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By Mike Francis, The Oregonian

Lawyers for Oregon National Guard soldiers suing defense contractor KBR Inc. said this week the Houston-based company deliberately concealed a document proving it knew before the invasion of Iraq of the presence of a deadly carcinogen at a water treatment plant in the southern part of the country.

The soldiers’ lawyers are asking the Portland-based federal judge hearing the soldiers’ case to order a range of sanctions against KBR, including the award of attorneys’ fees and to revoke KBR’s attorney-client privilege.

KBR’s lead lawyer calls the charges “histrionic” and “just plain false.” And he said he would respond by calling for the judge to impose sanctions against the soldiers’ lawyers.

“I see the motion for what I think it is,” said Houston lawyer Geoffrey Harrison by phone Wednesday. “It is to distract attention from the lack of merit and to distract attention from the plaintiffs’ lawyers and experts inability to prove with evidence the hyperbolic claims they have made.”

The trial before U.S. District Judge Paul Papak is set to begin Oct. 9, but the soldiers’ lawyers say the discovery of the new document could force a delay.

Michael Doyle, a Houston lawyer representing the Oregon soldiers, said an environmental assessment that Kellogg, Brown and Root completed for the U.S. government before the invasion of Iraq, was finalized in January 2003 — a full five months before the company said it had found evidence of the toxic material, sodium dichromate. But he said KBR hasn’t admitted the existence of the assessment, much less its significance, despite repeated questions from the soldiers’ lawyers.

“They went to great lengths to conceal the existence of it,” he said by phone Wednesday.

The documents show KBR knew Iraqis ordered 8 million pounds of sodium dichromate to keep pipes from corroding, and that the company expected lax environmental maintenance and “lamentable” conditions.

The soldiers say they only learned of the alleged misrepresentation in late February, after a Department of Defense inspector general investigation directed them to the 2002 KBR assessment of the plant.

But Harrison, KBR’s lawyer, said the plaintiffs’ lawyers knew almost two years ago that KBR had completed and studied a series of contingency planning documents in preparation for the work at Qarmat Ali and elsewhere in Iraq. He said KBR had complied years earlier with a government directive to destroy or return the documents and that it since has “fully complied with its discovery obligations” in the case.

The lawsuit’s roots lie in the spring and summer of 2003, when Oregon National Guard soldiers and other U.S. and British troops provided security for KBR contractors who were trying to restore a damaged water treatment plant used to help produce Iraqi oil. Among the substances at the plant was a carcinogenic compound called sodium dichromate, which contains hexavalent chromium and is used to prevent corrosion.

Some of the Oregon soldiers have developed symptoms, including nosebleeds, skin rashes and respiratory problems, which their lawyers say were caused by exposure to the chemical compound. And they say their exposure increases their risk of developing cancer. At least two Indiana National Guard soldiers who served at Qarmat Ali have died from causes that could be related to exposure to sodium dichromate.

KBR has said in court there is no proof to support claims that soldiers were sickened from exposure to sodium dichromate and has argued repeatedly that it didn’t know the compound was present at Qarmat Ali until the middle of 2003, after soldiers were already stationed at the water treatment plant.

Guard soldiers from Oregon, Indiana and West Virginia who provided security at the Qarmat Ali water plant are involved in suits against KBR.

The U.S. Defense Department’s inspector general issued a report in late September that faults KBR for failing to comply with safety and health standards at the plant and not acting as quickly as it could have to protect soldiers and civilians from exposure. Nearly 1,000 Army soldiers and civilian employees being exposed to sodium dichromate over five months.

Before filing the motion on Wednesday, the soldiers’ lawyers conducted a deposition with John Weatherly, the lead contractor liaison with the U.S. Army Corps of Engineers.

He was asked by the soldiers’ attorneys how clear it was, given the newly-revealed assessment, that KBR knew of the chemicals at the latest by January 2003.

“From the dates on the documents,” he said, “it should be obvious.”

– Mike Francis

– The Associated Press contributed to this report.

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By Associated Press, Updated: Wednesday, April 4, 11:36 AM

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Iraq veteran is cancer ‘timebomb’

AN Iraq War veteran from Skegby has spoken of his fear he may develop cancer as a result of the deadly chemicals he was exposed to while serving in Basra.

Cpl Jon Caunt (35) undertook five tours of Iraq between 2003 and 2007 when he and other members of the RAF Regiment were exposed to a distinctive orange powder at the Qarmat Ali water treatment plant.

British troops, who were working alongside US forces and staff from private contractor Kellogg, Brown and Root (KBR), did not know the orange powder was in fact Sodium Dichromate, which contains a cancer-causing compound.

It is banned in many countries and had been used to stop pipes rusting.

The soldiers were responsible for restoring the plant so Iraqi people could resume oil production in a bid to rebuild their economy after the war – but they had no protection from the chemical and would often sleep on the ground surrounded by it.

Cpl Caunt said: “You have got to understand that we were breathing it in, we were firing in it and it was blown up by the wind – this stuff was everywhere.”

It was only when he was later contacted by Sgt Andy Tosh and underwent a medical examination in April this year that he became aware of the serious threat the exposure had to his health.

He said: “Until I went for the medical, I did not realise how serious it was. When I got the results back, I did not want to look at them.”

Cpl Caunt’s medical revealed he already had the symptoms of several diseases, including respiratory, stomach and skin diseases.

“I have had skin complaints for a while, but I just dismissed it and never really thought anything of it until this came up,” he said.

“I am still fit because I am still serving but I lose my breath a lot more than I used to. There are quite a few of the RAF Regiment lads who are ill and it’s down to the exposure.”

Cpl Caunt fears he could be a ‘cancer time bomb’.

“It could be next year or it could be in 10 years – let’s hope it never happens,” he said. “But it’s a worry I have got to live with I’m afraid.”

Represented by US law firm Doyle Raizner, Cpl Caunt is now one of more than 100 British and American National Guard soldiers to have launched a lawsuit against American firm KBR – who they say knew there was a danger but did not inform them.

“All we want is annual medical screening and if and when we do start to show signs of illness that it is all paid for,” he said.

“It is not about monetary compensation, it’s about answers. Why were we there when they knew that chemicals were all over the ground?”

Officials at KBR have denied the claims, describing them as ‘unproven, incorrect and baseless allegations’.

A spokesman has said: “KBR is proud of its work in Iraq and is honoured that the US military repeatedly has chosen KBR to perform the important work of supporting US troops overseas.

“KBR remains committed to providing the US military with the high-quality service for which we have consistently been recognised.

“The company also remains committed to conducting its business with transparency and integrity.”

The MOD declined to comment when contacted by Chad.

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National Guardsmen suing KBR for chemical exposure

December 30, 2009 Wednesday
NBC Nightly News 6:30 PM EST NBC

NBC News Transcripts
ANCHORS: BRIAN WILLIAMS
REPORTERS: LISA MYERS

We’re back and we have an NBC News investigation tonight that takes us back to Iraq in 2003, after the combat phase of the war was over. American troops were working alongside contractors from private corporations, racing to get that nation’s oil flowing again, as you’ll recall. Tonight we bring you the story of some Army National Guardsmen who are suing the defense contractor KBR, accusing the company of putting them in a different kind of danger in the war zone. Here is our senior investigative corespondent Lisa Myers.

Mr. LARRY ROBERTA: Independence Hall.

LISA MYERS reporting:

When National Guardsman Larry Roberta went to Iraq, he expected sandstorms, physical hardship, perhaps even combat. What he didn’t expect was this: orange dust all over the place at a plant where his unit was assigned to provide security for contractors working for Kellogg Brown and Root, KBR. The workers were repairing the Qarmat Ali water treatment plant, needed to supply water to Iraqi oil fields.

Mr. ROBERTA: You could taste stuff in the air that–it had a really strange metallic taste.

MYERS: Roberta and others say the dust was throughout the plant and the grounds, and permeated the air during sandstorms.

Mr. ROBERTA: And it blew up in my face and on my chicken patty and my mouth and stuff like that. I didn’t really think a whole lot of it, other than it tasted really bad, and made me throw up and burned.

MYERS: Another Guardsman, Captain Russ Kimberling, says he asked KBR officials what the orange dust was.

Captain RUSS KIMBERLING: And what we got from them was it’s a mild irritant.

MYER: The orange dust actually was a highly toxic chemical, sodium dichromate, which had been used by the Iraqis prior to the war to prevent corrosion in pipes. Scientists have found that the chemical can cause lung cancer in humans. There were hundreds of bags of it at the plant, clearly labeled. Six years later, several Guardsmen who spent time at the site have reported rashes, perforated septums and severe respiratory problems. Former Lieutenant Colonel James Gentry developed a rare lung cancer. First Sergeant David Moore developed lung disease.

Larry Roberta, who hiked up Mount Sinai before he went to Iraq, now struggles to catch his breath when he walks. He has serious stomach and liver issues, migraines and acute respiratory problems.

Mr. ROBERTA: You almost feel like you’re–like you’re drowning. Like you want to breath but you just can’t.

MYERS: A KBR spokesman says the company immediately notified the Army as soon as it discovered there was sodium dichromate contamination at the plant. That, the company says, was in late July 2003. But an internal KBR document says a company technician actually identified the chemical at the site in May. Yet another KBR document warns of potential contamination at the site, and suggests testing and cleanup. It’s dated June 21st, more than a month before the Army was alerted. It wasn’t until late August that the Guardsmen became aware of the danger, and then only because they saw images like this, KBR workers wearing white chemical suits.

Capt. KIMBERLING: They were in full protective chemical gear, you know, from head to toe. I kind of looked at one of my men and just said, `This can’t be good, can it?’

MYERS: These and other Guardsmen are now suing KBR, charging that the company knowingly endangered their lives. KBR strongly denies wrongdoing. The company says it was the Army’s responsibility to ensure the site was free of environmental hazards and that tests done by the Army concluded that no soldier encountered a significant inhalation exposure. The company also disputes claims that the chemical made Guardsmen sick. We went to one of the foremost experts on sodium dichromate, Dr. Herman Gibb.

KBR says that there was simply no evidence that soldiers were harmed by exposure to this chemical.

Dr. HERMAN GIBB: I don’t see how they can say there’s no evidence. I mean, they experienced symptoms that are consistent with sodium dichromate exposure. The exposure must have been fairly significant to be associated with these symptoms.

MYERS: Since our interview, Dr. Gibb has been hired by lawyers representing the Guardsmen to review material for their case. Recently the Army acknowledged that 700 soldiers may have been exposed to the chemical at the plant. The Defense Department is now investigating. David Moore died last year at age 42. James Gentry died the day before Thanksgiving. Larry Roberta struggles just to get through each day.

Capt. KIMBERLING: They said it was a mild irritant. That’s what I told my soldiers, and suck it up and drive on with the–with the mission.

Mr. ROBERTA: IF KBR did now…(clears throat)…excuse me—about this before we were there, it should have been rectified.

MYERS: Lisa Myers, NBC News, Washington.

WILLIAMS: When NBC NIGHTLY NEWS continues in just a moment, who do we admire most these days in this country? Some new poll numbers are out tonight.

by Melissa Swan of WHAS-ABC 11 (Louisville, KY)

(WHAS11) – Indiana National Guard troops gathered to say goodbye to one of their commanding officers on Tuesday, Lt. Colonel Jim Gentry. Gentry believed his terminal cancer was directly related to his service in Iraq and even after death the 52-year-old Indiana National Guard commander is continuing a fight for his troops through a lawsuit.

Veterans from several wars held the stars and stripes as members of Jim Gentry’s family, both by blood and by military arrived for a final, formal goodbye.

“He was the type of person that loved the challenge, loved soldiers, loved to work with soldiers,” said Major General Dan Colglazier, a retired member of the Indiana National Guard.

Inside the chapel, were many of Jim Gentry’s soldiers, their patches for the infantry and for Indiana worn proudly on their sleeves.

Gentry entered the Army in 1981 as an infantry man and rose to the rank of Lieutenant Colonel. He was among the first National Guard troops in the country to be deployed to Iraq. There he commanded soldiers throughout the country.

“We always talked about how to take care of the troops and how to fulfill his mission..Never about how he was doing, what kind of condition he was in..It was always his soldiers and the unit and the mission,” added Maj. General Colglazier.

It was during Gentry’s first tour of duty, in 2003, he and other Indiana National Guard soldiers first noticed a yellow substance in the sand near Basra.

They were guarding American contractors restoring the Iraqi oil fields. That yellow substance was later confirmed to be a cancer causing chemical, sodium dichromate.

Gentry would later come to believe that the sodium dichromate led to his terminal cancer.

Before his death, Gentry joined in a federal lawsuit against KBR, the American military contractor restoring the Iraqi oil fields.

More

by Melissa Swan of WHAS-ABC 11 (Louisville, KY)

Toxic Tour of Duty: Part 2

by Melissa Swan of WHAS-ABC 11 (Louisville, KY)

(WHAS11)–Russ Kimberling has nearly 2,000 images from Iraq on his computer.  They chronicle his duties there as a captain in the Indiana National Guard.

Kimberling now pours over the pictures wondering why he and other soldiers weren’t warned about a yellowish substance in thesand at Qarmat Ali, a water injection plant near Basrah.

Kimberling recently told me, “If it came up they would say don’t worry about it.  It’s a mild irritant.  It’s not a big deal.  You may get
a bloody nose.  It’s not a problem.”

He says he got that “don’t worry” message from workers with KBR, an American contractor headquartered in Houston, Texas and at the time owned by Halliburton.

KBR was restoring Iraqi oil fields.   The guard members were protecting the private contractors.

Clinton Hammack is a retired National Guard soldier from Tell city who says he wasn’t too concerned about what he calls “dirty sand.”  He says “You know I didn’t worry about it.  I did what I was there to do – take care of the contractor.”

The yellow substance in the sand was later confirmed to be sodium dichromate.  The Environmental Protection Agency calls it a human carcinogen.

It was used as an anti-corrosive at the Qarmat Ali plant before the Americans arrived.  It may have been spread by Iraqis to sabotage the site at the beginning of the American invasion.

Currently 51 Southern Indiana National Guard members have filed a federal lawsuit against KBR claiming the company knew about the chemical and endangered the soldiers’ health.

Kimberling says one day in Iraq he realized the yellow substance might be more than a mild irritant.

He says, “I remember that day when we jumped out, jumped out of the vehicle.  I’m kicking the ground around.  I’m kicking the ground and everyone’s in chemical gear all protected but not me or any of the soldiers.”

He says the people in the protective gear were managers from KBR.  He remembers thinking at the time, “They know something we don’t and it can’t be good.

Mike Doyle the attorney for the National Guard Members who have filed suit says, “That’s what’s kind of frustrating about it.  You have these fellows they have every reason to expect if KBR knew — and they did — there was this poison they’ll tell them about it.”

Related Stories:

• Toxic Tour of Duty: Part 1
• KBR’s statement and News Release on the Qarmat Ali Water Treatment Plant litigation
• Statements from KBR’s Director of Communications and from Attorney for Indiana National Guard members
• Raw Video: Evan Bayh testifies at a Senate Veterans Affairs hearing
• Toxic Tour of Duty: Site History & Chronological Events
• Information from the EPA on Chromium Compounds

For Original Story Please Click Here.

Washington  – Senator Evan Bayh made the following statement today at a Senate Veterans Affairs Committee hearing about S. 1779, The Health Care for Veterans Exposed to Chemical Hazards Act of 2009:

Mr. Chairman, I want to thank you for the invitation to testify today—and for all you’re doing to ensure that the VA has the tools and authority it needs to help our brave men and women who are returning from Iraq and Afghanistan nursing the wounds of war.

I am here today to testify about a tragedy that took place in 2003 on the outskirts of Basrah, Iraq.

I’m here on behalf of Lt. Colonel James Gentry and the brave men and women who served under his command in the 1st Battalion, 152nd Infantry of the Indiana National Guard.

I spoke with Lt. Col. Gentry by phone last week. He is at his home with his wife, Lou Ann, waging a valiant fight against terminal cancer.

The lieutenant colonel was a healthy man when he left for Iraq. Today, he is fighting for his life.

Tragically, many of his men are facing their own bleak prognoses as a result of their exposure to sodium dichromate—one of the most lethal carcinogens in existence.

The chemical is used as an anti-corrosive for pipes. It was strewn all over the water treatment facility guarded by the 152nd Infantry. More than 600 soldiers from Indiana, Oregon, West Virginia and South Carolina were exposed.

One Indiana Guardsman has already died from lung disease. The Army has classified it a service-related death.  Dozens of others have come forward with a range of serious respiratory symptoms.

The DoD Inspector General just launched an investigation into the breakdowns and gaps in our system that allowed this tragic exposure to happen. Neither the Army nor the private contractor KBR performed an environmental risk assessment of the site, so our soldiers were breathing in this chemical and swallowing it for months.

Our country’s reliance on military contractors—and their responsibility to their bottom line vs. our soldiers’ safety—is a topic for another day and another hearing.

Mr. Chairman, today, I would like to tell this committee about S.1779. It is legislation I have written to ensure we provide full and timely medical care to soldiers exposed to hazardous chemicals during wartime military service.

The Health Care for Veterans Exposed to Chemical Hazards Act of 2009 is bipartisan legislation that has been cosponsored by Senators Lugar, Dorgan, Rockefeller, Byrd, Wyden, and Merkley.

My bill is modeled after similar legislation that Congress approved in 1978 following the Agent Orange exposure in the Vietnam conflict.

The bill ensured lifelong VA care for soldiers unwittingly exposed to the cancer-causing herbicide in the jungles of Vietnam.

Some have called toxic industrial hazards the Agent Orange of the wars of Iraq and Afghanistan.

My legislation would make soldiers eligible for medical examinations, laboratory tests, hospital care and nursing services. It would ensure soldiers receive priority health care at VA facilities. It would recognize a veteran’s own report of exposure and inclusion on a Department of Defense registry as sufficient proof to receive medical care, barring evidence to the contrary.

My legislation will help ensure that we provide the best possible care for American soldiers exposed to environmental hazards during the reconstruction of Iraq and Afghanistan. At a bare minimum, my bill will ensure compassionate care so families are spared the added grief of going from doctor to doctor in their loved ones’ final days, searching for a diagnosis.

The 1978 Agent Orange registry only covered one chemical compound. But my bill is broader. It covers all members of the armed forces who have been exposed to any environmental chemical hazard, not just sodium dichromate. It recognizes a new set of risks that soldiers face today throughout the world.

Senate testimony last year identified at least seven serious instances of potential contamination involving different industrial hazards—sulfur fires, ionizing radiation, sarin gas, and depleted uranium, to name a few.

S.1779 ensures that veterans who were exposed to these chemicals will be eligible for hospital care, medical services, and nursing home care.

It allows the Secretary of Defense to identify the hazards of greatest concern that warrant special attention from the VA.

My bill switches the burden of proof from the soldier to the government. Soldiers exposed to toxic chemicals will receive care presumptively, unless the VA can show their illness is not related to their service.

Exposure to toxic chemicals is a threat no service member should have to face. It is our moral obligation to offer access to prompt, quality care. We should cut the red tape for these heroes.

Mr. Chairman, I promised Lt. Col. Gentry that I would fight for his men here in Congress. I promise I would use my position to get them the care they deserve and to make sure we protect our soldiers from preventable risks like this in the future.

This tragedy will be compounded if we do not take the steps to provide the best medical care this country has to offer.

Thank you for this opportunity to offer testimony today. I urge this committee to adopt S. 1779 to honor the sacrifice of Lt. Colonel Gentry and all of our brave men and women doing the hard, dangerous work of keeping America safe.

###

Doyle Raizner LLP is proud to represent over 75 National Guardsmen from Indiana, Oregon, and West Virginia fighting to uncover the important truth of what KBR knew about the dangerous risk from exposure to the chemicals at Qarmat Ali and what its managers failed to share with dedicated American and British servicemen serving in Iraq.

Our soldiers, including the commander of the Indiana Guardsmen, Lieutenant Colonel Jim Gentry, understood and accepted the risks of enemy action when serving in harm’s way for their nation, but they had no way to anticipate that KBR’s managers, charged with safely completing the Qarmat Ali project, would not fully share all they knew with the men on ground directly exposed to dangerous toxins spread across the plant. 

At Doyle Raizner LLP, we are proud of the fighting spirit of all our clients, and we are especially proud of the men of the United States Army and Army National Guard who are still carrying on the fight for full exposure of what happened at Qarmat Ali.