Lawsuit blames KBR in driver death at Anaconda Iraq

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Houston lawsuit blames Halliburton, KBR in Iraq death

KBR denies responsibility in trucker’s 2007 death at Camp Anaconda

By MARY FLOOD Copyright 2009 Houston Chronicle
Feb. 6, 2009

A Michigan woman whose father was shot to death by American soldiers while driving a truck in Iraq filed a lawsuit in Houston this week against his employers, Halliburton and KBR.

alleges wrongful death, fraud and conspiracy regarding the February 2007 shooting of her father, .

Guy Watts, the Austin lawyer who filed the lawsuit, said Tolfree was assured he would be protected by the U.S. military 24 hours a day. Instead, because of gross negligence and fraud on the part of his employer, he was killed by the U.S. military, Watts contends.

The lawsuit states that the family in no way blames the military, but does blame the practices of Halliburton, KBR and their affiliate Services Employees International for mistakes that led soldiers to think Tolfree might be an insurgent driving a bomb-filled truck onto a military base.

“He was recruited in Houston, oriented in Houston and assured of his safety in Houston,” Watts said in explaining why the lawsuit was filed here.

He said Tolfree’s daughter has been negotiating with the companies since her father’s death. There is some question about whether the companies told the daughter incorrectly that her father had been killed by a roadside bomb. Watts said it is very clear the companies falsely wrote in a letter to her U.S. senator 11 months after the death that Tolfree was killed by a roadside bomb.

Watts said Tolfree wasn’t properly trained on the night he was sent out as a backup for a convoy while it stayed on the base. Instead, the lawsuit states, Tolfree wound up past the base gates and, when he turned around, he did not know he wasn’t expected back and was suspected as an attacker.

Tolfree, who was in his 50s, was killed when about 100 rounds from a U.S. machine gun were fired into the cab of his truck, according to the lawsuit. Another truck also was fired upon, but the driver survived.

Several other lawsuits are pending in Houston federal courts against Halliburton and KBR concerning deaths in Iraq. Many have taken years to get to trial.

Watts said he expects the companies will claim they are not subject to lawsuits over deaths in Iraq under a law called the Defense Base Act.

Heather Browne, spokeswoman for KBR, said the company has sympathy for Tolfree’s family but denies that it is liable or responsible for his death.

“At the time of the incident at issue, Mr. Tolfree was employed by KBR pursuant to KBR’s LOGCAP III contract with the U.S. government for the purpose of supporting the U.S. military operations in Iraq. As such, any claims by Mr. Tolfree’s estate or family members against KBR arising from such incident lie solely under the Defense Base Act,” Browne wrote in an e-mail.

She said Tolfree’s truck and another KBR truck were part of a convoy controlled by the U.S. military out of Camp Anaconda when he died.

Browne said many tactical decisions at the heart of this incident are not susceptible to judicial review, including the reasonableness of the military’s escalation-of-force procedures and decision to fire on the KBR drivers. She wrote that, because so many military procedures involved can’t be reviewed by the courts, the lawsuit cannot proceed very far.

Halliburton spokeswoman Diana Gabriel said the company has not been served with the lawsuit and that, if it is related to KBR work in Iraq, Halliburton would be improperly named in this matter. (This original Houston Chronicle article has been removed)

Added 2/08/09: If you were at Camp Anaconda when this incident occurred or having any information about the incident, please contact me via the Contact Us tab above or leave a comment.

Ms Sparky

KBR Employee Held At Al Asad For Military Court Martial

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Detention in Iraq of U.S. Civilian Challenged

Courthouse News Service
February 05, 2009

WASHINGTON (CN) – An attorney has filed a habeas petition for a civilian contractor who has been imprisoned at Al Asad Air Base in Iraq since November, and whom the U.S. military wants to court martial – though he is a civilian. David Breda Jr. says the military confiscated his passport, and claims he was “never officially notified of the nature of the pending charges which allegedly confer jurisdiction on the United States military to hold (him) against his will at Al Asad Air Base.”

Breda says he served 6½ years in the U.S. Army and was discharged as a sergeant in 2001. He was working for KBR as a civilian contractor when he was detained on Nov. 26, 2008. (Read the rest of the story here…)

Message To KBR Electricians In Iraq, Afghanistan and Kuwait

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I am getting numerous reports from DMOB’d electricians so I am going to make this short and sweet. If you are being asked to sign off on inspection reports that you didn’t , that aren’t accurate, that were never done………DON’T DO IT!! DON’T DO IT!! DON’T DO IT!!

Yes I suspect KBR may threaten to fire or transfer you. But, if someone is killed or injured on that system your signature is on that paperwork! You will be the one that KBR and the CID blame.

If this is happening get in touch with Task Force Safe or the DCMA. If you need help getting in touch with them email me and I will do what I can.

Next time you are asked to sign off on paperwork that is not accurate, ask yourself these questions.

“Do I have any professional ethics?”

“How would I feel if my actions or inaction led to the injury or death of another person?”

“Does my family think this job is worth possibly going to prison just to pull KBR’s butt out of the fire?”

“Am I just too “purdy” to go to prison?”

DON’T DO IT!!

(added 2/07/2009) I also recommend you keep a daily hand written journal of everything that is going on, what is said, where you were working and what you were doing. This is to protect you.

On a side note: I would like to welcome to my blog, the distinguished and consistent visitors from the law offices of K&L Gates and  McKenna Long & Aldridge.  They would appear to be KBR’s attorney’s in the SSG Ryan Maseth wrongful death lawsuit and between the two of them, hit my site daily for a total of several hundred hits a month. Thanks for reading.

Ms Sparky
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Lawmakers call for action on burn pits

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Lawmakers call for action on

Kelly Kennedy – Staff writer
Army Times
Posted : Wednesday Feb 4, 2009

Seven members of Congress have added their names to a growing list of legislators concerned about service members who say burn pits in Iraq and Afghanistan have made them sick.

“It has come to our attention that a growing number of veterans who served in Iraq and Afghanistan are becoming sick and dying from what appears to be overexposure to dangerous toxins produced by burn pits used to destroy waste,” reads a letter from Rep. Tim Bishop, D-N.Y., to Eric Shinseki, the new secretary of veterans affairs. “Further conversations with other veterans have revealed that the armed forces have not investigated this threat adequately.”

Bishop’s office sent the letter Monday. It was also signed by Reps. Earl Blumenauer, D-Ore.; Bill Delahunt, D-Mass.; Maurice Hinchey, D-N.Y.; Keith Ellison, D-Minn.; Sander Levin, D-Mich.; and Allyson Schwartz, D-Pa.

Congress first heard about the issue, the letter states, after a series of stories came out in Military Times showing that service members were exposed to everything from burning petroleum products to plastics to batteries in burn pits used to dispose of waste at every base in Iraq and Afghanistan.

Tests showed the fires released dioxins, benzene and volatile organic compounds, including substances known to cause cancer. So far, 150 people have contacted Disabled American Veterans to say they are sick, and they believe the burn pits caused their ailments.

Of those 150, about 30 have lymphoma and leukemia. Other reported conditions include asthma, bronchitis, sleep apnea, chronic coughs, allergy-like symptoms and heart problems.

“After years of helping veterans of the Vietnam and Gulf wars cope with the health effects of toxic battlefields, we have learned that we must take exposures to toxins seriously to ensure that this generation of service members does not face the same difficulties,” the letter states.

The lawmakers ask Shinseki to use the Gulf War Advisory Committee to “investigate the combined effect of sand, burn pits, dioxins, benzene and volatile organic compounds” on veterans. They also want VA to compile statistics for the toxin levels in the blood of those who have served in Iraq and Afghanistan compared to those who have not.

And they ask that VA notify its doctors that “veterans have been exposed to chemicals from fires in Iraq and Afghanistan.”

Meanwhile, Burke O’Neil LLC, a Washington, D.C., law firm that has filed a class-action lawsuit against defense contractor Kellogg, Brown & Root LLC for improperly disposing of waste and insufficiently sanitizing water supplies for U.S. troops in Iraq, has invited the 150 ill service members to join the suit, said Kerry Baker, DAV’s assistant legislative director.

So far, about 30 have done so, according to Elizabeth Burke, a lawyer with the firm, which plans to file its suit soon.

Burke O’Neil also filed a third class-action suit in Montgomery County, Md., dated Jan. 21, focusing on the way KBR disposed of waste in burn pits in Iraq and Afghanistan after several people came forward with cancer that they believe came from exposure to the burn pits, Burke said.

The lawsuit states that KBR “illegally burned biohazard materials, hydraulic fluids, lithium batteries and other hazardous materials in the open-air burn pits, causing noxious and unsafe smoke to drift over the base. Defendants burned tires, trucks, munitions boxes, and items containing pesticide residue.”

The suit accuses KBR of negligence, battery, nuisance, negligent and intentional infliction of emotional distress, product liability, willful and wanton conduct, negligent hiring, breach of duty to warn, and medical monitoring.

It asks for compensation for physical injuries, emotional distress, fear of future disease, and need for continued medical treatment and monitoring. It also asks that KBR be stripped of all revenue for the contracts the plaintiffs say the company violated.

Four plaintiffs have chronic respiratory illnesses, one has “weeping lesions” on his arms and feet, one has gastrointestinal illness, and one has reactive airways disease.

Baker is compiling a list of service members and veterans who believe they were exposed to the burn pits to make a case that VA should compensate people for their illnesses. His e-mail address is kbaker22@comcast.net. (click HERE to go to original article)

Ms Sparky
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The Cries Of A Mother’s Heart – By Lonnie D. Story

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I would like to introduce author, Lonnie D. Story, a US Army Veteran, thorough researcher and passionate writer. We became acquainted when I began blogging about (DU) weapons and Dustin Brim. Lonnie has written and is waiting to publish “Without a Shot Fired: The Dustin Brim Story” and is currently best known for his book The Meeting of Anni Adams: The Butterfly of Luxembourg. I hope his article below touches you, enrages you and empowers you to demand answers.

THE CRIES OF A MOTHER’S HEART
By Lonnie D. Story (Copyright, 2009)
Ft. Valley, Georgia

“Dear Lonnie I read your story on Dustin Brim. And my heart cried out- Finally someone is talking about the way my son and others died. My son SGT. Jason Henderson was also a mechanic on humvees, serving his 2nd tour. When he became sick in kuwait. They told him he just had heartburn. This went on for 3 months till they finally sent him to Germany where they diagnosed him with stage 4 cancer. After sending him to Walter Reed. I noticed the entire 7th floor is full of soldiers sent there from Iraq with cancer … The Doctors at Walter Reed said we must have cancer in the family, We do not!!!!  After three weeks of tests they sent my son home to die.  I just could not believe this was happening to my son who was very healthy before this. Jason was always very concerned about living a healthy lifestyle. He never drank or smoked. He was devoted to martial arts winning awards in army Tae Kwon Do tournaments, and kickboxing. We wanted a second opinion so we took Jason to Stanford Medical center. It was there that the Chief oncologist told us he “Had never seen a case so advanced ” And that this was without a doubt chemical exposure…
we were told there was nothing we could do but they offered chemo anyway. Jason was a fighter so started chemo treatments. My son lasted only 4 more months. On July 20th 2005 We lost our battle to save our wonderful son. Two months later my husband died. I need to find a way to help other parents by trying to stop anymore deaths from DU…  Thank you for listening. Heartbroken mother, Jana Bell”

There are a lot of things we endure in life, in fact, it is written in the Bible, in the words of Jesus:  Mathew 24:13,14  “But the one who endures to the end, he shall be saved, and this gospel of the kingdom shall be preached in the whole world for a witness to all nations, and then the end shall come.” For many years of my life I had heard that message preached and taught as if it were saying that once the Gospel (the good news of Christ’s salvation offer) was preached to the ends of the earth that the end would come; the return of the Messiah.  One day, many years ago, I picked up my bible and read that passage again and it leaped off the page to me.  The statement starting in vs. 13 and then continuing into vs. 14 with a very important key; the conjunction “And..”  then the word “This..”  This gospel, what gospel, or “good news” as the word implies “shall be preached to the whole world?  The good news that the one who endures to the end, he shall be saved,…  That was a very life-impacting statement to me personally.  It was the message of endurance.  The message that most people don’t want to hear, and that is something I can understand.  Who truly likes to “endure” things?  The mere mention of the word endurance elicits thoughts of pain, suffering and hidden fears.  Another statement by Jesus was that “he who endures…on account of my name.” referring to great reward is a promise of not only assurance, but, reassurance.  This being said, certainly endurance does have many rewards, honors and even pleasures in the end.  What success is there without much endurance, in most cases?

Nonetheless, there are some things that just don’t seem to fit.  In fact, some things are not meant to be endured.  These are the things that fall under the label of Unjust, Illegal, Corrupt, Evil, Wrong, Ungodly and Fruitless.  Sufferings such as hunger, poverty, sickness and disease are things we as the human race must often endure no matter one’s opinion on the justice of that fact.  However, in the aforementioned, Unjust, Corrupt, Evil, etc., these endurances do not result in reward for the person afflicted, rather it is pain, heartache and suffering unimaginable.  For Jana, in the letter above, the reader can, if they truly have a heart, feel some of the pain and sorrow.  Personally, it was heart-wrenching and re-ignited a fire in me that has been burning for a long time.  It isn’t the first, nor will it be the last, time that I receive such correspondence.  As I continue down this path set before me, I continue to pray and seek guidance that somehow, someway and by God’s grace and mercy, maybe soon, this gospel will be preached to the ends of the world.  The gospel I preach:  “He who hears the cries of a mother’s heart will listen, learn and love and cease from all wrong and evil doing.  He who hears the cry of a mother’s heart will be broken in heart themselves and share the burden, share the load and strive to change things so that our children’s children will not hear that same cry anymore.”

I know it is altruistic and sounds wonderful, soothing and yet, highly improbable or even impossible, but, I draw from that gospel, preach that gospel and one by one, I trust some do hear and make changes.  In our political world today, many people have heard that word a lot and it has brought a renewed global hope.  Just maybe, someone will read this article and the excerpt below and be moved to action to stop, at least, this one unnecessary evil.  Stop the cries of the heart’s of many other mothers yet to be heard before they happen.  In doing so, we must first and foremost, stop our government from using depleted uranium on our own troops, innocent lives and remove this poison from our weapons of war and from our planet.  We must stop the media from ignoring the cries of the hearts of these mothers that already exist.  Stop the talk shows from ignoring our pleas, unstop the ears of the public and move on, press forward to enlighten, educate and liberate while it is not too late.  Listen once more, one more time.  Listen closely as you read this excerpt from my manuscript, the yet unpublished book “Without A Shot Fired:  The Dustin Brim Story” hear this mother’s cry.

“On September 24, 2004, Lori walked the hallways at Walter Reed Army Medical Center for the last time.  Her face was swollen and puffy.  Her eyes red and blurred.  Her speech was hindered, halting and shaky.  Her body trembled uncontrollably through to the tips of her reddened hands.  Hands that had been gripped all night in a clasp of prayers.  Prayers that she could no longer pray.  A decision had come and it would be far from her hopes, pleadings and tears.  There wasn’t any more reason to go on like this, no more needles, no more chemicals, no more tests, no more pain and no more suffering.  Not for herself, but, for her son.  It was time to let Dustin go.

As Lori approached the room, a darkness fell all around her.  She could no longer see the lights in the hallway.  She no longer felt the cool air breezing through or sense the presence of the other travelers down this pathway.  No doctors, no nurses, no friends or family were noticed, her mind had taken hold of her decision, hers alone and all other things outside and around were frozen out, cast into utter darkness.

Lori’s hands pushed the door open as she entered the room and she took one more deep breath to steel herself to do the impossible; the most painful, indescribable decision she had ever made or ever would have to make in her life.  She had come into this room to tell her only son, the son she loved more than life itself, the son that she had given birth to with so much joy and hope only 22 short years before; this son, her son, her Dusty, her angel, she had to tell him to let go, stop fighting, all the opposites of the things she had told him for the past six months. Here she was, with this unbearable truth; she had to tell her own son it was time to die.

As cruel as that may sound, it was a mother’s plea, a mother’s cry from her heart to stop the pain.  Stop the suffering of her only child.  It wasn’t fair and it wasn’t good, it was time to end the battle.  A battle lost on the battlefield of a hospital that started on the battlefields of a far off place in the Middle East called Iraq.  The battlefields where her son, this son, her Dusty had succumbed to a poisonous evil brought about by no war of her choosing nor of her child.  It was a war brought by others and for their own reasons, good or bad.

Dustin was only a part of it, a small part to most and many; but that too would change in the near future.  But here in this room, here and now, Dustin was hearing his final orders.  No longer the instructions of those that commanded him while serving in the Army, serving his country, serving in Iraq, serving his fellow soldiers, this command was from the voice he had known all his life.  The voice he loved, the voice that always brought assurances, peace, consolation and unselfish, unconditional love.  This voice was whispering in his ear and he recognized it, knew it, believed it and understood, as sad as it was, it was right.

“Dustin, let go, honey.  Dustin, don’t fight anymore, baby.  Go home.  Go home to Jesus.  Your going to heaven now, baby, mommy will see you soon.  Be at rest, sweetheart.  Rest now, Dustin.  Go on ahead, son.  Don’t fight it anymore.  I love you, baby.  Mommy loves you so, so very much.  Honey, let go.”

And, with those words, that morning of September 24, 2004, Dustin Michael Brim, breathed his last breath.  He relented, he relaxed and rested.  He had lost the battle, the battle he had fought so hard and so bravely.  Not a battle in Iraq or any other place, but, a battle within his own body, a war against death and it was lost.  It was over, at least, for Dustin and for Lori.  For all the people that knew him and loved him, this battle was over, the war was ending in surrender to death.  One thing remained; a commitment.  Lori’s swearing oath to her son and herself:  Dustin’s death will not be the death of his memory or his life lived.  Dustin’s death would not be in vain.  This never had to happen.  It should not have happened and no other mother should have to cry the tears she cried, feel the pain Dustin endured nor fight this unnecessary and cruel conflict.  If it had been a bullet or a bomb, Lori would have somehow understood.  Maybe there could have been a little more peace, a little more closure.  Instead, she was robbed.  She was emotionally raped and murdered along side her son.

What had happened to Dustin, in all her heart she believed, was all from wrongdoing, evil and unjust.  Her son was poisoned by something on that battlefield in Iraq and she would not rest until she got answers. Months earlier a nurse had told her secretively and at her own peril, to look into the subject of depleted uranium on the Internet. Now, with Dustin at rest and gone, she would re-ignite her determination to find the answers to the mystery.  The mystery of some previously unheard of stuff called depleted uranium.

For now though, there was only one thing left in this world; her wounded, battered, beaten and sullen heart.  A heart that had no place to turn, no place to heal.  She simply sat by the bed, having leaned over with her final words to her son, she sat and cried.  She sat silently sobbing.  Crying all the pain out from her heart.  A broken heart never to know true joy and peace on earth again.

Down the hall, that day, and in days to come, many more mothers would cry the same tears and their hearts, too, would yield their souls to anguish.  From that floor filled with cancer patients at Walter Reed Army Medical Center there would lift an echo.  Around the world the echo would lift and unite, an echo that needed to pierce the hearts and minds of those that played a part in so much pain and misery.  Each reaching out and pleading to anyone and everyone that would listen, listen to the cry of a mother’s heart.” (END)

My personal thanks to Lonnie D. Story for this contribution. As a mom….I just cried and cried.

Ms Sparky

Sailor Electrocuted In Shower And Dies In Iraq

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AP NewsBreak: Sailor electrocuted

By KIMBERLY HEFLING Associated Press Writer
Posted: 02/02/2009

WASHINGTON—A third U.S. service member has been determined to have been electrocuted in a shower in Iraq, and Navy criminal investigators are investigating, The Associated Press has learned.

Navy Petty Officer 3rd Class David A. Cedergren, 25, of Saint Paul, Minn., died Sept. 11, 2004, while showering. His family was told he died of natural causes.

Late last year, the Armed Forces Institute of Pathology changed the manner of Cedergren’s death to “accidental,” caused by electrocution and inflammation of the heart. The Naval Criminal Investigative Services has reopened an investigation into his death, Ed Buice, a NCIS spokesman, said Monday.

Cedergren’s death is among 18 electrocution deaths under review as part of a Department of Defense Inspector General inquiry. The inquiry primarily involves electrical work done at a facility where a Green Beret, Staff Sgt. Ryan Maseth, 24, of Pittsburgh, was electrocuted while showering in January 2008.

Sixteen of those who died were U.S. service members. Two were military contractors. Improperly installed or maintained electrical devices have been blamed in some of the deaths, while accidental contact with power lines has also been a cause in the electrocution deaths.

Cedergren—a medic—was found in an outdoor shower stall in Camp Iskandariyah, Iraq, not breathing and without a pulse.

His brother, Barry Cedergren, said his family initially suspected he’d been shocked because,according to reports shown to the family, witnesses told investigators that some service members had reported being shocked in the shower.

He said military investigators took a second look at the case after a request from former Republican Minnesota Sen. Norm Coleman.

“We’re looking further into what our options are,” said Cedergren, of Ramsey, Minn.

Maseth’s death was initially considered accidental, but is now classified by Army investigators as “negligent homicide” caused by Houston-based contractor KBR Inc. and two of its supervisors. An Army investigator said the contractor failed to ensure that “qualified electricians and plumbers” did the work. The case is under legal review.

NCIS spokesman Buice said he could not comment on evidentiary issues such as who was maintaining the shower where Cedergren died. (Click HERE to read article)

Ms Sparky
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