Iraq & Afghanistan Burn Pit Chemical Exposure Cancer & Disease Claims

Burn Pit Litigation - Not Active

Burn Pit Litigation - Not Active

Breathing dust, fumes, and other toxic substances from burn pits exposed troops deployed overseas and those who worked for government contractors abroad and other civilians to severe hazards. Some of the chemicals were very toxic carcinogens and deadly. 

This case is no longer active. We are NOT accepting new clients. This is posted for informational purposes only.

At US Senate hearings, it was revealed that the toxic carcinogen, Sodium Dichromate (CAS 10588-01-9), was spread across a ruined water injection facility in Qarmat Ali, Iraq, when the soldiers were there in the spring and summer of 2003. Thousands of individuals may have been exposed.

A simple evaluation may assist in assessing your exposure and disease, which includes: a history that characterized the exposure and preexisting medical conditions of each individual exposed; a physical exam that identified any findings potentially related to chromium exposure; and medical tests, including blood, urine, chest X-ray, and a breathing test (called a pulmonary function test).

Exposure to this chemical may produce:

• Allergy-Like Symptoms
• Asthma
• Breathing restrictions
• Cancers (lung, brain, bone, skin)
• Chronic bronchitis
• Chronic coughs
• Chronic respiratory infections
• Constant Infections
• Cramps and severe abdominal pain
• Diarrhea
• Emotional Distress
• Gastrointestinal illness and distress
• Leukemia
• Long-term shortness of breath
• Lung Cancer
• Nose Bleeds
• Pulmonary injuries
• Reactive Airway Disease
• Restrictive Airways Disease (Bronchiolitis)
• Serious heart conditions
• Severe Headache
• Skin infection
• Sleep apnea
• Throat Infections
• Ulcers
• Unexpected weight loss
• Vomiting
• Weeping lesions on extremities

The following is a list of locations where burn pits allegedly operated:

Case Timeline:

2017
In July 2017 U.S. District Judge Roger W. Titus for the District of Maryland dismissed the burn pit lawsuits consolidated in In re KBR Inc. Burn Pit Litigation. On August 4, 2017 a Notice of Appeal of the decision was filed with the Court.

From March 9 to 13, 2017 The Court held an evidentiary hearing on jurisdictional motions. An opinion is anticipated shortly.

2015
On October 10, 2015 the Court filed an Order scheduling a hearing on the Balad Burn Pit dispute for January 19, 2016.

On September 3, 2015, the Court issued an Order scheduling a hearing on the Jurisdictional Issues for September 7 &  8, 2016. A partial discovery Order [273] entered by the Court concerned:

1. The scope of jurisdictional discovery;
2. Resolution of the number of military bases at issue;
3. Resolution of the Balad dispute;
4. Filing of additional complaints and declarations by plaintiffs;
5. Discovery regarding KBR’s jurisdictional defenses; 
6. Scheduling an evidentiary hearing on September 7 & 8, 2016; and 
7. A Supplemental Protective Order.

The Court entered an Order [274] on September 3, 2015, scheduling a briefing and a hearing on December 4, 2015, concerning electronically stored information (“ESI”).

On August 10, 2015, The Court held a Case Management Conference and announced that it was permitting additional complaints to be filed for individuals who were exposed to burn pit fumes and dust and suffered disability and disease from the alleged exposure. The Court was to craft a discovery plan regarding the jurisdictional issues of the case for implementation over the next several months.

On January 0, 2015,  US Supreme Court declined to hear the appeal of KBR. The case remained active and was returned to the US District Court for further action.

2014
On June 16, 2014, the US Supreme Court invited the US Solicitor General to file a brief in the matter.

On April 11, 2014, a Petition for a writ of certiorari was filed by KBR Incorporated et al. with the US Supreme Court appealing the ruling of the US Court of Appeals for the Fourth Circuit. The US Supreme Court has docketed the matter as No. 13-1241.

On April 3, 2014 the US 4th Cir Ct of Appeals granted a stay of its Mandate that the case should be remanded and go forward. KBR had filed a Motion for a Stay based upon its intent to file a Petition for Certiorari with the US Supreme Court to appeal the matter.

This case is no longer active. We are NOT accepting new clients. This is posted for informational purposes only.

See:  Burn Pit Legislation Signed into Law 8/10/2022

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The author, Jon L. Gelman, practices law in Wayne, NJ. He is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (Thomson-Reuters). For over five decades, the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com have represented injured workers and their families who have suffered occupational accidents and illnesses.

© 2023 Jon L Gelman. All rights reserved.

Recommended Citation: Gelman, Jon L.,  Iraq & Afghanistan Burn Pit Chemical Exposure Cancer & Disease Claims,  www.gelmans.com (2023), https://www.gelmans.com/ReadingRoom/tabid/65/ArtMID/1482/ArticleID/484/preview/true/Default.aspx

© 2001-2023 Jon L Gelman. All rights reserved.

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