The Register-Herald, Beckley, West Virginia

Local News

October 5, 2009

Kessler sues on behalf of National Guard unit

Senate Judiciary chairman accuses firm of knowingly exposing soldiers to chemicals in Iraq

By Mannix Porterfield

Senate Judiciary Chairman Jeffrey Kessler sued a Delaware engineering firm Monday, accusing it of knowingly exposing 30 members of a National Guard unit based in his district to sodium dichromate six years ago at a water treatment plant in war-riddled Iraq.

Kessler’s lawsuit, the first to be filed in a state court since the issue arose in Congress, named Kellogg, Brown and Root Inc., or KBR, formerly a subsidiary of Haliburton, and seeks compensatory damages needed to compensate members of the 1092nd Battalion for past and future medical expenses.

Kessler accused the firm of negligence in causing major health problems, such as respiratory tumors, autoimmune disorders, digestive difficulties, pain and anguish, the loss by the spouses of all married plaintiffs in companionship and consortium, and the loss of income and earning capacity, and other physical problems associated with hexavalent cromium exposure.

While no specific dollar amount was sought, the suit also asks for a judgment to reward the soldiers with an unspecified amount for loss of enjoyment of life.

KBR, the largest, non-union construction firm in the nation, was contracted to perform repair work on a water treatment plant in Basra that had been sabotaged by Saddam Hussein’s forces once American forces overran the country, Kessler, D-Marshall, said shortly before filing his lawsuit.

“They were in there to try to restore the operations because water is used to force pressure down into the oil wells to force the oil out,” the senator said.

“That water treatment plant was contaminated with hundreds of bags of this orange powder, sodium dichromate. No one ever told our forces it was there, that it was a danger. And the wind would blow, and while our troops would be sitting outside, eating their sandwiches, or lunch, or whatever, that dust was all over them, and the food as well.”

On Capitol Hill, Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., are working to get soldiers exposed to the chemical proper medical treatment through the Department of Veterans Affairs and are awaiting results of an investigation by the Inspector General.

“I don’t think there is any doubt that there was exposure,” Kessler told The Register-Herald.

“Also, I don’t think there is any doubt that KBR knew about it early on and didn’t tell anybody about it, including our troops. I think it’s outrageous.”

Kessler said some of the plaintiffs identified in his suit have either been discharged or threatened with such. A number are facing permanent medical conditions as a result of the exposure, and others are concerned they might find themselves in the same position, he said.

“Although medical monitoring gets beaten up from time to time in this state, this is almost a poster child for why we need it,” the senator said.

“These guys need to be monitored and treated probably regularly for the rest of their lives to see if there’s any continuing or on-going effects, or if any latent symptoms start to manifest themselves.”

— E-mail: mannix@register-herald.com

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