Should KBR share the same immunity that shields the U.S. government on this issue?

LCDR Private RallyPoint Member — Fri, 27 Mar 2015 13:34:43 -0400

Many deployed soldiers and contractors were exposed to this and now are filling lawsuits. Seems like the Supreme Court are going to let those move forward.
KBR should share the same immunity that shields the U.S. government from litigation over war injuries. - See more at: http://www.your-poc.com/supreme-court-to-move-foward-with-lawsuit-against-kbr-inc-for-burn-pits-it-operated-on-bases-in-iraq-and-afghanistan/#sthash.ZNIGflLC.dpuf

Response by Sgt Aaron Kennedy, MS made Mar 27 at 2015 2:16 PM

Sgt Aaron Kennedy, MS — Fri, 27 Mar 2015 14:16:22 -0400

If KBR was acting as a representative of the Government, the Government is responsible for their actions "if" they were in accordance with government guidelines. If they were not, then they have no immunity at all.

As an example, if I am driving a HMMWV down the road, I am an agent of the government, and the government covers me, as long as I am following the regs. If I am negligent of the regs, I waive that government coverage and they can go after both me AND the government.

In this case, we would have to find out "if" there were regs (or authorization) in place to allow KBR to use burn pits, and under what conditions. If they followed the rules, it escalated up to the government, who may or may not have Sovereign Immunity. If they didn't, they have liability.

Response by Capt Sharon Wright made Mar 27 at 2015 2:42 PM

Capt Sharon Wright — Fri, 27 Mar 2015 14:42:27 -0400

Many service members voiced concern about this while there including myself. We specifically had concern about burning styrofoam, which are KNOWN to release cancer causing CFC's in the air. The answer was to burn only at night while we were "sleeping". The smell of smoke seeped into my living quarters at night and wafted through our living area. I have photos of it "snowing" ash in the ER parking lot in Balad at TWO in the afternoon. The burning at night still affected many and was also a LIE as evidenced by the ash falling around us mid day. I never had issues with asthma until AFTER I returned from Balad and pray I do not develop worsening respiratory issues later in life. Bottom line- by offering to burn at night, that is an admission of knowledge that it was not a safe practice to expose people to "during the day", and they should be held accountable. Sadly, they will likely plan bankruptcy rather than pay and pop up under a new name, like they did when they evolved from Haliburton.

Response by MSgt Private RallyPoint Member made Apr 1 at 2015 8:23 PM

MSgt Private RallyPoint Member — Wed, 01 Apr 2015 20:23:55 -0400

The government shouldn't even be as shielded as it is. Just because you sign a contract and collect a big, fat, taxpayer funded award doesn't mean you can get away with being substandard, murderous, and negligent. KBR, if I remember correctly, was found at fault with actual deaths of service members. Don't go telling me they should be shielded.

Response by MSG Private RallyPoint Member made Sep 2 at 2015 6:27 PM

MSG Private RallyPoint Member — Wed, 02 Sep 2015 18:27:22 -0400

I say no they should not be shielded because the government hired them to do a job not to poison the TROOPs and natives.

Response by MCPO Roger Collins made Sep 3 at 2015 8:53 AM

MCPO Roger Collins — Thu, 03 Sep 2015 08:53:47 -0400

Interesting that the EPA does not permit taking legal action against the contractor that spilled the toxic waste, yet we are discussing contractors for the DOD differently. What happened to equal protection under the law?