June 26, 2009
7 W.Va. Guardsmen exposed to toxic chemical in Iraq, lawsuit alleges
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CHARLESTON, W.Va. -- Seven members of the West Virginia National Guard who guarded a water plant in southern Iraq in 2003 have filed a lawsuit in federal court claiming that the contractor in charge of the project knowingly exposed them to a highly toxic chemical.

The lawsuit, filed Thursday in federal court in West Virginia's Northern District, accuses KBR Inc., a former Halliburton subsidiary that has been awarded billions of dollars' worth of no-bid contracts in Iraq, of not telling soldiers that they were being exposed to sodium dichromate.

That chemical contains hexavalent chromium, described in the lawsuit as "one of the most potent carcinogens and mutagenic substances known to man."

When the West Virginia Guardsmen and American civilians working in the area began displaying symptoms of hexavalent chromium poisoning, including "chrome nose," or nasal bleeding, KBR managers told them that it was a byproduct of the "dry desert air," or perhaps they were "allergic to sand," the lawsuit contends.

Thursday's action follows similar lawsuits filed on behalf of members of Guard units from Oregon and Indiana who also served at Qarmat Ali, near Basra, while KBR repaired a water plant facility that pumped water into oil wells for smoother flow.

"The [Guard members] were repeatedly told that there was no danger on site, even after KBR managers knew that blood testing of American civilians exposed onsite confirmed elevated chromium levels," the lawsuit states.

KBR's alleged concealment came to light during congressional hearings in 2008, according to the lawsuit.

Ed Blacke, a civilian medic working at the site, tried to alert supervisors to dangerous conditions in July 2003, but was checked by his superiors who told him he was being "insubordinate" and "disruptive," according to a statement he gave during a June 20, 2008, Senate hearing.

"In my mind, it was criminally negligent of the KBR [Health Safety Environment] and Project management to make a decision to continue to expose personnel to sodium dichromate poisoning at the Qarmat Ali water treatment plant when they knew of the exposure and knew of the absence of any personal protective gear whatsoever," Blacke told the senators, as quoted in the lawsuit.

The lawsuit also alleges that when KBR managers inspected Qarmat Ali in August 2003, a month before they shut down the site, they wore environmental-protection suits, even though the soldiers and civilian workers had not been issued protective gear.

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