Tuesday, November 18, 2014

Veterans claim contractor in charge of burn pits is responsible for lung illnesses



Today's post is shared from pbs.org/

Sgt. Robert B. Brown watches over the civilian Fire Fighters at the burn pit at camp Fallujah, Iraq as smoke and flames rise into the night sky behind him on May 25th, 2007. Official USMC photograph by Cpl. Samuel D. Corum
Sgt. Robert B. Brown watches over the civilian Fire Fighters at the burn pit at camp Fallujah, Iraq as smoke and flames rise into the night sky behind him on May 25th, 2007. Official USMC photograph by Cpl. Samuel D. Corum

Susan Burke

TRANSCRIPT

GWEN IFILL: Brain injury and post-traumatic stress disorder are two well-known signature wounds of the wars in Iraq and Afghanistan. But there is another injury, lung disease, that afflicts tens of thousands of veterans. Many blame a single defense contractor and have filed a class action lawsuit, a case that has now made its way to the Supreme Court.
NewsHour producer Dan Sagalyn has been covering this, and Hari Sreenivasan has the story.
MAN: We have a burn pit down here.
HARI SREENIVASAN: This shaky video of smoke from burning garbage was shot by an American soldier in Iraq in 2008. Throughout most of the wars in Iraq and Afghanistan, the military used so-called burn pits to dispose of virtually all waste.
MAN: That is what we leave next to. Luckily, the wind is not blowing our way today.
HARI SREENIVASAN: All kinds of things went up in smoke, from batteries, paint, solvents and tires, to newspapers, plastic water bottles, styrofoam, electronic equipment, and shipping materials such as plastic wrap. Even whole vehicles were burned.
At large bases, 30 to 40 of tons garbage were burned every day. At the gigantic logistical hubs, three to five times that amount was burned. Sometimes, jet fuel was even used to ignite the trash....
[Click here to see the rest of this post]

Click here to watch the video


Friday, November 14, 2014

The PBS NewsHour will broadcast its story about the Burn Pit Litigation case on Monday, November 17.


The PBS NewsHour will broadcast its story about the Burn Pit Litigation case on Monday, November 17. 

The PBS NewsHour is broadcast on PBS between 6pm and 7pm EST on about one third of the network, and then rebroadcast between 7pm and 8pm EST, and then again on the west coast between 6pm and 7pm Pacific time.

Here is the trailer: https://www.youtube.com/watch?v=IWD4IQw2Ga4&feature=youtu.be

If you miss the broadcast you’ll be able to watch the story athttp://www.pbs.org/newshour/

There will also be a slide show and excerpts of some of the interviews.

Tuesday, July 15, 2014

Lawmakers Want Answers on the Effects of Iraq and Afghanistan’s Burn Pits

Representatives in the US Senate and Congress have expanded their focus on the Veterans Administration's treatment of Iraq and Afghanistan war medical benefits and in particular the residuals of burn bit exposures. Today's post is shared from defenseone.com

The Obama administration prides itself on righting the sins of past regimes, including expanding access to health care for Vietnam veterans who suffered from exposure to the herbicide Agent Orange.

But veterans groups worry the administration is on track to repeat past mistakes by refusing thousands of disability claims that Iraq and Afghanistan veterans say are related to breathing toxic fumes from open burn pits—which were used for years to discard everything from trash and human waste to vehicles and batteries.

The Veterans Affairs Department finally opened a congressionally mandated online registry for burn-pit victims late last month, and lawmakers are starting to look at how to move forward on helping veterans who believe their illnesses—ranging from bronchitis to cancer—are tied to exposure to the fumes.

Click here to read more of this report
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Friday, June 20, 2014

US VA Opens Burn Pit Registry

The US Veterans Administration has now opened its Burn Pit Registry:

The registry is a database of information about Veterans and Service members collected through a questionnaire.

OEF/OIF/OND or 1990-1991 Gulf War Veterans and Service members can use the registry questionnaire to report exposures to airborne hazards (such as smoke from burn pits, oil-well fires, or pollution during deployment), as well as other exposures and health concerns.
Click here to register with the Veterans Administration.
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Click here to submit your information for the Burn Pit Lawsuit.

Monday, June 16, 2014

US Supreme Court Invites The US Solicitor General to File a Brief

The 4th Circuit Court of Appeals recently ruled that the Burn Pit Lawsuit could go forward and KBR is attempting to appeal that decision.

The case was listed conferenced by the US Supreme Court on June 12, 1014 to determine whether or not the appeal would be permitted by the Court.

On June 16, 2016, The US Supreme Court Ordered that, "The Solicitor General is invited to file a brief in this case expressing the views of the United States."

The following is shared from Scotus.com
KBR, Incorporated v. Metzgar
Pending petition

Petitions of the day
Apr 11 2014
Petition for a writ of certiorari filed. (Response due May 15, 2014)

Apr 14 2014
Brief amici curiae of Associated General Contractors of America, et al. filed.

May 15 2014
Brief of respondents Alan Metzgar, et al. in opposition filed.

May 27 2014
DISTRIBUTED for Conference of June 12, 2014.

May 27 2014
Reply of petitioners KBR, Incorporated, et al filed. (Distributed)

Jun 16, 2014
The Solicitor General is invited to file a brief in this case expressing the views of the United States.

Related articles

Tuesday, June 3, 2014

A Petition for US Supreme Court Review Filed by KBR Incorporated

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. The Supreme Court has listed the matter for Conference on June 12, 2014.

Related Articles:
Mar 19, 2014
The law provided the VA one year to develop, implement, and maintain an open burn pit registry of service members and veterans who may have been exposed to toxic chemicals and fumes from open air burn pits in Iraq and ...
Mar 27, 2014
The group, Right to Heal, says that veterans and civilians continue to feel the effects of the burn pits — banned by Congress four years ago — that were used to dispose of military waste, and that new health problems arise ...
Mar 24, 2014
“The use of open-air burn pits has been recognized as a significant danger to our military personnel and, thanks in part to legislation I authored, that use has been limited. Research conducted at the Stony Brook University ...
Apr 04, 2014
“The use of open-air burn pits has been recognized as a significant danger to our military personnel and, thanks in part to legislation I authored, that use has been limited. Research conducted at the Stony Brook University .
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades theLaw Offices of Jon L Gelman jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Click here to submit your information.

Friday, April 4, 2014

US 4th Circuit Court of Appeals Grants Stay


On April 3, 2014 the US 4th Cir Ct of Appeals granted a stay of its Mandate that the case (In Re Burn Pit Litigation) 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 in an effort to appeal the matter.

Related stories:
Mar 24, 2014
“The use of open-air burn pits has been recognized as a significant danger to our military personnel and, thanks in part to legislation I authored, that use has been limited. Research conducted at the Stony Brook University ...
Mar 27, 2014
Burn Pit dust and fumes in Iraq has now becoming the subject of environmental claims by an expanding advocacy group. Today's post is shared from nytimes.com and focusses on the ever expanding alleged consequnces of ...
Mar 19, 2014
M.), a member of the Military Construction and Veterans Affairs Appropriations subcommittee, pressed the VA for answers regarding its failure to diligently and expeditiously implement the Open Air Burn Pit Registry as ...
Mar 07, 2014
KBR Inc. and Halliburton Co. (HAL) are not automatically immune from claims by military service members suing over health damage from the contractors' burn pits, a federal appeals court ruled, (Click here for full ruling) ...
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades theLaw Offices of Jon L Gelman jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Click here to submit your information.