Defense Base Act Bars Convoy Drivers Lawsuit Against KBR

The U.S. Court of Appeals on Thursday ruled the convoy drivers employed by a defense contractor, KBR,  in Iraq were bared by the Defense Base Act (DBA) which is US law that shields military employers from civil actions. The drivers were injured while performing their jobs for the military contractor in providing logistical support to the military.


Read the Bloomberg news dispatch: KBR Won't Face Trial in Convoy Driver Deaths, Court Rules
"Coverage of an injury under the DBA precludes an employee from recovering from his employer,” even if the worker claims the company was “substantially certain” the injuries would occur, U.S. Circuit Judge Priscilla R. Owen said in a 30-page ruling by the panel."

The Court's Opinion: Fisher v. Halliburton, 10-20202, U.S. Fifth Circuit Court of Appeals

US Lacks a Census of Occupational Illness and Disease

In a series of articles, Celeste Monforton discusses the absence in the U.S. of a comprehensive system for surveillance of occupational illnesses sand disease. Citing the the U.S. Surgeon General in 1965 that..."it is almost inconceivable that this nation, with its vast resources and technical skills, has never developed a comprehensive picture of the work environment to determine the relationship with the health status of its productive work force," she argues for the a census.

Read the complete article: http://tinyurl.com/4tgpd8d

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Occupational Benzene Exposure and Lymphoma Subtypes

Previous studies on the possible association between benzene exposure and lymphoma have been complicated by problems with exposure misclassification, outcome classification, and low statistical power. Vlaanderen et al. (p. 159) performed a meta-analysis of occupational cohort studies for five different lymphoma categories, including Hodgkin lymphoma (HL), non-Hodgkin lymphoma (NHL), multiple myeloma (MM), acute lymphocytic leukemia (ALL), and chronic lymphocytic leukemia (CLL). The authors report that meta-relative risks (mRRs) for MM, ALL, and CLL increased with better study quality. mRRs for NHL also increased, but the effect was less pronounced. No association was observed for occupational exposure to benzene and HL. The authors conclude that their meta-analysis supports an association between occupational benzene exposure and risk of MM, ALL, and CLL. The evidence for an association with NHL is less clear, but this is likely complicated by the etiological heterogeneity of this group of diseases. Further consideration of the association between benzene and NHL will require delineation of risks by NHL subtype.

Complete Study: http://tinyurl.com/4tar7p2

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Warning: Surgeon General Finds Workplace Tobacco is Even More Dangerous to Your Health

Workers who are exposed to tobacco smoke, even in small quantities, are subjecting themselves to an increased risk of illness and disease. The newly published Surgeon General Report, How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease, takes a detailed, scientific look at the toxicology and biology behind nicotine addiction and tobacco smoking, including carcinogenic effects and the adverse effects on cardiopulmonary and reproductive health.

Exposure to tobacco smoke – even occasional smoking or secondhand smoke – causes immediate damage to your body that can lead to serious illness or death, according to a report released today by U.S. Surgeon General Regina M. Benjamin.  The comprehensive scientific report - Benjamin’s first Surgeon General’s report and the 30^th tobacco-related Surgeon General’s report issued since 1964 - describes specific pathways by which tobacco smoke damages the human body and leads to disease and death.

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Asbestos Danger Closes Madison Square Garden

Asbestos falling from the ceiling of Madison Square Garden (MSG) resulted a cautious closing of the arena because of the potential health hazards. On going construction and renovation of the facility resulted in workers dislodging the known cancer producing substance.

In a statement issued by MSG management, caution was stressed:
"Out of an abundance of caution, we are postponing tonight's Knicks v. Magic game. We will be working with the city and independent experts, ATC Associates and GCI Environmental Advisory, to evaluate and determine the most appropriate course of action. As the safety of our customers and employees are our top priority, we will not reopen the Garden until we are absolutely assured the Arena is safe.

Asbestos is a known carcinogen and exposure results in asbestosis, lung cancer and a rare and fatal disease, mesothelioma. There is no minimum safe dose level of exposure to asbestos. The disease manifests decades after the exposure to fiber occurs. The use of asbestos in the past has resulted in an epidemic of illness.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease.

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Senator Dorgan Call for Medical Evaluations for Those Exposed to Sodium Dichromate at Qarmat Ali Iraq

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Senator Byron L. Dorgan has called for medical evaluation and monitoring of personnel who were exposure to toxic agents in Iraq including Sodium Dichromate. The Inspector General released the first of two reports calling for notification of those potentially exposed to the toxic substances.

"The Commander, U.S. Army Corps of Engineers should notify all current and former military personnel who were identified as having served at the Qarmat Ali facility in 2003 of their eligibility for the Department of Veterans Affairs Gulf War Registry and associated sodium dichromate exposure-related medical evaluation.

The Under Secretary of Defense for Personnel and Readiness should:

• • publicize the eligibility of active duty personnel who served at the Qarmat Ali facility in 2003 for the Department of Veterans Affairs Gulf War Registry
• • review policy and procedures for active duty personnel eligible to undergo the Department of Veterans Affairs Gulf War Registry medical evaluation
• • develop and publicize a means to offer DoD civilians who served at Qarmat Ali in 2003 an exam and medical surveillance similar to what the Department of Veterans Affairs avails to military personnel and veterans.

"I am very concerned about the findings we now have, and I am disappointed in the delayed release of Part II of this report. The IG's investigation and its findings are very important to the lives of U.S. soldiers and workers who were at the site. Details and definitive findings will help us ensure accountability for this exposure and flawed follow up, but even more importantly, they will help ensure that all exposed soldiers receive appropriate notice and medical attention," Dorgan said.

Former soldiers and civilian employees have brought claims against military contractors for alleged negligence in deviating from purported military contract responsibilities that have been illegally caused illness and fatal disease to those exposed. 

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

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Federal Court Allows Burn Pit Claims to Proceed Against Halliburton & KBR

A Federal Court Judge has ordered that claims against military contractors, KBR (Kellogg Brown and Root) and Halliburton, may proceed. Sick soldiers deployed in Iraq and Afghanistan filed claims against the corporations because of "alleged failures of the military contractors to treat water and dispose of waste in a manner required" by their contract with the US Military.

Judge Roger W. Titus, in his 41 page opinion, dismissed the jurisdictions of the defendants and is allowing limited discovery to go forward. He also invited the participation of the US Government as an "amicus curiae, "friend of the Court," in formulating the discovery plan.

A lawsuit is currently pending against Kellog Brown & Root (KBR) and Halliburton on behalf of soldiers who were exposed to burn pits in Iraq and Afghanistan.  The corporations were awarded US logistical contracts to support military in the war theaters.

In its ruling the Court stated, "In tension with the exercise of caution supported by these legal defenses is the legitimate concern that the judiciary may prematurely close courtroom doors to soldiers and civilians injured from wartime logistical activities performed by hired hands allegedly acting contrary to military-defined strictures. Courts must be prepared to adjudicate cases that ultimately expose defense contractors to appropriate liability where it is demonstrated that they acted outside the parameters established by the military and, as a result, failed to exercise proper care in minimizing risk to service members and civilians."

Soldiers returning from Iraq and Afghanistan have report illnesses, including: cancers, respiratory disease, skin disorders and cancer following there tours of duty. Six deaths have been reported from early onset of leukemia and many more under treatment for malignancies.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

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National Guard Veterans Allowed to Proceed Against KBR

A US District Court Judge in Oregon has ruled that national guard veterans will be allowed to proceed in a suit against KBR (Kellog Brown and Root) for their exposure exposure to sodium dichromate and resultant hexavalent chromium poisoning while stationed as Oregon National Guardsmen in Iraq and assigned to duty at the Qarmat Ali water plant in 2003. The soldiers allege serious injuries and adverse health effects because of their exposure to sodium dischromate at the Qarmat Ali plant. 

KBR entered into a contract with the US Military to provide logistical support during the Iraq conflict. The injured soldiers alleged that KRB was negligent and committed fraud in connection with the provision of services under the contract.

In Court permitted the claim to go forward against KBR for the soldiers, "...exposure to sodium dichromate and resultant hexavalent chromium poisoning while stationed as Oregon National Guardsmen in Iraq and assigned to duty at the Qarmat Ali water plant in 2003 [for the failure of KBR to take] precautions to safeguard personnel who might potentially be exposed to environmental hazards at worksites, including the wearing of protective gear and/or the closing down of operations at any unsafe site."  

The Court held,"Defendants here assert that their "provision of engineering and logistical support services at Qarmat Ali" took place pursuant to the specifications of a contract with the government, and that they did not exceed their authority under those specifications. On this basis, defendants argue that they were merely "executing the will of the United States" and are entitled to the benefits of derivative sovereign immunity. The evidentiary record belies both of defendants' assertions."

A lawsuit is currently pending against Kellog Brown & Root (KBR) and Halliburton on behalf of soldiers who were exposed to burn pits in Iraq and Afghanistan.

Click here to read more about burn pit claims for benefits and lawsuits. Call Jon L. Gelman at 973.696.7900 or e-mail jon@gelmans.com

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