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Ryan Maseth FHPI just received information this morning the 3rd Circuit Court of Appeals has reversed Judge Nora Berry Fischer’s decision to dismiss Cheryl Harris’ wrongful death lawsuit against KBR.

Judge Nora Barry Fischer Opinion to Dismiss Harris vs KBR (pdf)

Many of you have been following this case since I started posting about it in 2008. Cheryl’s son, 22 year old SSG Ryan Maseth, was electrocuted and died in a shower in his living quarters on January 2, 2008 in Baghdad, Irag. The electrocution was determined to be caused from a water pump that was improperly installed and not properly grounded by KBR.

KBR has always claimed the Army was responsible and that they (KBR) were protected by the Political Question Doctrine and immune from civil action. Well I guess that may not be the case.

I will update when I get more information! It looks like Cheryl Harris and Ryan Maseth just might get their day in court!!

UPDATED: Other articles are this decision to reverse lower court ruling

Federal lawsuit against contractor is revived in Pa. soldier’s shower electrocution in Iraq

Fed court revives KBR electrocution suit

Suit Over Pa. Soldier’s Death in Iraq Is Revived-AP

 

Ryan we haven’t forgotten you

Posted January 2, 2012 By Ms Sparky

SSG Ryan Maseth was electrocuted in his shower in Baghdad and died January 2, 2008

The war in Iraq is all but over and our troops have pulled out.  It’s been four years today since 24 year old  SSG Ryan Maseth was electrocuted and died while showering in his living quarters at Radwaniyah Palace Complex in Baghdad. Ryan’s courageous mother, Cheryl Harris continues to fight, not only for the rights of her son, but for the safety of soldiers everywhere.

Cheryl filed suit against KBR for the death of her son. Although this suit drags on in the US courts at an agonizingly slow pace.  KBR has pulled out all the stops in attempts to have this case dismissed in US courts, but much to KBR’s dismay, it hasn’t.

I will write every year I’m able to remind people of Ryan’s death, the product of corporate greed and corruption, and heroes like Cheryl Harris. We need more heroes like Cheryl!

You can read more on Cheryl’s case against KBR at Cheryl Harris vs KBR.

Below are links to past posts I’ve written and published on the anniversary of Ryan’s death.

SSG Ryan Maseth – You must be very proud! (2009)
Does anyone know what day this is? (2010)
3rd anniversary of the electrocution death of SSG Ryan Maseth (2011)

Cheryl, I pray the next post I publish about Ryan is how you succeeded in holding KBR accountable for his senseless death!

Ms Sparky

3 years ago today, 24 year old  entered the shower in his Special Forces living quarters at the Radwaniyah Palace Complex in Baghdad, Iraq and he died. He was electrocuted do to an improperly installed water pump on the roof of his building.

The Army initially reported that Ryan, a decorated Green Beret foolishly took an electrical appliance into the shower and that was the reason for his death.

The Criminal Investigations Command (CID) closed Ryan’s investigation on June 11, 2008 proclaiming Ryan’s manner of death was “accidental”. His mother, refused to accept this as the cause of death for her son. Read the remainder of this entry »

Defense Cover-Up Management Agency (DCMA) – Part 2

Posted September 8, 2010 By Keven L. Barnes

US Air Force MSgt Keven L. Barnes

This is Part 2 in a series of original articles to be published on MsSparky.com by former QAR discussing his personal experiences with the oversight of ’s LOGCAP III contract. Defense Cover-Up Management Agency (DCMA) – Part 1 can be read HERE.

The next Statement of Procedure (SOP) I was to turn my attention to was the Water. The concern about the water in the Green Zone was elevated after laundry operations went down for 17 days because the laundry machines became contaminated with diesel fuel. In addition, I had several complaints from military personnel that their showers “smelled like diesel fuel”. I heard that same complaint nearly every week. I told our DCMA commanders about these concerns and they laughed it off. No action was taken to locate the cause of the fuel smell by either Col Miles or his replacement, U.S. Army Col McQuain.

The State Department and US Embassy personnel became very upset about the laundry being shut down (no dry cleaning services) and I was told to find out the cause. Now I have have clients of the LOGCAP contract informing me their shower smells like diesel fuel and the laundry goes down for 17 days because of fuel contamination. I felt the next logical step was to perform an inspection of the KBR Water Operations to assess their compliance with the Statement of Procedure. I informed KBR of the impending Water Operations inspection and gave them a week to prepare. To that date, KBR’s Water Operations in the Green Zone had never been inspected by DCMA. I questioned on a daily basis what the previous DCMA Quality Assurance Representative (QAR) were doing? The Statement of Procedure for Water Operations stated the requirements for super chlorinating, daily inspections and logbooks. I was to find that none of these requirements were being adequately performed, if at all. Read the remainder of this entry »

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They didn’t just lose $25M….they got ZERO! This is a classic example of how one person can make a difference. I do believe KBR underestimated Cheryl Harris’ tenacity. I applaud you Cheryl!

Contractor linked to Iraq death loses $25M in fees

By KIMBERLY HEFLING
Associated Press Writer
Feb 24, 10:42 PM EST

Cheryl Harris with her son Staff Sgt. Ryan Maseth. Ryan, 24, was electrocuted in his shower in Iraq on Jan. 2, 2008. Cheryl has filed a wrongful death lawsuit against KBR. That suit is currently sitting in the 3rd Circuit Court of Appeals awaiting a decision.

WASHINGTON (AP) — Military contractor KBR has lost about $25 million in bonuses from the government because of “failed” worked done in Iraq during the time a Green Beret was electrocuted in a barracks shower it was responsible for maintaining.

The U.S. Army Sustainment Command said in a statement released to The Associated Press Wednesday night that the Houston-based company failed to meet a level deserving of an award fee payment for work it did during the first four months of 2008. Award fees are written into contracts as an incentive for the contractors to do quality work.

The Army statement did not specifically mention the January 2008 death of 24-year-old Staff Sgt. Ryan Maseth of Pittsburgh in the statement but said a task force that has extensively reviewed electrical work in Iraq was consulted in making the decision as was the U.S. Army Criminal Investigation Command, which investigated Maseth’s death, but did not press charges against KBR.

Dan Carlson, a spokesman for the Army Sustainment Command, said in an e-mail that “multiple factors” led to the decision. Read the remainder of this entry »