chromium exposure story

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Guardsmen sue KBR over chemical exposure

(CNN) -- Attorneys for 16 Indiana National Guard soldiers on Wednesday

sued the largest U.S. contractor in Iraq, alleging the company

knowingly exposed the soldiers to a cancer-causing toxic chemical.

The lawsuit against Houston-based KBR, which seeks an unspecified

amount, alleges that the soldiers were exposed to sodium dichromate, an

inorganic compound containing a highly toxic form of chromium known as

hexavalent chromium.

The soldiers say that they, along with other American civilian

contractors, were exposed to the chemical at the Qarmat Ali water

pumping plant in southern Iraq shortly after the U.S. invasion in 2003.

KBR was tasked with getting the plant up and running using civilian

contractors. The National Guardsmen were assigned to protect the

civilian workers.

The Guardsmen and civilian contractors who worked there have described

walking on and sitting near the bright orange powder that was widely

dispersed throughout the grounds of the water plant. The chemical was

believed to have been left behind by forces loyal to Saddam Hussein.

Some of the Guardsmen already suffer from nasal tumors or respiratory

system problems and other health problems, according to the lawsuit.

One of the guardsmen may have died from the exposure, though the exact

cause of his death earlier this year is still not clear.

The odorless sodium dichromate was used at the plant as an

anti-corrosive, the lawsuit says. The chemical contained nearly pure

hexavalent chromium, the toxic substance that poisoned homeowners in

Hinkley, California, and was made famous by activist Brockovich,

according to the suit.

For the Guardsmen, KBR's " knowing acts and omissions " resulted in

" months and months of unprotected, unknowing, direct exposure to one of

the most potent carcinogens and mutagenic substances known to man, " the

lawsuit alleges.

A spokeswoman for KBR said the company was still reviewing the lawsuit,

but denied responsibility for creating unsafe conditions at the plant.

" We are not providing comment on the suit at this time. The company

does intend to vigorously defend itself, " KBR spokeswoman

Browne said.

The Guardsmen say the company knew about the dangers of exposure to the

chemical as far back as 2003, but did not act to protect the soldiers.

" KBR managers knew full well long ago that this stuff was incredibly

dangerous. But there was no information about it for years. And now

these soldiers are facing some pretty serious health concerns. They're

going to be stuck with this the rest of their lives, " said Doyle.

" The most frustrating thing is that these guys are finding out years

later that they were exposed to something, " said Mike Doyle, one of the

Houston attorneys representing the Guardsmen.

KBR took issue with the allegation that the company knowingly exposed

the soldiers or anyone else and did nothing to help.

" KBR's commitment to the safety and security of all employees, the

troops and those we serve is the company's top priority, " the statement

read.

" KBR appropriately notified the Army Corps of Engineers upon discovery

of the existence of the substance on the site and the Corps of

Engineers concluded that KBR's efforts to remediate the situation were

effective. Further, the company in no way condones any action that

would compromise the safety of those we serve or employ. "

Mark McManaway, a father and grandfather, was an Indiana National Guard

sergeant at the water plant from May through September 2003, when the

worst exposures are believed to have occurred. He is one of the

plaintiffs in the lawsuit.

" The worst part is that the military has only just recently advised us

that the stuff we were exposed to was much worse than they thought

while we were out there, " said McManaway. " It's in our bodies, but we

don't know how bad it is. Maybe within the next five years cancers

could start showing up. You've got a ticking time bomb in you -- and

when's it going to go off? "

The U.S. military is not named as a defendant in the lawsuit.

The toxic chemical made famous by Brockovich in California was a

diluted form of hexavalent chromium that caused serious illnesses after

being ingested by homeowners through their water. The chemical the

Guardsmen were exposed to in Iraq was a nearly pure form of the

chemical and could have been inhaled directly by anyone working at the

plant.

The U.S. Senate held hearings in August on emerging concerns about the

exposure to the toxic chemicals after reports of civilian contractors

and their exposure to the chemicals at the water plant.

But officials of the National Guard -- and most of the Guardsmen who

worked at the plant -- were not even aware of the possible dangers at

the time of the hearing. Some heard about for the first time during the

televised hearings. Only then did the National Guard begin efforts to

find the men, some of whom had already been back in the United States

for four years.

An estimated 275 American soldiers may have been exposed to the

chemical at the water plant, over a period of months through mid- to

late-2003.