August 8, 2017
McClatchy Washington Bureau: by Patricia Kime
A federal judge has dismissed a major lawsuit against a defense contractor by veterans and their family members over burn pit operations in Iraq and Afghanistan that plaintiffs said caused them chronic and sometimes deadly respiratory diseases and cancer.
In the decision, U.S. District Court Judge Roger W. Titus wrote that the company, KBR, could not be held liable for what was essentially a military decision to use burn pits for waste disposal. Titus said holding the Pentagon responsible was outside of his jurisdiction.
“The extensive evidence … demonstrates that the mission-critical, risk-based decisions surrounding the use and operation of open burn pits … were made by the military as a matter of military wartime judgment,” Titus wrote in an 81-page opinion.
The dismissal — the second by Titus in the case — deals a major blow to the more than 700 veterans, family members and former KBR employees who brought the suit.
Plaintiffs were disappointed, and some were furious.
“My husband is DEAD because of burn pits,” Dina McKenna, whose husband, former Army Sgt. William McKenna, died in 2010 from a rare form of T-cell lymphoma after serving in Iraq, told McClatchy in an email. “I want someone to be held accountable.”
Susan Burke, a Baltimore-based attorney who represents the plaintiffs, told McClatchy that her clients will file an appeal to the Fourth Circuit.
The litigation, which consolidates cases across the country, contains 63 complaints, including 44 national class action suits.
The plaintiffs charged that KBR, a government contractor and former Halliburton subsidiary, operated the burn pits in Iraq and Afghanistan irresponsibly, running them in locations near U.S. troops’ living quarters and work spaces, and burning items that were not intended for the pits, including paint, batteries, computers, fuel, plastic water bottles and human medical waste.
The plaintiffs say they suffer from a range of diseases resulting from exposure: respiratory illnesses such as life-threatening constrictive bronchiolitis, gastrointestinal disorders, neurological problems and cancers. In one Washington, D.C., -based class action, a dozen of the plaintiffs have died since the cases were consolidated.
Titus said in his decision that he had no doubt that “many of [plaintiffs] have been harmed, at least, by some extent by the use of open burn pits or by the water they drank in Iraq or Afghanistan.” But, he added, the military recognized there were certain health risks associated with the use of burn pits but balanced those risks against the greater risk of harm to military personnel if another method of waste management — such as removing trash to an off-base landfill or shipping it elsewhere — was used.
“The decision to use the burn pits was not made by the contractors but rather than by the military,” he wrote.
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Disclaimer: This article was not written by Silent Soldier.