Federal Court Allows Burn Pit Claims to Proceed Against Halliburton & KBR

A Federal Court Judge has ordered that claims against military contractors, KBR (Kellogg Brown and Root) and Halliburton, may proceed. Sick soldiers deployed in Iraq and Afghanistan filed claims against the corporations because of "alleged failures of the military contractors to treat water and dispose of waste in a manner required" by their contract with the US Military.

Judge Roger W. Titus, in his 41 page opinion, dismissed the jurisdictions of the defendants and is allowing limited discovery to go forward. He also invited the participation of the US Government as an "amicus curiae, "friend of the Court," in formulating the discovery plan.

A lawsuit is currently pending against Kellog Brown & Root (KBR) and Halliburton on behalf of soldiers who were exposed to burn pits in Iraq and Afghanistan.  The corporations were awarded US logistical contracts to support military in the war theaters.

In its ruling the Court stated, "In tension with the exercise of caution supported by these legal defenses is the legitimate concern that the judiciary may prematurely close courtroom doors to soldiers and civilians injured from wartime logistical activities performed by hired hands allegedly acting contrary to military-defined strictures. Courts must be prepared to adjudicate cases that ultimately expose defense contractors to appropriate liability where it is demonstrated that they acted outside the parameters established by the military and, as a result, failed to exercise proper care in minimizing risk to service members and civilians."

Soldiers returning from Iraq and Afghanistan have report illnesses, including: cancers, respiratory disease, skin disorders and cancer following there tours of duty. Six deaths have been reported from early onset of leukemia and many more under treatment for malignancies.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Related Articles

Halliburton, KBR Ordered by Judge to Face Military Suits Over Pit Burning (Bloomberg)

National Guard Veterans Allowed to Proceed Against KBR

A US District Court Judge in Oregon has ruled that national guard veterans will be allowed to proceed in a suit against KBR (Kellog Brown and Root) for their exposure exposure to sodium dichromate and resultant hexavalent chromium poisoning while stationed as Oregon National Guardsmen in Iraq and assigned to duty at the Qarmat Ali water plant in 2003. The soldiers allege serious injuries and adverse health effects because of their exposure to sodium dischromate at the Qarmat Ali plant. 

KBR entered into a contract with the US Military to provide logistical support during the Iraq conflict. The injured soldiers alleged that KRB was negligent and committed fraud in connection with the provision of services under the contract.

In Court permitted the claim to go forward against KBR for the soldiers, "...exposure to sodium dichromate and resultant hexavalent chromium poisoning while stationed as Oregon National Guardsmen in Iraq and assigned to duty at the Qarmat Ali water plant in 2003 [for the failure of KBR to take] precautions to safeguard personnel who might potentially be exposed to environmental hazards at worksites, including the wearing of protective gear and/or the closing down of operations at any unsafe site."  

The Court held,"Defendants here assert that their "provision of engineering and logistical support services at Qarmat Ali" took place pursuant to the specifications of a contract with the government, and that they did not exceed their authority under those specifications. On this basis, defendants argue that they were merely "executing the will of the United States" and are entitled to the benefits of derivative sovereign immunity. The evidentiary record belies both of defendants' assertions."

A lawsuit is currently pending against Kellog Brown & Root (KBR) and Halliburton on behalf of soldiers who were exposed to burn pits in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

Related articles

• David Isenberg: KBR: Private Military Cancer (PMC) Provider? Part II (huffingtonpost.com)
• Oregon Veterans Suit Against KBR Can Continue (abcnews.go.com)
• David Isenberg: Veterans 1, KBR 0 (huffingtonpost.com)
• Poisoned By Burning Trash
• Army Shifts Treatment of Ill Burn Pit Soldiers Diagnosed with Constrictive Brochiolitis