| GIs, VETS SUE KBR OVER TOXIC
BURN PITS Claim KBR
jeopardized the health of soldiers in Iraq and Afghanistan by
burning vast quantities of unsorted waste in enormous burn pits.
Complete background on the burn
pits of Iraq and other toxic exposure issues is found on the
Iraq War Toxins page.
KBR Faces Wrongful Death, Toxic Exposure Claims Over Iraq and
Afghanistan Burn Pits, According to Burke O'Neil LLC
WASHINGTON, 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.
KBR is accused of allowing
thick, noxious smoke - coming off of flames sometimes colored blue
or green by burning chemicals - to hang over U.S. bases and camps
across Iraq and Afghanistan since 2004. Round-the-clock hazardous
emissions from the burn pits allegedly caused serious respiratory
illnesses, tumors and cancers in the plaintiffs.
According to the complaints,
"U.S. soldiers and other residents of the military bases and camps
have become seriously ill, been diagnosed with serious and
potentially fatal diseases and in some cases have died from the
physical injuries and diseases caused by the exposure to hazardous
smoke and fumes."
The burn pits are so large that
tractors are used to push waste onto them and the flames shoot
hundreds of feet into the sky, according to the lawsuits. KBR
allegedly burned waste such as biohazard materials including human
corpses, medical supplies, paints, solvents, asbestos, items
containing pesticides, animal carcasses, tires, lithium batteries,
styrofoam, wood, rubber, medical waste, large amounts of plastics,
and even entire trucks.
Attorney Elizabeth Burke, of
Burke O'Neil LLC, stated, "KBR knew or should have known that
operating vast open-air burn pits jeopardized the health and
safety of thousands of Americans. The hazards of operating large
open air burn pits were well known. KBR showed an utter disregard
for the safety of the troops when they chose to use open air burn
pits and failed to use incinerators and other safer methods of
waste disposal."
The plaintiffs include:
-- Robyn Sachs, of Buffalo, N.Y., whose husband Christopher J.
Sachs, died
in November 2008 of complications of leukemia allegedly caused by
his
prolonged exposure to KBR burn pit smoke, fumes and ash during his
military service in Iraq.
-- Melissa Ochs and Joanne Ochs, of Fuquay Varina, N.C., the
surviving
spouse and mother, respectively, of Iraq and Afghanistan veteran
Steven
Ochs, who died, in July 2008, from the same type of leukemia as
Mr.
Sachs, allegedly caused by exposure to KBR burn pits.
-- Albert Paul Bittel III, of Golden, Mo., an Army veteran who was
stationed at Balad Air Force Base in Iraq, where he and his squad
were
exposed to KBR burn pit
emissions. Upon his return from Iraq, he was
diagnosed with cancer of the testicles, stomach and lymph nodes.
After
surgeries, radiation therapy, and chemotherapy, he continues to
suffer
from memory problems and chronic numbing and swelling of his feet
and
hands and was forced to end his military career.
-- James Morgan, of Statesville, N.C., who served in Iraq and was
stationed
at a guard tower located directly above KBR's Balad Air Force Base
burn pit, suffered from chronic cough and respiratory problems
before
developing lung cancer which has spread to his back.
-- Michael Auw, of Hesperia, Calif., a disabled former soldier who
was a
guard in the tower located directly above the enormous burn pit at
Balad
Air Force Base and who is now completely disabled due to severe
neurological damage as a result of constant extreme exposure to
toxic
emissions from the burn pits.
-- Michael Douglas Moore, of Hinesville, Ga., a former soldier who
was
stationed at and then medically evacuated from Balad Air Force
Base
after burn pit emissions exposure. His exposure to the burn pit
emissions caused severe respiratory disease and he later underwent
jaw
surgery to address related breathing problems and sleep apnea and
was
left with facial scars and lasting medical effects.
Other named plaintiffs are Richard Ronald Guilmette, of
Enterprise, Ala.,; Albert Paul Bittel III, of Golden, Mo.; Cory
Casalegno, of San Diego, Calif.; Michael Douglas Moore, of
Hinesville, Ga.; David U. Lackey, of Moline, Ill.; Randall L.
Robinson, of Cherry Valley, Ill.; Dean Guy Olson, of Owatonna,
Minn.; Fred Robert Atkinson, Jr., of Plattsburgh, N.Y.; Jennifer
Montijo, of Watertown, N.Y.; Steven A. Flowers, a New York
resident who is serving abroad; David Newton, of Spring Lake,
N.C.; Chris Boggiano, of Huntersville, N.C.; Benny Lyle Reynolds,
Jr.; of Fort Bragg, N.C.; Earl Chavis, of Pembroke, N.C.; SMSgt
Glen S. Massman of Warren AFB, Wyo.; and Ssgt Wendy L. McBreairty,
of Cheyenne, Wyo.
The
collective claims against the defendants include wrongful death,
negligence, battery, breach of duty to warn, medical monitoring,
future medical expenses, intentional infliction of emotional
distress, and breach of contract.
The legal team for the
plaintiffs intends to seek class certification of the lawsuits to
cover costs of medical monitoring, future medical expenses, and
other damages for other individuals exposed to KBR burn pit
emissions.
Ms. Burke stated, "KBR promised
to minimize the environmental effects of the burn sites they
operated in Iraq and Afghanistan and to minimize smoke exposure to
people in and near the bases and camps. Instead, by forsaking
safety for money, KBR willfully endangered these men and women who
honorably served their country in military service or in support
of the military."
The defendants are KBR, Inc., of
Houston; Kellogg, Brown & Root LLC, of Austin, Texas; Kellogg,
Brown & Root Services, Inc., of Houston; and Halliburton Company,
of Houston.
The first five cases filed today
are:
-- "Richard Ronald Guilmette, et al., v. KBR, Inc., et al.," in
the Circuit Court of Alabama, Twelfth Judicial Circuit, Coffee
County,
Alabama (71-CV-2009-900036.00).
-- "Dean Guy Olson, et al., v. KBR, Inc., et al.," in the
District Court of the State of Minnesota, Third Judicial District,
Steele County, Minnesota (74 CV091013).
-- "Michael Douglas Moore, et al., v. KBR, Inc., et al.," in the
Superior Court of Georgia, First District, Atlantic Judicial
Circuit,
Liberty County, Georgia (09-SV-169).
-- "Fred Robert Atkinson, Jr., et al., v. KBR, Inc., et al," in
the Supreme Court of the State of New York, 8th District, Erie
County,
New York (filing confirmed).
-- "David U. Lackey, et al., v. KBR, Inc., et al.," in the
Circuit Court for Cook County, Illinois (filing confirmed).
Additional cases will be filed today and Wednesday in state courts
in San Diego County, Calif., Barry County, Mo., Wake County, N.C.,
and Laramie County, Wyo.
Attorney Contact: Elizabeth
Burke, of Burke O'Neil LLC, Charlottesville, Va., 434.249.1275.
Media Contact: Erin Powers,
Powers MediaWorks LLC, for Burke O'Neil LLC, 281.703.6000.
SOURCE Burke O'Neil LLC
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