Airborne Hazards and Open Burn Pit Registry.

[Ooh-Rah]

<UPDATE>

Court Deals Major Blow To Veterans Suing Military Contractor Over Burn Pits

A federal judge has dismissed a major lawsuit against a defense contractor by veterans and their family members over burn pit operations in Iraq and Afghanistan that plaintiffs said caused them chronic and sometimes deadly respiratory diseases and cancer.

In the decision, U.S. District Court Judge Roger W. Titus wrote that the company, KBR, could not be held liable for what was essentially a military decision to use burn pits for waste disposal. Titus said holding the Pentagon responsible was outside of his jurisdiction.

“The extensive evidence … demonstrates that the mission-critical, risk-based decisions surrounding the use and operation of open burn pits … were made by the military as a matter of military wartime judgment,” Titus wrote in an 81-page opinion.

 

[pardus]

<UPDATE>

Court Deals Major Blow To Veterans Suing Military Contractor Over Burn Pits

A federal judge has dismissed a major lawsuit against a defense contractor by veterans and their family members over burn pit operations in Iraq and Afghanistan that plaintiffs said caused them chronic and sometimes deadly respiratory diseases and cancer.

In the decision, U.S. District Court Judge Roger W. Titus wrote that the company, KBR, could not be held liable for what was essentially a military decision to use burn pits for waste disposal. Titus said holding the Pentagon responsible was outside of his jurisdiction.

“The extensive evidence … demonstrates that the mission-critical, risk-based decisions surrounding the use and operation of open burn pits … were made by the military as a matter of military wartime judgment,” Titus wrote in an 81-page opinion.

I have to agree with the decision. Personally I think the pits hurt me, but the DoD is ultimately responsible for them. Contractors work to U.S. Govt standards.

 

[Gunz]

The only way KBR could be held liable would be if the DoD had approached KBR and asked the company to determine the best method of waste disposal and then implement it. In that scenario, KBR, as the "contracted consulting expert" would share or shoulder most of the blame. But apparently that didn't happen.

 

[BloodStripe]

The only way KBR could be held liable would be if the DoD had approached KBR and asked the company to determine the best method of waste disposal and then implement it. In that scenario, KBR, as the "contracted consulting expert" would share or shoulder most of the blame. But apparently that didn't happen.

Even if they did, someone from the DOD gave them the green light to put it there. Had it been a private burn pit that only KBR used for KBR purposes, then they would be at fault.

 

[Gunz]

Even if they did, someone from the DOD gave them the green light to put it there. Had it been a private burn pit that only KBR used for KBR purposes, then they would be at fault.

What I'm saying is, if you hire a company to construct something for you--a building, a machine, a swimming pool or a waste management facility--and they screw it up or build it improperly or advise you to build it a certain way that turns out to cause damage or harm, they, as the licensed experts, are responsible. That did not happen in this case and the ruling was justified.

 

[BloodStripe]

What I'm saying is, if you hire a company to construct something for you--a building, a machine, a swimming pool or a waste management facility--and they screw it up or build it improperly or advise you to build it a certain way that turns out to cause damage or harm, they, as the licensed experts, are responsible. That did not happen in this case and the ruling was justified.

If that were the case, anytime there is an aviation crash, the manufacturers would be held liable. I believe the Judge ruled correctly, even though it sucks for vets, but it's ultimately a "technical expert" from the DOD, be it civilian or military, that gives approval, even when he contractor is designated as the SME. If the contractor designed the item with malicious intent to cause harm or fraudulently, then I totally agree with what you are saying, but I think it is safe to say that wasn't KBR's intent. Luckily I haven't had to experience anything like this since joining the acquisition community so I don't have any GAO cases to list, but a quick Google search brought up the case of the Minnesota bridge collapse back in 2007 and a Nuclear Waste Treatment Plant, which both seem to center around fraudulent claims which I think is a big diversifying factor in comparing these cases to KBR.

With regards to the bridge collapse, and @Ooh-Rah can probably provide a better gap in information, the Government has blamed the engineering firm for a flaw in the design of the bridge, even though it was over 40 years ago. The contractor used a piece of steel plate that served as a junction of several girders. As it turns out, it wasn't thick enough to support the weight as more weight was added to the bridge over the years. From the NYT, "The bridge was designed in the 1960s and lasted 40 years. But like most other bridges, it gradually gained weight during that period, as workers installed concrete structures to separate eastbound and westbound lanes and made other changes, adding strain to the weak spot. At the time of the collapse, crews had brought tons of equipment and material onto the deck for a repair job." Here are a two deals I found between the Government and victims during my quick research ($38 million deal reached in Minn. bridge collapse - CNN.com ; Last Minneapolis Bridge Collapse Lawsuit Settled For $52.4 Million ; & Construction co. settles bridge collapse lawsuits). There is a lot to this case, especially given its age and the fact that dating as far back as 1990, the state and the contractor were both aware of this issue of the girder junctions. But, since URS Corp were the engineering firm tasked with conducting the yearly safety inspections, they should be held liable.

The Nuclear Waste Treatment Plant lawsuit was on the basis of making fraudulent statements made by the contractor. They stated they built a structure to the standards used to treat dangerous radioactive wastes, and then charged the Government as such. Meanwhile, they actually didn't build it the required specs. United States Settles Lawsuit Against Energy Department Contractors for Knowingly Mischarging Costs on Contract at Nuclear Waste Treatment Plant.

 

[Bypass]

I have been diagnosed with thyroid cancer by the VA and I now have the worst case of psoriasis my doctor has ever seen in his words. We had a burn pit right next to our dwelling in Iraq at FOB Delta which was used most of the day so whenever my three man team got off mission we got to enjoy the sweet smell of burning plastic and anything else anyone cared to throw into the fire.

Anyone else having any issues like this?

If you are then I suggest entering the burn pit registry in case you as well have any future or current problems.

Were you exposed to burn pits while deployed?

 

[AWP]

I merged the threads.

Anyone who thinks the burn pits aren't/ won't be a problem is a damned idiot.

 

[Bypass]

I merged the threads.

Anyone who thinks the burn pits aren't/ won't be a problem is a damned idiot.

Thank you. I didn't see this thread.

 

[AWP]

Thank you. I didn't see this thread.

No worries. I hope things improve for you and your family.

Fuck cancer.

 

[Bypass]

No worries. I hope things improve for you and your family.

Fuck cancer.

Thank you and agreed.

 

[Red Flag 1]

.

 

[Bypass]

I am very sad to hear about your Thyroid cancer diagnosis.

If I can help, give me a shout.

Thank you brother. I appreciate that. The VA says Thyroid cancer is the slowest developing cancer and they are monitoring it with some action to be taken very soon I suspect.

 

[RackMaster]

@Bypass sorry to hear. Sadly I think it will be the cause of most our death's.

FUCK CANCER !

 

[BloodStripe]

I have been diagnosed with thyroid cancer by the VA and I now have the worst case of psoriasis my doctor has ever seen in his words. We had a burn pit right next to our dwelling in Iraq at FOB Delta which was used most of the day so whenever my three man team got off mission we got to enjoy the sweet smell of burning plastic and anything else anyone cared to throw into the fire.

Anyone else having any issues like this?

If you are then I suggest entering the burn pit registry in case you as well have any future or current problems.

Were you exposed to burn pits while deployed?

It's my understanding that psoriasis is hereditary. However, I know too many OIF/OEF vets that have it that I have a strong belief that the two coincide with each other.

Stay strong brother.

 

[Red Flag 1]

t.

 

[Ooh-Rah]

- UPDATE -

Joe Biden links military burn pits to Beau Biden's cancer | Daily Mail Online

Joe Biden has acknowledged that toxic military burn pits could have been a 'significant' factor that drove his son to an early death from terminal brain cancer. Beau Biden, who was 46 when he died in 2015, served in Iraq at two locations which commonly burned waste in open pits, using jet fuel to speed up the process.

Now, after years of studies suggesting links between cancer and burn pits, Beau's father Joe has made his first public comments on the matter, saying he was 'stunned' by a book which tracked his son's exposure to the carcinogenic fumes.
'[T]hat stunned me. I didn’t know that,' Biden said in an interview with PBS News Hour on Wednesday.

 

[pardus]

I believe that burn pits will be the GWOT version of Agent Orange in Vietnam.

 

[Gunz]

Let's hope it doesn't take as long for the VA to acknowledge the burn pit connection as it did for AO. Lives will be lost by delay.

 

[Florida173]

Did AO have any qualitative means for proof, or was it just increased cancer rates? Because I remember reading that they still don't have conclusive evidence on the effects from lab studies and that the rates are not necessarily more than those that didn't serve.

I don't know what the effects of the burn pits are specifically, but anyone can do a PFT. Last time I did it I came out with a 25% lung capacity. No idea if it's related.