Business

November 30, 2012

War contractor: Feds should pay lawsuit damages

An Iraq war contractor that lost an $85 million verdict to a group of sickened U.S. soldiers has filed a lawsuit seeking to force the federal government to pay the soldiers’ damages.

In early November, 12 Oregon National Guard soldiers won the verdict against Kellogg Brown and Root, an engineering and construction firm that helped lead the reconstruction work in post-war Iraq. The soldiers were exposed to a toxin while guarding an Iraqi water plant.

In the new lawsuit, KBR also demands that the government pay more than $15 million in its attorneys’ fees.

At the heart of the suit is a so-called indemnification clause that KBR alleges it agreed to with the U.S. Army Corps of Engineers in March 2003. The clause was designed to protect KBR against “unusually hazardous risks” in its work in Iraq.

In a Nov. 16 filing in the U.S. Court of Federal Claims, KBR argues the clause makes the government responsible for the results of its actions in Iraq, including the Oregon verdict.

“Based upon an erroneous legal and factual analysis of the terms of the indemnification agreement, (the Army Corps) has refused to indemnify (KBR) for the costs of defending against the various third-party lawsuits,” KBR attorneys wrote, “and has refused to participate or assume direct responsibility in defending (KBR) in the underlying tort litigations.”

KBR said in the suit that it had no insurance to cover its wartime work, and the government’s refusal to involve itself in lawsuits constitutes a breach of the indemnification agreement.

A U.S. Army Corps of Engineers spokesman declined to comment Nov. 27, citing the ongoing litigation. Emails and messages to KBR were not immediately returned, and KBR’s attorneys declined to comment.

At least another 130 lawsuits are pending from soldiers in England, Texas, Indiana and West Virginia, as well as other Oregon soldiers who were present at the Iraqi water plant, called Qarmat Ali.

A jury found the company guilty of negligence for illnesses the soldiers who guarded Qarmat Ali, an oilfield water plant.

The three-week trial ended after just two days of deliberation by the jury. The suit was the first concerning soldiers’ exposure to a toxin the plant.

The soldiers said they suffer from respiratory ailments after their exposure to sodium dichromate, and they fear that a carcinogen the toxin contains, hexavalent chromium, could cause cancer later in life.

 




All of this week's top headlines to your email every Friday.


 
 

 
Navy photograph

NAWCWD manned for unmanned systems

Navy photograph A rail launch is performed during Integrator unmanned aerial vehicle testing at Naval Air Warfare Center Weapons Division China Lake, Calif. Naval Air Warfare Center Weapons Division scientists, engineers, techn...
 
 
NASA photograph by Ken Ulbrich

NASA employees go ‘above and beyond’

Courtesy photograph NASA Chief Scientist Albion Bowers, Christopher Miller and Nelson Brown receive the Exception Engineering Achievement Medal at Armstrong Research Center, Edwards Air Force Base, Calif. The prestigious award ...
 
 
Photograph by Tom Reynolds

Engineers, test pilots enjoy Mojave tradition

Photograph by Tom Reynolds Engineer and pilot students who recently graduated from the U.S. Naval Test Pilot School from Patuxent River, Md., and the USAF Test Pilot school at Edwards AFB kept with a 17 year old tradition, enjo...
 

 
nasa-global-hawk

Global Hawk 872 return marks 100th NASA flight

  NASA Global Hawk No. 872 is pictured on the ramp after landing at NASA’s Wallops Flight Facility, Va., at sunrise following its 10th and final science flight Sept. 28–29 in the agency’s 2014 Hurricane and S...
 
 

Northrop Grumman hand held precision targeting device completes successful developmental test

A new hand held targeting system developed by Northrop Grumman that will enable soldiers to engage targets with precision munitions while providing digital connectivity to related military units has successfully completed developmental testing at White Sands Missile Range in New Mexico. The evaluation of the company’s Hand Held Precision Targeting Device, or HHPTD, was conducted...
 
 
Photograph by Linda KC Reynolds

Educating future workers

Photograph by Linda KC Reynolds Antelope Valley College physics professor Christos Valiotis and assistant headmaster at the Palmdale Aerospace Academy, Matthew Winheim, speak at the Antelope Valley Board of Trade Luncheon. The ...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>