home from his last tour in Iraq with some related symptoms. He has the nose bleeds, red splotches everywhere and he's very weak, has trouble breathing, and he hows up chunks of blood. Sometimes it's really bad and sometimes it just seems to go away fr a few weeks but it always coms back. He has been put on all kinds of medication but none of it really helps. He has gone to the doctor recently and they didn't tell him what it was, they just told him they didn't think he had long to live. If anyone knows anything or has ever heard of anything like it coul you please let me know. I would be very greatful. My email is lynniepoo5897@yahoo**** I don't want my son to lose his father and i don't want to lose my husband-to-be. Thanks
think4urself
07-04-09 2:14 AM »Report Abuse	Heavens forbid I make a spelling error Dilbert, I'm soooooo happy that you are all knowing and here to catch my every mistake. What a tough job that must be for you! Do you not have a more important issue about my comment to whine about other than a simple spelling mistake or was that petty enough to make your day for you?
Dilbert
07-03-09 11:58 PM »Report Abuse	lol.....Pot, meet Kettle: "as a democrate I take offense to you saying that democrates" Can I copy another of your sentences? "....makes you look less than educated." Kettle, meet Pot.
think4urself
07-03-09 12:44 PM »Report Abuse	Ellis, as a democrate I take offense to you saying that democrates admire Hitler. That statement is simply untrue, immature and just shows how closed and single minded you are and makes you look less than educated.
EllisWyatt
07-01-09 7:08 AM »Report Abuse	wonder Bread All I can tell you is go to Fact Check and look up Cheney/Halliburton. The Social Democrat party loves to spew soundbites. "Bush lied/kids died", "Cheney/Halliburton", "war for oil", "Bush is stupid" etc. This is because their target voting bloc is low IQ and easily manipulated. If a soundbite or chant can change a person's mind, they are probably not smart enough to have a right to vote. Democrats have studied Hitler, who they admire. They take to heart his mantra that, if you tell a lie often enough, it becomes the truth. It has become accepted that Bush lied and Cheney and Halliburton ripped us off. So, I ask you to look at the facts: If Bush is stupid, dumb, etc. and he fooled the Democrats, what does that say abou the Democrats? Fact Check clearly spells out the Cheney/Halliburton issue. Cheney did not received one dime from Halliburton, other than deferred compensation, after he took office. He also signed over his stock
TheRealityPolice
06-30-09 6:00 PM »Report Abuse	Where were the electrocutions mentioned in the article? I must be missing that - but I have heard about them from some men who are in Iraq NOW - I also heard it was a French contractor who installed those, but that is heresay. Get them all out of Iraq and bring them home - then hope that we don't get called somewhere else. Actually, it will be more likely that our troops get called into DEFENSIVE mode - protecting our own soil.
TheRealityPolice
06-30-09 5:54 PM »Report Abuse	I have seen trucks - pickup trucks - at Cabela's lately with Haliburton on them - and the guys shopping at the store. Are they traveling on I-70 or doing work in the local area? Maybe all the Haliburton haters need to stake out Cabela's and go beat them up.
mkhunt
06-30-09 2:39 PM »Report Abuse	Halliburton used Cheney.s influence in 2005 to grant exemption to the drilling industry which uses Halliburton Fracking technology.Support the FRAC ACt in US Senate and House to put this back under federal regulation and require full disclosure of all chemicals used. Chrome 6 just showd up in over 40 well in Texas near Schlumberger site. Despite the lies of pr reps we are now testing positve for toxic poisons in water samples from Wetzel Co. Chesapeake Energy is being sued by Ontario Teachers' Retirement Fund and many other share holders for fraud, yet they hand out money in WV to buy influence while Rt 89 and farms are eroding messes. KBR need to be tried in Nuremburg prosecution for crimes against humanity. The separation of the companies involved in the fracking, fraud and pollution is only on paper...Lock them up.
ConservativeKaty
06-30-09 2:33 PM »Report Abuse	Where did the hexavalent chromium come from? Could this be a product or by-product of the elusive and deadly WMD's? Dam Saddam was humanely hung while our brave soldiers twist in a toxic wind. John McCain had the heroic war background to address this correctly, and yes Bush-Cheney did not put American Soldiers First, but there is no confidence that Obama will save the day. Obama should appoint a commission with McCain in charge to evaluate the many problems in Iraq relative to our soldiers' well-being.
wonderwhy
06-30-09 11:29 AM »Report Abuse	rover1958 thanks again for your post. I agree entirely on your feelings and analogies about war. take care.
rover1958
06-30-09 9:59 AM »Report Abuse	Wonderwhy: Thank you for the kind comments. I'm not looking for pity or help, life is life, at least I'm not on some 'wall' yet. I just wanted to point out that 'war' is nearly always a money-manking machine that uses up people as the fuel. The propaganda is always 'it is patriotic'. That's so, but ONLY if a real enemy atacks us directly or invades our homeland. Aside from that... stay clear of foreign entanglements. I think that was President Washington's advice. Peace.
tyler80
06-30-09 5:35 AM »Report Abuse	So I guess there were no MSDS sheets posted anywhere. I understand this was a war and not a chemical plant setting and I as a Veteran understand these soldiers pain but how stupid do you have to be to sit on a bag of orange chemicals at a water treatment site; then eat a chicken patty that has the chemical on it. There is no way on this earth that you can tell me that there wasn't atleast the chemical name posted somewhere or a hazerdous diamond with numbers anywhere.. common sense has to be used sometimes even in war...
wonderwhy
06-29-09 9:11 PM »Report Abuse	rover1958- thank you for your service. also, please know that there are many as myself that are sad that you have been through the things that you have endured becasue of the unknown of what the gov did when serving. Please know that you are in my thoughts and prayers, and have an advocate to fix the way vets are treated. if you would post any information where we can either donate our time or money to help those as yourself , please let us know. again, thanks for your service. God Bless
wonderwhy
06-29-09 7:55 PM »Report Abuse	Ellis- btw, you forgot to correct yourself when you posted earlier tht kbr wasn't owned by Haliburton.
wonderwhy
06-29-09 6:47 PM »Report Abuse	Ellis- I did look up the facts. the Fact that You post lies is your problem. Not mine. and maybe if you looked up some Real stuff other than what Fox news tells you or some world net daily baloney would would grow to knwo the truth. otherwise just keep making up names for the President of the USA adn lies, adn leave me out of it.
wvhoopie
06-29-09 6:44 PM »Report Abuse	Day of judgement God is calling......On their knees the warpigs crawling......Begging mercy for their sins.......Satan laughing spreads his wings......Oh Lord now......The Lord is waiting for the neo cons.......end imperialism now!
EllisWyatt
06-29-09 6:43 PM »Report Abuse	I am not going to defend the military-industrial complex. They are the reason why we still build thousands of tanks each year. Why we build aircraft no one wants. Why we fund turkeys like the Osprey, which guarantees an opportunity to experience a crash. It is true that the military used to cook and clean for itself. But we cannot get enough recruits. Also, a contractor is paid a flat rate for the contract term whereas a soldier must be housed, fed, armed, trained, given health care, etc. for as long as he is in the service. He must be paid a pension if he stays in for 20 years. He must be given PX and Commissary passes. Etc. So, I can see why we hire contractors but I cannot accept their shoddy work and their harming the troops. I said this before and it bears repeating: ANY executive or worker involved with ANY project in which a solider is harmed or killed due to neglect or shoddy work should be hung in front of the Capitol and left to rot as a message.
EllisWyatt
06-29-09 6:36 PM »Report Abuse	wonder Go to Fact Check to look up Dick Cheney's info. The only pay he received after taking office was deferred compensation from when he was CEO. The total was $398,548, payable over 5 years (2001-2005). Cheney resigned from Halliburton in September of 2000. The ONLY compensation he received, directly or indirectly, from Halliburton, came in the form of deferred compensation, which cannot legally be increased or decreased. Thus, Cheney could not have been paid a bonus for contracts, etc. ALSO, Cheney set up an IRREVOCABLE agreement whereby all of his stock & stock profits would be split between 3 charities. 40% to the U of Wyoming. 40% to GW University and 20% to DC charity that provides private school funding for low income students. So, you need to go look up these facts before posting. Perhaps you did not know these things. But now you do!
rover1958
06-29-09 5:15 PM »Report Abuse	The big chemical companys made a fortune peddling 'Agent Orange' to be dumped in Vietnam. Like thousands of military there, I got 'exposed'. Got diabetes which led to cataracts in the eyes, led to heart disease (triple bypass) and a check from the VA for a stinking 200 bucks a month. Thats the price of my life for making the companys rich. Oh, did you say 'sue them?'. Well, the Vets did and the supreme court just ruled this year, 'Tough!' Yes, people get rich over war and it's not the soldiers.
billybob
06-29-09 5:10 PM »Report Abuse	Looks like we found the WMD's we were looking for. The bad part is our troops suffer for nothing. Remember they did not even have bullet proof vests or plated humvees. Yes I am bitter when it comes to our troops returning and not haveing enough care for their problems caused by inept leadership. Then what do you expect people still living in Katrina trailers!
popeye
06-29-09 4:41 PM »Report Abuse	Like I said in several of my previous posts, war is big business. Eisenhower warned us of the future growth of the military/industrial complex. The chicken has come home to roost. Does America produce anything anymore other than war?
jb1967
06-29-09 2:28 PM »Report Abuse	This article is about health risks to our troops, not contracts. It's the same old story, don't ask and we won't tell. Remember Viet Nam, agent orange and what it did. I hope every one on this law suit gets paid large sums of money. It will not help there health but it will show the contractors and the federal government are a bunch of liars.
richardwhee
06-29-09 2:05 PM »Report Abuse	How times have changed, [For a Buck] The military used to feed the troops, operate laundries, perform cinstruction projects, provide security [Blackwarer does now] transport their own people etc. Now it's all contracted out at great expense. Pretty soon we will have mercenaries doing our fighting. By the way- most of the civillian contractors do sub-standard work.
USMCDeathPimp
06-29-09 1:53 PM »Report Abuse	KBR also had contract for our western Africa task force, were the late BGen Broadwater of Wheeling/Paden City was vice commander of that base, and died of cancer 2 years ago.
cory1978
06-29-09 9:14 AM »Report Abuse	sorry to burst your republican bubble EllisWyatt, but KBR Inc. was owned by Haliburton. en.wikipedia****/wiki/KBR_(company) simply google search will prove that. From 1995-2002, Halliburton KBR was awarded at least $2.5 billion to construct and run military bases, some in secret locations, as part of the Army's Logistics Civil Augmentation Program.Halliburton announced on April 5, 2007 that it had finally broken ties with KBR, which has been its contracting, engineering and construction unit as a part of the company for 44 years.

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