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.


 
 

 

Headlines March 4, 2015

News: Pentagon: Another BRAC will save money - Pentagon planners have a new pitch to lawmakers skeptical of a fresh round of base closings: We promise we’ll save money this time.   Business: China’s new C919 will begin test flights this year - China’s new superjet will take to the skies for the first time later this...
 
 
Air Force photograph by SrA. Jensen Stidham

World War II pilot reunited with P-47

Air Force photograph by SrA. Jensen Stidham Retired Air National Guard Chief Warrant Officer 2 Robert Hertel, laughs while under the wing of a P-47 Thunderbolt during the Heritage Flight Training and Certification Course Feb. 2...
 
 

News Briefs March 4, 2015

General: 8,500 Islamic State fighters killed in Iraq so far The U.S.-led military coalition in Iraq has killed more than 8,500 Islamic State fighters since its bombing campaign began in August, the top general overseeing the coalition said March 3. Army Gen. Lloyd Austin, the commander of U.S. Central Command, said the Islamic State, which...
 

 
Lockheed Martin photograph

Turning up the heat

Lockheed Martin photograph Lockheed Martin ATHENA laser weapon system defeats a truck target by disabling the engine, demonstrating its military effectiveness against enemy ground vehicles. Latest evolution of Lockheed Martin l...
 
 

USO Visit

Air Force photograph by Jet Fabara Actor Vince Vaughn speaks with Edwards Airmen and 412th Security Forces Squadron members at the base library before introducing an advance screening of his new movie, “Unfinished Business,” at the base theater Feb. 28.
 
 

Sikorsky S-97 RAIDERô team begins final assembly of second aircraft

Sikorsky Aircraft Corp., a subsidiary of United Technologies Corp., announced March 4 the start of final assembly of the second S-97 RAIDERô helicopter at the company’s Development Flight Center. Along with a team of industry suppliers, Sikorsky is developing two RAIDERô prototypes to demonstrate the revolutionary new capabilities in improved maneuverability and flight speed. 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>