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Local Guard Unit Sues

30 members claim exposure to toxic chemicals in Iraq

By JOSELYN KING Staff Writer
POSTED: October 7, 2009

MOUNDSVILLE - More than 30 local National Guard members were exposed to toxic chemicals while in Iraq, a lawsuit filed this week in Marshall County Circuit Court states.

The legal action on behalf of 30 members of the 1092nd Battalion of the West Virginia Army National Guard, headquartered in Moundsville, indicates the soldiers were exposed to sodium dichromate in the spring of 2003 while stationed at the Qarmat Ali water plant in Iraq. U.S. troops provided security for those working to restore operations at the plant.

Sodium dichromate is a toxic chemical that was used at the site as an anti-corrosive. It contains nearly pure hexavalent chromium, a highly potent carcinogen and mutagenic substance.

The suit suggests that the defendants - Kellogg Brown and Root Services Inc. and KBR Technical Services, both of Delaware - knew or should have known about both contamination at the site and the dangers of exposure to hexavalent chromium. It also asserts that the companies concealed facts about the dangers of the contamination and exposure to the toxic substance at the water plant.

The suit continues that many of the national guardsmen have suffered from such health conditions as respiratory system tumors, auto-immune disorders, digestive disorders "and other disorders characteristically associated with hexavalent chromium exposure."

Exposed people will require ongoing, expensive follow-up care in the future and their health will need to be monitored, it is stated in the court filing.

Moundsville attorney Jeff Kessler of Berry, Kessler, Crutchfield, Taylor and Gordon is representing the soldiers and filed the legal work.

Kessler also serves as a state senator and has announced that he will seek the governor's office in 2012.

National Guard members from Texas, Indiana and Pennsylvania also were working in the area of the Qarmat Ali water plant in the spring of 2003. Similar suits have been filed in federal court in those states on behalf of their soldiers.

But Kessler believes his filing in Marshall County is the first to be filed in a state court.

"It occurred to me that these two businesses are doing business in West Virginia," he said. "I don't think it's right to have our folks go to Houston or elsewhere to have their claims litigated."

The soldiers have been suffering from such conditions as inflammatory bowel disease, blot clots, dizziness and bleeding from the nose. Kessler said it seems "too coincidental" that otherwise healthy young men would all be suffering from the same ailments.

"Clearly these folks were exposed," he continued. " Hexavalent chromium is one of the most deadly chemicals known to man. Once it is absorbed into the system, there is no getting it out. These guy were just sitting outside eating their lunch, and the wind was blowing it all over them."

The U.S. Department of Veterans Affairs will begin hearings on the matter Thursday, and Kessler credited the efforts of U.S. Sens. Robert Byrd and Jay Rockefeller with pushing the issue in Congress.

KBR spokeswoman Heather Browne said she hadn't seen a copy of the lawsuit and declined to comment. KBR said in August that it wasn't responsible for the sodium dichromate at the site.

Member Comments
View Comments: | 1-25 |26-32 | Post a comment
TyrannyISBipartisan
10-08-09 8:31 AM
Hey, Ellis...google : Former Guardsmen Tell Senators about Exposure to Deadly Chemical ...there's your data...

Santaceta
10-07-09 11:18 PM
What difference does it make that the lawyer, Jeff Kessler, defending this lawsuit, is running for governor? That's just a free plug for his campaign ... there is no reason for that to have been mentioned in this story.

EllisWyatt
10-07-09 6:27 PM
Wasn't the city of Wheeling recently forced to send out a letter in which it had to admit that its' water was potentially harmful to many people?

Do you work in an office under flourescent lights? Do you work nights? Do you live near an Ohio Valley factory or power plant? Do you swim in the river? Do you drink out of plastic water bottles?

The point is, we are all exposed to chemicals on a daily basis. Each person's system will work differently.

Do I think the soldiers were harmed by chemicals? I don't know. Were they involved in any kind of NBC training? I know that I was exposed to live agents during my time in the service. Even though you wear protective gear, how can you be certain that you were not harmed?

We were given 24 or 26 shots and not told what they were for. Should I sue?

If contractors knowingly engaged in actions that harmed our soldiers, those involved should be in prison or publicly executed.

Let's see the data first.

formerohvalleyresident
10-07-09 6:13 PM
" the company dumped him in a war zone with poorly trained, unskilled co-workers whose inability to follow simple instructions left him ...."

That is no different than any company I ever worked for- a war Zone with idiot coworkers! They can't speak English, they can't read and write ... It is called "Dilbert"!! Or your typical McDonalds!

Note to wrecker driver-- QUIT!!!!

wonderwhy
10-07-09 5:24 PM
To our soldiers:

Good luck in your efforts with this lawsuit.

I personally know some of you. I will keep you in my prayers and hope that you will succeed with this suit. Thank you for your service.

wonderwhy
10-07-09 5:21 PM
We have written previously on the shocking conduct of KBR in Iraq. Now a retired Pittsburgh soldier, Glen Bootay, has joined dozens of others nationwide in suing the well-connected governmental contractor for exposure to a dangerous chemical while he guarded a water treatment plant in Iraq. As you will recall, KBR is the same firm that has also been sued for faulty systems that led 18 soldiers to be electrocuted in barracks during the Iraq war.

The Bootay lawsuit, filed in federal court, concerns exposure to sodium dichromate while the solider was deployed in 2003 at the water plant which KBR was hired to rebuild. Bootay, a 30-year-old, is disabled and takes up to 35 medicines because of the chemical exposure. KBR should settle his claim, all of the other claims that have been filed, and any others that are still out there.

wonderwhy
10-07-09 5:20 PM
Two Oklahoma veterans of the war in Iraq have filed a federal lawsuit claiming that Halliburton Co. and KBR Inc. have “callously exposed and continue to expose soldiers and others to toxic smoke, ash and fumes” in Iraq and Afghanistan.

David Green, of Miami, Okla., and Nick Daniel Heisler of Lawton say in the complaint filed in Tulsa that they are seeking “redress for American soldiers and others deployed to Iraq and Afghanistan who were poisoned” by the companies.

The plaintiffs’ attorneys in the case are Armando Rosell of Oklahoma City as well as William O’Neil and Elizabeth Burke of Washington, D.C.

O’Neil said Friday that the filing of the Tulsa case late Thursday brought the total number of such lawsuits filed by the firm in the nation’s federal courts to 21.

The majority of the cases involve smoke-related injuries from burn pits

wonderwhy
10-07-09 5:18 PM
A Griffin wrecker driver who signed on with Houston-based Kellogg, Brown & Root to work in Iraq says the company dumped him in a war zone with poorly trained, unskilled co-workers whose inability to follow simple instructions left him injured and unable to work. On Tuesday, his lawyers filed a class action lawsuit in Fulton County Superior Court in Georgia outlining Curtis "Bubba" Coffey's own experiences with the multinational contractor and pointing to several other highly publicized reports of deaths, accidents and sexual assaults allegedly tied to the company. Similar actions have been filed in other court jurisdictions across the nation with mixed results. The complaint, filed on the same day a Congressional Budget Office report estimated that the United States spent more than $85 billion on contractors in Iraq between 2003 and 2007, targets KBR and nine subsidiaries, describing them as a "sham" and "corporate fiction" designed to "perpetrat

wonderwhy
10-07-09 5:13 PM
WASHINGTON, April 28 /PRNewswire/ — Nine new lawsuits allege that KBR, Inc. jeopardized the health and safety of American soldiers and contractors in Iraq and Afghanistan by burning vast quantities of unsorted waste in enormous open-air burn pits with no safety controls.

The lawsuits are being filed today and Wednesday in state courts in Alabama, California, Georgia, Illinois, Minnesota, Missouri, New York, North Carolina, and Wyoming by the Burke O’Neil LLC law firm and co-counsel on behalf of 21 named current and former military personnel, private contractors, and the families of men who allegedly died as a result of exposure to toxic emissions from KBR burn pits.

formerohvalleyresident
10-07-09 4:32 PM
Thanks for the intelligent post, Reactionary. KBR could very well be negligent and guilty as H*ll. Don't know. Maybe somebody did not do their "due dilligence."

A laundry list of "dangerous chemicals" by itself is not guilt, these likely exist at the Wheeling water treatment facility as well! Being in the Military is dangerous. Being a Fireman is REALLY dangerous! The issue is "knowingly and needlessly" putting troops in harms way.

But Haliburton and KBR get business because NOBODY ELSE wants to bid it. Who can "build a water treatment facility in a dangerous country, supply the workers, the private security forces, provide housing, medical, food, etc.? Doggone few companies and all for 8% profit margin? Not me!

Reactionary
10-07-09 3:52 PM
FORMER'--Your point is close to mine. There is no way I can believe that KBR took over this site and just started working.

I believe they KNEW the stuff was there and just didn't do anything about it, because the laws in that area didn't require it.

There is a environmental protocol to adhere to in the US. But US laws do not apply overseas.

I am ready to believe that KBR was reckless and negligent to the extent that they obeyed the local laws, but never tested the site because they were not required to.

formerohvalleyresident
10-07-09 2:59 PM
Some of you own a product, which is so dangerous under certain circumstances it can explode and catch fire, leveling a house with the explosive force. It has voltages in excess of 500V at 100 amps which can electrocute a person instantly. It produces carbon Monoxide, an odorless gas that is lethal in small quantities without adequate ventilation. It contains ethylene glycol, which can kill children and pets due to its sweet taste but lethal chemical compounds. It emits toxins from the outgassing of its plastics in a confined space. It can leak corrosive oil deposits, which pollute the environment. OMG! Why doesn’t the government BAN this horrible product? Obama WANTS you to buy it!!

It is called a Toyota Prius!

My POINT: manufacturing is dangerous, the military is dangerous, LIFE is dangerous! The question is: were the troops UNNECESSARILY exposed due to negligence and incompetence beyond reasonable safety guidelines? THAT will be decided in court.

GoochStephens
10-07-09 1:38 PM
Ellis..I don't know if illegals are bringing in desease or not..but I do know that living in Az, my children must be up to date on all their shots due to the large amount of people that cross into America from Mexico. Also illegals do commit crimes here..An Ex..An illegal drove drunk and killed 2 people. I witnessed the accident and testified..He was convicted to 8yrs then deported to probably returned again. You are correct concerning health care. Illegals have cost this state a ton of $$. Yet a disabled American Veteran is almost ignored.

Reactionary
10-07-09 1:18 PM
I am more than willing to go along with the fact that as Brown & Root is an American Company, they would have information on ALL chemicals, currently in use.

For them to go into a foreign site, without prior scanning or testing is inexcusable.

For them to say that they "didn't know" is a lie.

KBR should be held accountable and the soldiers "made whole" as much as possible.

NO EXCUSES! NO APOLOGIES! NO EXCEPTIONS!

NO AMERICAN COMPANY WOULD BE ABLE TO DODGE RESPONCIBILITY FOR ACTIONS LIKE THAT HERE AT HOME.

billybob
10-07-09 11:07 AM
Main problem is guards done in by the very people they were protecting. Not only a war that shouldn't have been with not enough personal soldier protective gear but our own in danger from shoddy plans. If overall a company made a limited profit and one sections gouging was watered down something stinks here and I know I took a bath last night. Of course holyburton now being an out of the country business a good look at the books would make Sir Stanford look like an angel by my guess! The old rule liars figure and figures lie! WMD's I am only sorry that these troops were put in harms way in my name under false facts in Iraq. For my daddy!

wonderwhy
10-07-09 10:21 AM
it would be completely understandable that Ellis is siding with a big corporation over the troops.

JHIreland
10-07-09 8:50 AM
Don't forget who has a hand in this company. Yes, good old Dick Cheney are trusted VP for 8 years. This man was the real reason we went to Iraq in the first place. It shows the only care he had was $$$.

wonderwhy
10-07-09 8:30 AM
Ellis-

you also didn't comment on the electrocutions from shodding wiring..wonderwhy?

wonderwhy
10-07-09 8:28 AM
Ellis-

you left out the money that was given to Haliburton that is unaccounted for. imagine that!

EllisWyatt
10-07-09 8:18 AM
Sorry, my mistake. 8% was actually too high. Now, for those of you who do not understand economics, it matters not how much one division makes. It matters what the corporation, in this case, Halliburton, makes.

Halliburton-1999-2008 (10 years)

Revenues: $166.31 billion

Profits: $8.694 billion

Profit margin: 5.23% (GOUGING!)

As for illegals, they ARE bringing disease. Sorry, just a fact. The CDC reported that illegals from Mexico are bringing in drug resistant strains of TB. TB was almost eradicated in this country, until illegals brought a new form. They also bring Chagas Disease, Leprosy, Dengue Fever, Polio, Malaria, Kawasaki Disease, and Hepatitis A & B, just to name a few. These diseases can be traced to illegals.

Care to argue?

reasoh
10-07-09 7:45 AM
While you morons argue about Bush and Obama the congress is tearing up our country. No president can spend money without congressional approval whether its a no-bid contract or not. Don't be fooled by this corrupt group of finger pointers. Vote all incumbents out. He maybe a crook but he's our crook ain't going to fly any longer.

boxerboy
10-07-09 7:25 AM
NancyAI, the "NR Reach-Around Gang?" that's hilarious but a disturbing image to process at 7:30 in the morning, hehe.

boxerboy
10-07-09 7:22 AM
8% of a gazillion is a "significant amount of money."

TyrannyISBipartisan
10-07-09 6:50 AM
and Obama is just a puppet...

TyrannyISBipartisan
10-07-09 6:47 AM
Wow Ellis..you are a bright one...illegal immigrants didn't STEAL jobs...they were given to them by big corporations that don't want to pay you crap...as far as new diseases..are you suggesting the swine flu? another false accusation on your part as well..google the list of dead microbiologists that are in connection with this pandemic...and the illegals have committed tens of thousands of crimes against us and stolen 50 billion per year? My god, what corporate funded mainstream media have you been taking notes from? You wanna know who is raping us? Big bankers...audit the*****fed...see where our money is...This country was bought and paid for a long time ago and you are just a fool to buy into their little game of divide and conquer...so spare us your so called facts...

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