Judge dismisses Indiana soldiers’ Iraq suit
By Jon Murray – Posted: February 25, 2010
IndyStar.com
LTC James C. Gentry in Baghdad died of cancer in November 2009 after exposure to sodium dichromate at Qarmat Ali
A federal judge today dismissed a lawsuit accusing a large defense contractor of concealing the risks faced by nearly 140 Indiana National Guard soldiers potentially exposed to a cancer-causing agent in Iraq.
The ruling did not address any of the claims in the lawsuit, which could still be pursued elsewhere by the attorneys for the 47 Indiana Guard soldiers serving as plaintiffs. Chief Judge Richard L. Young ruled that the U.S. District Court for the Southern District of Indiana lacks “personal jurisdiction” over Texas-based KBR and several related companies.
The dismissal was based in part on a finding that the actions at issue in the suit took place outside Indiana even if the health effects are only being felt now. And the KBR companies’ limited contacts in Indiana — they have no offices here but have held contracts in Indiana — amount to an insufficient business footprint.
Mike Doyle, one of the plaintiffs’ attorneys, said the legal team plans to file a new version of the lawsuit in another jurisdiction as soon as possible, but he did not specify where.
“This development delays but does not deny justice for the Indiana Guardsmen in this case,” Doyle said in a statement. “The truth of what happened at Qarmat Ali will be told, and we believe it will be told in a federal court.”
KBR also issued a statement: “We are pleased with the ruling and believe Judge Young made the right decision regarding jurisdiction in this case. Regarding the general allegations in the litigation, KBR maintains that plaintiffs’ claims are unsupported by the evidence.”
Most of the plaintiffs served with a Tell City, Ind., unit sent to Iraq with the Indiana National Guard’s 1st Battalion, 152nd Infantry Regiment, based in Jasper. For three months beginning in May 2003, the unit provided security for KBR employees charged with rebuilding the Qarmat Ali water-pumping plant near Basra.
Restoring the plant was a key step in restoring oil production.
The suit says the site was covered in sodium dichromate, an industrial chemical normally used to remove pipe corrosion. It contained heavy doses of a carcinogen called hexavalent chromium that is known to heighten the risk for cancer of the lungs and respiratory tract.
Some of the Indiana soldiers have developed rashes and other health problems since their return.
The family of David Moore, Dubois, Ind., who died of a lung disease in 2008, is among the plaintiffs.
In November, Lt. Col. James C. Gentry, 52, Williams, Ind. — a nonsmoker — died of lung cancer, soon after testifying in a deposition that he believed the exposure in Iraq caused his cancer.
The lawsuit was filed in December 2008. Doyle’s Houston-based firm also is involved with Qarmat Ali-related cases pending in the West Virginia and Oregon federal courts.
KBR has said its employees did not knowingly harm any troops. (click HERE for original article)
Other Related Posts From Ms Sparky
- Judge moves to streamline (Oregon National Guard) soldiers’ case against KBR
- Judge allows late documents but penalizes victims in Qarmat Ali suit againt KBR
- U.S. judge dismisses case against Agility subsidiary
- Judge dismisses W.Va. soldiers’ case against KBR
- KBR asks judge to throw out Oregon soldiers suit
Monday, March 1st 2010 at 5:35 am |
It would be nice if the Judges read Ms Sparky to get a feel of the opinions of people who have been there and done that. All Judges are persuaded by public opinion from all sorts of media – they are human too and possibly have family or friends that are or have participated in wars of the current or past. I will strive to urge the “American Legion” to start reading this Blogsite and have living members of WWII, Korean War and Vietnam to take up our causes as most of us, if not many are former military.
Wednesday, March 24th 2010 at 12:45 pm |
NEED WITNESSES TO TRUCK ACCIDENT IN KUWAIT KILLING DRIVER WOUNDING PASSENGER BADLY
Wednesday, March 24th 2010 at 1:36 pm |
Are you the attorney for the victims? Email me more information. What company was involved, who died, etc. You can use the contact us form at the top of the page.
Wednesday, March 24th 2010 at 3:52 pm |
Having lived and driven the roads in Kuwait, I witnessed fatal accidents several times a week. As well as multiple serious accidents on different hiways on the same date.
Ms. Sparky is correct if you really are in need of information you are going to have to provide a lot more information, like the Date, Time, Road at least.