KBR Sued Over War Zone Burn Pits

CAPE FEAR, N.C. -- Three people from the Cape Fear region are among the plaintiffs in lawsuits filed across the country that claim defense contractors endangered troops and contractors in Iraq and Afghanistan while burning garbage in pits on U.S. bases.

The suits are against KBR and its former parent company, Halliburton. They claim exposure to fumes from the pits led to health problems and, in some cases, death.

There are seven plaintiffs in North Carolina, one of whom died. The others complain of various health problems, including asthma and other respiratory problems.

Similar suits were filed this week in Alabama, California, Georgia, Illinois, Minnesota, Missouri, New York and Wyoming.

Elizabeth Burke, the lead lawyer, said 70 plaintiffs are expected to file suit.

The lawyers want to form a class-action lawsuit. It asks for damages "sufficient to strip defendants of all of the revenue and profits earned."

The claim describes pits so large that tractors were used to push in trucks, tires, batteries, corpses, plastic and other waste, and the fire was regularly doused with fuel.

"These for-profit corporations callously exposed and continue to expose soldiers and others to toxic smoke, ash and fumes," states the suit, which is being handled across the country by the Washington-based law firm Burke O'Neil. "These exposures are causing a host of serious diseases, increased risk of serious diseases in the future, death and increased risk of death."

The military has acknowledged concerns about the burn pits. But a study by the military on the pits at Balad Air Force Base in Iraq concluded that those exposed to the fumes for less than a year would not have a prolonged health risk.

KBR, which was paid millions by the government to dispose of waste in Iraq and Afghanistan, has not responded specifically to the lawsuits.

"The general assertion, however, that KBR knowingly harmed soldiers or contractors is unfounded,'' KBR said in a statement given to CNN. "The safety and security of all employees and those the company serves remains KBR's top priority.''

The complaint describes the health problems of the plaintiffs and says they can be directly linked to exposure to the smoke from burn pits. It says the pits began in 2004 and continue burning today.

Complaint details

According to the complaint:

Steven Ochs of Fuquay-Varina died July 12, 2008. He was deployed to Balad Air Force Base and became ill with cancer, severe congestion, sinus problems and other illnesses before his death.

David Newton of Spring Lake was deployed to Balad Air Force Base. He suffers from asthma, reactive airway disease, chronic bloody coughing and frequent vomiting.

Benny Lyle Reynolds Jr. of Fort Bragg was deployed to Iraq and exposed to burn pits. Reynolds began to cough and have other respiratory problems after exposure to the smoke. He continues to suffer from upper respiratory problems, including a severe case of pneumonia, constant coughing, bronchial spasms, shortness of breath and sinus problems.

Earl Chavis of Pembroke was employed by KBR at Balad Air Force Base as a truck driver. His truck would fill with smoke as he drove past the burn pits. He began suffering respiratory problems and now suffers from asthma, restrictive airways disease, sleep disorder, migraine headaches, weight loss and joint pain.

"They would burn anything and everything in these open-air burn pits," said John S. Austin, the lawyer for the suits in North Carolina. "The defendants knew or should've known that these noxious fumes would have a detrimental impact to our troops and our contractors."