An Oregon jury awarded 12 Army National Guardsmen $85 million in damages
from defense contractor KBR Inc. on Friday after finding that the company
failed to protect them from exposure to cancer-causing chemicals when they served
in Iraq.
Each Guard soldier was awarded $850,000 in non-economic damages and
another $6.25 million in punitive damages for "reckless and outrageous
indifference" to their health in the trial in U.S. District Court in
Portland. "Justice was definitely served for the 12 of us," Guardsman
Rocky Bixby said, adding that two of his children were about to enter the
military. "It wasn't about the money, it was about them never doing this
again to another soldier."
The Oregon Guardsmen were providing security for civilian workers
restoring an oil industry water plant in 2003 in southern Iraq after the
U.S.-led invasion that ousted Saddam Hussein. The plant water was used to push
oil to the surface. The plant was contaminated with sodium dichromate, a
chemical used to fight corrosion. Sodium dichromate contains hexavalent
chromium, the toxic chemical made famous in the film "Erin
Brockovich" starring Julia Roberts.
The chemical was blowing around the plant known as Qarmat Ali, the
soldiers' lawyers told the court. Geoffrey Harrison, lead trial attorney for
KBR, said the contractor would appeal. "We believe the trial court should
have dismissed the case before trial," he said. "KBR did safe and
exceptional work in Iraq under difficult circumstances, and we believe the
facts and law ultimately will provide vindication." The soldiers had also
claimed that KBR committed fraud, but jurors rejected that claim.
The 12 Guardsmen in the suit have suffered various illnesses and
disabilities and are at risk for various kinds of cancer, their lawyers said.
Hexavalent chromium is "a highly potent carcinogen," they said. Another
22 Oregon soldiers or their widows have sued KBR Inc. in Portland. More than
100 soldiers from other states have sued the company in Houston, where the
company is based.
Source: Chicago Tribune
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