Five current and former Guard soldiers filed suit against KBR, claiming they were knowingly exposed to hexavalent chromium in Iraq.

NOTE from Larry Scott, VA Watchdog dot Org ... To track all articles about toxic exposures in Iraq, including burn pits and hexavalent chromium, refer to our Iraq War Toxins page.

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Oregon soldiers sue KBR for exposure to cancer-causing chemical in Iraq

by Julie Sullivan
The Oregonian

Five current and former Oregon Army National Guard soldiers filed suit Monday against a war contractor that they say knowingly exposed them to a cancer-causing chemical in Iraq.

The suit alleges that managers from Kellogg, Brown & Root, or KBR, of Houston, knew before the Oregon Guard arrived at the Qarmat Ali water treatment plant in May, 2003, that the site was contaminated by hexavalent chromium, a highly toxic and long identified carcinogen.

The plaintiffs allege the company either failed to do the required testing a month before the Guard arrived, or destroyed the records, to conceal the contamination. KBR also discounted soldiers and civilians bloody noses and other symptoms of exposure as sand allergies.

The Oregon Guard had been assigned to protect civilian employees working at the treatment plant, a key component of Iraqi oil production.

In a written statement Monday, KBR director of communications Heather L. Browne said the company appropriately notified the Army Corps of Engineers, which oversaw the contractor's work.

"KBR has provided the results of environmental testing and assessments to the U.S. Military and will continue to fully cooperate with the government on this issue," the spokeswoman wrote. "KBR did not knowingly harm troops."

According to the suit filed in U.S. District Court in Portland, KBR's health safety manager in southern Iraq knew in May 2003 the plant was contaminated with sodium dichromate, a corrosion fighter that is almost pure hexavalent chromium. (The military believes Saddam loyalists opened and scattered bags of it as they fled the plant.) Plaintiffs allege that KBR managers repeatedly told U.S. and British soldiers there was no danger, even after blood tests on civilian workers later confirmed elevated chromium levels.

The suit says the five plaintiffs developed symptoms of hexavalent chromium poisoning and continue to suffer breathing problems, stomach and esophogeal ulcers and headaches and face a greater risk of cancer and impact on their offspring. The Oregon troops served with the 1st Battalion, 162nd Infantry Division that rotated through duties guardin civilians at Qarmat Ali between April 2003 and June 2003.

Four of the plaintiffs, including Larry Roberta, of Aumsville, Scott Ashby of Lake Oswego; Rocky Bixby, of Hillsboro; and Matthew Hadley, of Aloha, completed their Guard obligation and are civilians. Capt. Charles Ellis, of Junction City, remains with the Guard and is deploying to Iraq with the 41st Infantry Brigade in July.

Last month, Roberta and Ashby testified before the Oregon Legislature, which is considering a bill to set up a small fund to help exposed soldiers who develop cancer.

Attorneys for the soldiers, David Sugerman, of Portland, and Michael Doyle, of Houston, said they expect several West Virginia National Guard members who served at the Iraqi water plant to file a similar suit. Last year, 16 Indiana National Guard members, who replaced the Oregon troops at Qarmat Ali, and 10 civilian contractors, who worked at the facility, also sued KBR. Under federal rules, civilians working on military bases are limited in their ability to sue employers and that case has been in a confidential arbitration.

Since news coverage by The Oregonian in January, more than two dozen Oregon veterans have asked to be placed on a registry and more than a dozen have reported health issues to the National Guard or VA, mostly breathing problems.

The Oregon Army National Guard is still asking soldiers who may have served with the 1-162 to contact the Guard at 503-584-2285 or the Portland Veterans Administration at 800-949-1004 Ext. 52852 for more information on registering their exposure.

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TOPICS: veterans, veterans' benefits, VA, Department of Veterans' Affairs, KBR, hexavalent chromium, toxic exposure, Iraq War