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$85 million awarded to 12 Oregon soldiers; KBR guilty of negligence, not fraud

Posted by defensebaseactcomp on November 2, 2012

Oregon Live  November 2, 1012

A Portland jury found defense contractor KBR Inc. was negligent, but did not commit fraud against a dozen Oregon Army National Guard soldiers who sued the company for its conduct in Iraq nine years ago. Magistrate Judge Paul Papak announced the decision about 3:35 p.m. the U.S. Courthouse in Portland. Each soldier was awarded $850,000 in non-economic damages and $6.25 million in punitive damages.

“It’s a little bit of justice,” said Guard veteran Jason Arnold, moments after the verdict was announced Friday afternoon. Arnold was one of four of the soldier-plaintiffs in the courtroom was the verdict was read.

The verdict should send an important message to those who rely on military troops, he said.

“We’re not disposable,” said another soldier, Aaron St. Clair. “People are not going to make money from our blood.”

KBR’s lead attorney, Geoffrey Harrison, said the company will appeal.

“We will appeal the jury’s incorrect verdict,” he said. “We believe the trial court should have dismissed the case before the trial.”

Harrison said the soldiers’ lawyers produced a medical expert, Dr. Arch Carson, who offered “unsupported, untested medical opinions” that each soldier had suffered invisible, cellular-level injuries as a result of their exposure to hexavalent chromium.

The verdict means the jury did not hear clear and convincing evidence that KBR intended to deceive the soldiers in the way it operated at the Qarmat Ali water treatment plant, near Basra, Iraq. But they did find that the company failed to meet its obligations in managing the work at the plant.

Friday’s verdict closes the first phase of a web of litigation between National Guard and British troops against KBR Inc., the defense contractor they accuse of knowingly exposing them in 2003 to a carcinogen at Qarmat Ali. KBR has denied the accusations.

In Oregon another set of Oregon soldiers are waiting in the wings for their day in court. Magistrate Judge Paul Papak and the attorneys agreed earlier to hold an initial trial with the first 12 soldiers, in order to keep the proceedings from becoming too unwieldy. A second trial, featuring all or some of the remaining 21 plaintiffs, could begin in federal court in Portland this winter.

Another lawsuit brought by Indiana soldiers against KBR is on hold in federal court in Texas, while an appeals court considers a jurisdictional issue.

The cases stem from the chaotic aftermath of the U.S.-led invasion of Iraq in March 2003. The Army Corps of Engineers hired KBR Inc. to run a massive program called Restore Iraqi Oil. The program involved dozens of sites throughout Iraq — sites that neither the Army nor KBR had visited before the invasion. The project was intended to quickly restore the flow of Iraq’s oil, partly to fund the war. The Pentagon remembered the way Saddam Hussein had lit the fields on fire during the first Gulf War, and feared a repeat in 2003.

Qarmat Ali was a compound where water was pumped underground to drive oil to the surface elsewhere. For decades, Iraqis had treated the water with sodium dichromate, an anticorrosion agent that contains hexavalent chromium, a known carcinogen. (Sodium dichromate is banned in the United States.)

Iraq’s Southern Oil Co. took delivery of sodium dichromate, an orange-yellow crystalline powder, in bags that were stored on site. Soldiers and others testified that the material was loose and drifting around the site, and had contaminated areas even outside the chemical injection building where it was added to the water.

How contaminated was it? Accounts differ. Even one of the plaintiffs in this case said he didn’t notice any soil discoloration. One of the British soldiers whose testimony was prerecorded said it was everywhere. Another Oregon soldier said it settled heavily on the clothing of the soldiers, who unwittingly carried it back to their camps over the border in Kuwait.

Much of KBR’s defense in the first Oregon trial focused on just how unlikely it was that any soldier — who visited the plant at durations from one day to 21 days — could have been exposed to dangerously high levels of sodium dichromate. But one of the most gripping portions of the testimony was when Oregon veteran Larry Roberta described eating a chicken patty that had been coated with the orange crystals, which he said immediately burned in his esophagus, causing him to vomit.

Roberta now is confined to a wheelchair and takes oxygen from a tank in his backpack. He had a history of gastrointestinal issues, but attributes much of his poor health to his time at Qarmat Ali.

Harrison, KBR’s lawyer, said the company “believes in the judicial process and respects the efforts and time of the jurors,” but believes the process that brought the case to conclusion Friday shouldn’t have been allowed to come so far.

“KBR did safe and exceptional work in Iraq under difficult circumstances,” he said in a brief, prepared statement. “We believe the facts and law ultimately will provide vindication.”

Soldier-plaintiff Arnold said the message of the verdict is unmistakable. He said service members are being exploited “to this day.”

Now, he said, “the voice will be out. There will be a lot more scrutiny.”

Posted in ACE, AIG and CNA, AWOL Medical Records, Cancer, Chartis, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Exclusive Remedy, Follow the Money, Iraq, KBR, Toxic Exposures, War Hazards Act | Tagged: , , , , , , , , , | Leave a Comment »

Burn, Baby !, Burn !

Posted by defensebaseactcomp on September 4, 2012

Remember when rioters in Watts, Calif., began shouting “Burn, Baby! BURN!” in the turmoil of 1965? I’m sure they didn’t have the following future in mind.

That would be the various lawsuits against KBR for operating burn pits in Iraq and Afghanistan. But we should all be paying attention to this and not just for the human toll it has taken on soldiers and contractors. It also says something disturbing about the ability of the federal government to exercise proper control over its private contractors.

by David Isenberg at Huffington Post  September 4, 2012

An article, “Military Burn Pits in Iraq and Afghanistan: Considerations and Obstacles for Emerging Litigation” by Kate Donovan Kurera, in the Fall 2010 issue of the Pace Environmental Law Review provides the necessary insight.

For those who haven’t been paying attention the last four years the background goes thusly:

Burn pits have been relied on heavily as a waste disposal method at military installations in Iraq and Afghanistan since the beginning of United States military presence in these countries in 2001 and 2003, respectively. Little attention was paid to the pits in Iraq and Afghanistan until Joshua Eller, a computer technician deployed in Iraq, filed suit in 2008 against KBR for negligently exposing thousands of soldiers, former KBR employees, and civilians to unsafe conditions due to “faulty waste disposal systems.” Eller and a group of more than two hundred plaintiffs returning from their tours of duty, attribute chronic illnesses, disease, and even death to exposure to thick black and green toxic burn pit smoke that descended into their living quarters and interfered with military operations.

The plaintiffs assert that they witnessed batteries, plastics, biohazard materials, solvents, asbestos, chemical and medical wastes, items doused with diesel fuel, and even human remains being dumped into open burn pits. Defense Department officials say this waste stream contained items now prohibited pursuant to revised guidelines. Plaintiffs contend that KBR breached these contracts by negligently operating burn pits.

As of August 2010 there were an estimated two hundred and fifty one burns pits operating in Afghanistan and twenty two in Iraq. The most attention has focused on the burn pit operating at Joint Base Balad in Iraq, which was suspected of burning two hundred and forty tons of waste a day at peak operation

While the health impact of the pits is what the media focuses on, Kurera sees even more important legal issues: She writes:  Please read the entire article here

Posted in ACE, Afghanistan, AIG and CNA, AWOL Medical Records, Burn Pits, Cancer, Chartis, Civilian Contractors, Defense Base Act, Exclusive Remedy, Iraq, KBR, Misjudgements, Political Watch, Toxic Exposures, Zurich | Tagged: , , , , , , , , , | 1 Comment »

Army Wants PTSD Clinicians to Stop Screening for Fakers: Chances are they are probably ailing

Posted by defensebaseactcomp on August 3, 2012

While even the military realizes the dangers of delaying and denying PTSD Diagnoses and Treatment

The Defense Base Act Insurance Companies and their Overly Zealous Defense continue to brutally delay and deny diagnoses and treatment of PTSD to injured war zone contractors, most having served their country in the military.

In fact they are still allowed to force PTSD patients to undergo psychological  interrogation by the infamous Dr John Dorland Griffith who has been discredited over and over again, and falsely accused injured war zone contractors of malingering.  Many PTSD claims were denied based on his paid in cash testimony.

In case after case treatable PTSD becomes a chronic lifelong condition, destroying lives, shredding families.

Ultimately costing taxpayers and our society as a whole much more in the long run but provide more profits for the insurer and ever more fees for attorneys on both side of this boondoggle.

The Department of Labor presented policy five years requiring PTSD Claims to be expedited but the policy was never implemented.

Wired’s Danger Room

In a big reversal, the Army has issued a stern new set of guidelines to doctors tasked with diagnosing post-traumatic stress disorder (PTSD) among returning soldiers. Stop spending so much time trying to spot patients who are faking symptoms, the new guidelines instruct. Chances are, they’re actually ailing.

The 17-page document has yet to be made public but was described in some detail by the Seattle Times. In it, the Army Surgeon General’s Office specifically points out — and discredits — a handful of screening tests for PTSD that are widely used by military clinicians to diagnose a condition estimated to afflict at least 200,000 Iraq and Afghanistan veterans.

The Army Surgeon General finds great fault with a dense personality test popular with clinicians that ostensibly weeds out “malingerers,” as PTSD fakers are known.

But the results of what’s known as the Minnesota Multiphasic Personality Test are flawed, according to the report. PTSD sufferers often exhibit anxiety, insomnia, flashbacks and depression — all of which, some doctors believe, can be discounted under the test. The test devotes a large swath of questions to catching apparent exaggerations of symptom severity, seemingly inconsistent answers, or reported symptoms that don’t mesh with the typical signs associated with an illness.

“The report rejects the view that a patient’s response to hundreds of written test questions can determine if a soldier is faking symptoms,” the Seattle Times summarized. Where PTSD is concerned, that’s especially true. The condition is accompanied by symptoms that can differ markedly between patients: Some are hyperactive, others are lethargic; some exhibit frenetic rage while others are simply sullen and depressed.

“And,” the Times continued, “[the report] declares that poor test results ‘does not equate to malingering.’”

Those tests were the standard of care at Madigan Army Medical Center — which is a big deal. Located in Tacoma, Washington, Madigan isn’t just one of the military’s largest medical installations. It’s home to a forensic psychiatry team tasked with deciding whether soldiers diagnosed with PTSD were sick enough to qualify for medical retirement. In March, the Army launched an investigation of the Madigan team after Madigan’s screening procedures allegedly reversed 300 of the PTSD diagnoses among soldiers being evaluated.

The reversals resulted in some soldiers being diagnosed with “personality disorders” and others left with no diagnosis at all. Madigan allegedly used the tests to save money by limiting the number of patients who’d qualify for retirement. “

Posted in ACE, AIG and CNA, AWOL Medical Records, Chartis, Civilian Contractors, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Delay, Deny, Department of Labor, Dropping the DBA Ball, Hope that I die, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Melt Down, Political Watch, PTSD and TBI, Suicide, Veterans, Veterans Affairs | Tagged: , , , , , , , , , , , , , , , | 2 Comments »

Wade Dill AIG/KBR PTSD DBA Casualty July 16th, 2006

Posted by defensebaseactcomp on July 15, 2012

After many years of surviving an extremely abusive and Overly Zealous Defense

Wade Dill’s  family was finally provided death benefits under the Defense Base Act

These benefits were recently taken away by the Benefits Review Board when Attorney Bruce Nicholson, who was actively pursuing a settlement with KBR/AIG’s Attorney Michael Thomas, had a contract with the widow, was an attorney with the Law Firm of Peyman Rahnama, was the attorney of record with the BRB, did not as much as respond to the Appeal.

While Bruce Nicholson is the one who apparently purposely abandoned the claim, Michael Thomas and the BRB were more than happy to carry on without notifying the widow that AIG’s appeal of her claim was unopposed.

The man I married was my prince charming.
We had grown up together.
High school sweethearts, we were married 17 ½ years.
I believe that if he had never gone over there he would still be
here today.
Something happened in Iraq.
He committed suicide the morning of July 16th, 2006
He left behind a lot of pain and two ruined lives.
I never dreamed I would be without him
and
my daughter without a father.

Our thoughts are with you today Barb

Posted in PTSD and TBI, AIG and CNA, KBR, Misjudgements, Department of Labor, Contractor Casualties and Missing, Racketeering, T Christian Miller, Civilian Contractors, Defense Base Act Law and Procedure, War Hazards Act, Iraq, Dropping the DBA Ball, Defense Base Act Attorneys, Defense Base Act Lawyers, AWOL Medical Records, LHWCA Longshore Harbor Workers Compesnation Act, Veterans, Defense Base Act, Defense Base Act Insurance | Tagged: , , , , , , , , , , , , , , , , , , | 3 Comments »

Dan Hoagland’s Death Sentence at the hands of AIG’s Overly Zealous Defense

Posted by defensebaseactcomp on July 4, 2012

Injured War Zone Contractor Dan Hoagland shares his story of medical treatment denied  by KBR/AIG resulting in a death sentence by Cancer with Sean Calleb.

Scott Bloch, Defense Base Act Attorney tells the truth about the Defense Base Act Insurance Scandal and our Defense Base Act Class Action Lawsuit.

Join our Defense Base Act Class Action Lawsuit here

Posted in AIG and CNA, AWOL Medical Records, Cancer, Chartis, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Lawyers, Delay, Deny, Department of Labor, Dropping the DBA Ball, Hope that I die, Interviews with Injured War Zone Contractors, Iraq, KBR, Misjudgements | Tagged: , , , , , , , , , , , , , , , , | 9 Comments »

CNA’s Deadly Paper Games, Just another CNA DBA Suicide in the making

Posted by defensebaseactcomp on June 21, 2012

It is certainly going to have the desired result. 

They are going to kill him and it is going to be soon. 

Before the year is out I believe this man is going to commit suicide.

PTSD Claims to be Expedited

CNA’s Deadly Paper Games do not begin or end with this Injured War  Zone Contractor

Nearly 14 months to the day of a Department of Labor District Director signing an Order approved by an ALJ stating that CNA must provide medical for a  severely Injured War Zone Contractor’s injuries, the details of which were gagged…..

And 3 1/2 months after Injured War Zone Contractor asked the District Director to find them in Default for not doing so……..

CNA produces a stack of  FAXES supposedly sent to Injured War Zone Contractors Doctors stating that they have “re-approved” payment of diagnoses and treatment, most of which were never approved, ever, much less “re- approved”.  In fact for most of the Doctors CNA denied diagnoses and treatment for blast injuries for many years.

Several Doctors stated that yes they received a FAX but that it did not mean they accepted the approval and that it did not guarantee payment.  Payment would have to made in advance.  CNA’s reputation for non payment is no secret.

The rest of the doctors state that they never received “approval” at all.

Unemployed and otherwise uninsured Injured War Zone Contractor pays for some visits via credit card as they are so vital.  Doctor then sends a bill to CNA for payment despite not having received an approval,  which CNA refuses.  Injured War Zone Contractors scheduled visits are then cancelled due to non payment by CNA.

These are deadly games CNA plays in order to continue to deny medical even after a hard won order is produced.

And who do they claim is vague, ambiguous, and whose claims are not supported by Facts, or should we say FAX?

It must be the very well respected and credentialed doctors, or the Attorney, or the Injured War Zone Contractor

This negligent paper game continues despite a recent medical report from February stating:

“I do not understand the entire bureaucracy issue.  He tells me that CNA has written to us and that we are approved for Workers’ Compensation.  We have no record to that effect.  We are just not going to be paid and they are not going to authorize treatment.  Bureaucracies have their problems but this almost seems to be purposeful.

It is certainly going to have the desired result.  They are going to kill him and it is going to be soon.  Before the year is out I believe this man is going to commit suicide.

And he’ll be just another CNA DBA Suicide.

Note:   CNA’s response is to ask for an informal conference.  Several informal conferences, a settlement conference with a Judge, orders signed by a Judge and the District Director, and yet another informal conference after an 18 month default is even a consideration???  Let’s just run this out until the end of year and we won’t have to worry about this guy anyway!!!!

Posted in AIG and CNA, AWOL Medical Records, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Delay, Deny, Department of Labor, Dropping the DBA Ball, Hope that I die, Injured Contractors, Interviews with Injured War Zone Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, PTSD and TBI, Suicide, Uncategorized, Veterans | Tagged: , , , , , , , , , , , , , , , , , , , , | 6 Comments »

The Defense of Freedom Medal Held Hostage by The Defense Base Act

Posted by defensebaseactcomp on May 31, 2012

WHY HAVE I NOT RECEIVED THE DEFENSE OF FREEDOM MEDAL?

The Defense of Freedom Medal is an award held to be the equivalent of the Purple Heart and is awarded to Civilian Contractors injured in the war zones. 

One question we get here repeatedly is why have I not received the Defense of Freedom Medal?   The question comes from severely disabled Civilian Contractors wounded in horrific explosions and insurgent attacks.

WHO IS HOLDING YOUR MEDAL HOSTAGE?

The company you work for is responsible for requesting  that you receive the medal and providing the documentation that you have indeed suffered a qualifying injury.

As all Injured War Zone Contractors know the minute you must file a Defense Base Act Claim you are automatically placed in an adversarial relationship with your employer.   Your Employer and the Defense Base Act Insurance Company are considered equal entities in the battle you have entered for your medical care and indemnity.

Your Employer is required to assist the insurance company in denying your claim.  Under the War Hazards Act the Employer/Carrier must prove to the WHA Tribunal that they have diligently tried to deny your claim.

It appears that your Defense of Freedom Medals could be held hostage by your Employers due to the adversarial relationship the Defense Base Act has created.

When KBR, DynCorp, Blackwater, Xe, et al, provide documentation of your injuries to the DoD they have just admitted that you are indeed injured and to what extent.

Specific information regarding injury/death: Description of the situation causing the injury/death in detail to include the date, time, place, and scene of the incident, and official medical documentation of the employee’s injuries and treatment. The description must be well documented, including the names of witnesses and point of contact (POC) for additional medical information, if needed.

These admissions sure would make it hard for Administrative Law Judges like Paul C Johnson to name them as alleged.   ALJ Paul C Johnson has yet to award benefits to a DBA Claimant in a decision based on a hearing.

KBR who can never seem to find their injured employees medical records holds the key to the Defense of Freedom Medal.

Certainly there are other lawsuits outside of the DBA that the withholding of this information is vital too.

For those of you who still give a damn after being abused by so badly simply because you were injured-

The Defense of Freedom Medal may find you many years down the road once an Administrative Law Judge says you were injured.

We recommend that you contact your Congressional Representative or Senator and have them request this Medal if you qualify for it and would like to have it.

If you are still litigating your claim it SHOULD serve to legitimize your alleged injuries.

Posted in ACE, AIG and CNA, AWOL Medical Records, Chartis, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Defense of Freedom Medal, Department of Defense, Department of Labor, Injured Contractors, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, Racketeering, War Hazards Act, Zurich | Tagged: , , , , , , , , , , , , , , , , , | 3 Comments »

Tim Eysselinck Casualty 8 Years Ago Today

Posted by defensebaseactcomp on April 23, 2012

Tim Eysselinck

You and your family in our thoughts today and everyday

Posted in AIG and CNA, AWOL Medical Records, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Department of Labor, Dropping the DBA Ball, Misjudgements, PTSD and TBI, Ronco Consulting, State Department, Suicide | Tagged: , , , , , | 3 Comments »

All’s Fair in Love and AIG WAR? No Ethics ?

Posted by defensebaseactcomp on March 14, 2012

Defense Base Act Claimants really are in another War Zone when they must file a DBA Claim.

As it turns out many, too many, of the Plaintiff’s own Attorneys are aiding and abetting the enemy

Last January ALJ  Berlin awarded the Dill Widow DBA Death Benefits in a very important PTSD/Suicide Claim.

This claim was denied for five years while Wade Dill’s  widow Barbara’s integrity was brutally attacked as though she had pulled the trigger herself.

KBR refused to supply Wade Dill’s medical records and other reports which would have exposed the state of mind he was in while still in Iraq.  But it is OK to defy discovery if you are AIG/KBR-SEII.  Do not try this yourself, you’ll lose your claim.

Dennis Nalick was the Attorney who brought this claim to a successful decision. 

Barbara Dill’s next Attorney, Bruce H Nicholson, refused to address misinformation in the records saying “you won the claim why would you want to mess with it”.

Mr Nicholson refuted any suggestion that this very important decision would be appealed.  He went so far as to tell the Widow that she should discontinue corresponding with those who assured her it would be.  Bad people we are, just trying to upset her needlessly.

AIG KBR SEII via Michael Thomas appealed the decision.

Mr Nicholson never responded to the Benefits Review Board on behalf of the Widow though he assured her he was on top of it and he and the widow corresponded regularly.

On February 28 the BRB overturned the ALJ’s decision, unopposed.  The widow was not represented at all.

Mr. Nicholson was though, prior to this decision, negotiating a “settlement” with Michael Thomas and AIG which would take this important PTSD Suicide decision out of this WAR as case law for all impending and future PTSD Suicide claims.  The same Mr Nicholson who posted here at the blog in response to the award:

“The decision represents a sound road map for work related contractor suicide claims and is unlikely to be overturned when followed.”

We ask, is no one in this wretched biased system held to any standard of ethical practice?

Mr Nicholson was responsible for representing the Widow and he did not.

Would it not have been a requirement of those who were involved in this to make the widow aware, to speak up?

We do not kid ourselves that this was simply a case of friendly fire.  There was too much at stake here.

Posted in AIG and CNA, AWOL Medical Records, Chartis, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Attorneys, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Base Act Lawyers, Defense Medical Examinations, Delay, Deny, Department of Labor, Dropping the DBA Ball, Follow the Money, Iraq, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI, Suicide | Tagged: , , , , , , , , , , , , , , , , , , , | 3 Comments »

Defense Base Act Defense Medical Examinations: Rewriting the Report

Posted by defensebaseactcomp on November 23, 2011

As a Defense Base Act Claimant you are required to submit to an examination by a physician the insurance company chooses for a second opinion.  These examinations are often improperly (fraudulently ?) referred to as Independent Medical Examinations which are something very different under the LHWCA/DBA.

Doctors who will do this work for insurance companies are generally known to write reports favorable to the insurance company.  Otherwise they would not continue to reap the large fees they receive for a single visit and much larger fees for being deposed under oath or testifying live at an ALJ hearing.

On occasion a DME Doc will actually acknowledge the claimants true diagnoses or simply not deny it vehemently enough to suit the insurance company that hired them.  So the insurance company asks them to rewrite the report, sometimes even telling them exactly how they want the report worded.

When the DME Doctor does not comply some insurance companies will go so far as to have another physician who has never even seen the patient, rewrite the report in their favor, and without your permission to use your private medical records.  This may be referred to as a Peer Review.

We know they do, we have some of the emails and the reports.

Add to your DME preparation list a signed HIPAA form directing the DME Doctor to provide your treating physician with any and all medical reports regarding you.  Your treating physician will have these forms and prepare them for you.

You are entitled to any and all reports, lab results, test results, regarding your medical.  You will probably have to have your attorney subpoena these but never ever allow them to not provide them.

Posted in AWOL Medical Records, Civilian Contractors, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure, Defense Medical Examinations, Department of Labor, Independent Medical Examinations, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, PTSD and TBI | Tagged: , , , , , , , , , , , , | 1 Comment »

Defense Base Act Class Action Lawsuit

Posted by defensebaseactcomp on September 26, 2011

Today  Injured War Zone Contractors and Scott Bloch filed a

Class Action Lawsuit

against the

Defense Base Act Insurance Companies

and some Employers.

Scott Bloch files complaint for $2 billion against major government contractors like

KBR, Blackwater/Xe, DynCorp, G4S/Wackenhut/Ronco Consulting

and the global insurance carriers

AIG, CNA, ACE, Zurich,

on behalf of thousands of former employees,

for

unlawful, fraudulent and bad-faith mistreatment of

injured employees and their families  

Brink Vs. CNA et al

The Defense Base Act Compensation blog and it’s contributors invite you to

Join our Class Action here

The truth will be exposed

WASHINGTON, DC (September 26, 2011)

Since 2003, top government contractors like Blackwater, KBR, DynCorp, CSA/AECOM and ITT have been perpetrating a fraud on their employees and on the American public.  The silent warriors who work for these companies, many of them decorated former military service members, have been injured, mistreated and abandoned by the contracting companies and their insurance carriers who have been paid hundreds of millions of dollars in premiums.

“It is a grave injustice,” Bloch said, “to those who rode alongside American soldiers, including Iraqi and Afghani Nationals, to be case aside without the benefits of the law.  We are supposedly trying to bring them the rule of law.  We are supposedly trying to encourage them in democractic institutions.  We are the ones asking them to believe in justice and individual rights.  This is a travesty to all Americans and those around the world who look to America for an example of humanitarian aid and proper treatment of workers.”

This is a lawsuit for damages in the amount of $2 billion to remedy the injuries and destruction caused to the lives, finances and mental and physical well being of thousands of American families and others whose loved ones were injured while serving America under contracts with the United States.  It seeks an additional unspecified amount to punish the companies who made massive profits while causing this harm to people unlawfully and maliciously and working a fraud on the American public who paid them.
“This abusive and illegal scheme by the defendants has been allowed to go on for too long.  We are talking about loss of life, suicide, loss of homes, marriages, families split up, “ Bloch said, “and the culprits are the large government contractors who should have treated their employees better, and the mega-insurance companies who were paid a hefty sum to make sure the employees were taken care of with uninterrupted benefits in the event of injuries in these war zones.”
This complaint is filed due to actions and omissions of defendants, in conspiracy with others, and individually, to defeat the right of American citizens and foreign nationals to receive their lawful benefits and compensation under the Defense Base Act (“DBA”),  as it adopts the Longshore and Harbor Workers’ Compensation Act (“LHWCA”).
The lawsuit explains that those sued engaged under the RICO statute in an enterprise of fraudulent and or criminal acts to further their scheme to defeat the rights of individuals who have been injured or suffered occupational diseases, and death, while on foreign soil in support of defense activities under the DBA.   These acts were perpetrated repeatedly through bank fraud, mail fraud, wire fraud, using telephones, faxes, and United States mail .
“These are heroes, decorated by America’s Armed Services,” said Bloch.  “Some of the foreign contractors were decorated special forces soldiers from their countries who assisted the United States in combating threats.  The sheer disregard for human dignity and law is reprehensible and deserves punishment.  These families and many others who have been harmed need treatment, need compensation, need redress of the wrongs that have been perpetrated by these huge companies and insurance carriers for the last 10 years.  They have earned $100 billion per year on the backs of these people, with the blood of these plaintiffs and those whom they represent.”
The was filed in the United States District Court for the District of Columbia and covers individuals from all over the United States, South Africa, Iraq, Afghanistan and other counties.

Contact Scott J. Bloch, PA:
Scott Bloch, 202-496-1290

Posted in Afghanistan, AIG and CNA, AWOL Medical Records, Blackwater, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Department of Labor, Dropping the DBA Ball, Dyncorp, Follow the Money, Injured Contractors, Iraq, KBR, LHWCA Longshore Harbor Workers Compesnation Act, Misjudgements, Political Watch, PTSD and TBI, Racketeering, Ronco Consultilng, State Department, Suicide, Toxic Exposures, USAID, Veterans, Wackenut, War Hazards Act, Whistleblower, Xe, Zurich | Tagged: , , , , , , , , , , , , , , , , | 15 Comments »

US Injured Contractors lawsuit alleges Blackwater failed to pay benefits

Posted by defensebaseactcomp on June 8, 2011

The lawsuit says Xe and its workers compensation insurers refused to provide benefits until forced to do so “after drawn out disputes in administrative courts.”

AFP June 8, 2011

WASHINGTON — Four former employees of Blackwater, the scandal-plagued security firm now called Xe, have filed a $60 million class action lawsuit claiming the firm failed to pay health and pension benefits to its employees.

Their lawyer, Scott Bloch, said Wednesday that Xe improperly classified thousands of its employees as independent contractors, allowing the company to avoid “millions of dollars in taxes, withholding and payments of benefits.”

“Blackwater made hundreds of millions of dollars from taxpayers and hired thousands of former veterans of military service and police officers,” said Bloch in a statement

It is a grave injustice to them who were mistreated and left without any health insurance or other benefits for their families, and left to fend for themselves in paying into Social Security and Medicare,” he said.

The lawsuit was filed Monday in federal court in Washington, and hopes to recover Social Security, unemployment insurance, health and other benefits for the four plaintiffs, all of whom were injured while working for Blackwater.

“Plaintiffs and many of those similarly situated came home wounded physically and psychologically from Iraq, Afghanistan and other countries, and needed health insurance to take care of difficulties for themselves and their families,” according to the complaint.

The lawsuit says Xe and its workers compensation insurers refused to provide benefits until forced to do so “after drawn out disputes in administrative courts.”

Read the entire article here

Posted in AIG and CNA, AWOL Medical Records, Blackwater, Civilian Contractors, Defense Base Act, Department of Labor, Dropping the DBA Ball, Injured Contractors, LHWCA Longshore Harbor Workers Compesnation Act, Political Watch, Racketeering, Xe | Tagged: , , , , , , , | 2 Comments »

U.S. Army misled public about Acinetobacter outbreak’s origins, report shows

Posted by defensebaseactcomp on June 1, 2011

An internal 2005 U.S. Army study reported that improper use of antibiotics and unsanitary conditions at military hospitals contributed to a deadly outbreak of Acinetobacter infections — not Iraqi dirt in soldiers’ blast wounds, as officials publicly claimed until 2007.

Injured Civilian Contractors were infected with Acinetobacter baumannii in the military medical evacuation system causing many to lose limbs and some their lives.  At a minimum, treatment for an Acinetobacter baumannii infection causes a much longer recovery time and life long implications.

If you suffered a Traumatic Brain Injury your freshly compressed brain cells were bathed in huge doses of highly nuerotoxic antibiotics prophylacticly whether or not you had this infection creating a hostile environment for recovery at the very least.

by Bryant Furlow at EpiNewswire.com

The U.S. Army Public Health Command has released an incomplete list of epidemiological consultation (EPICON) studies from the past decade to epiNewswire, without mentioning the fact that the titles of some studies were not on the list.

One politically-sensitive Army report excluded from the disclosed list is a 2005 EPICON study detailing the spread of multidrug-resistant Acinetobacter infections from contaminated military hospitals in Iraq throughout the military hospital system.

That report details evidence that that improper use of antibiotics and unsanitary conditions at U.S. military hospitals were responsible for the deadly outbreak of Acinetobacter infections among wounded troops, and that the outbreak had spread to civilian patients in the U.S. and Germany, killing several of them.

But for several years after the study’s completion, Army health officials continued to downplay the risk to civilians and to make misleading statements to soldiers and the public, claiming Acinetobacter infections were from Iraqi soil in soldiers’ blast wounds.

In reality, Acinetobacter “wound infections were relatively uncommon,” the 2005 Acinetobacter EPICON report states. “Pre-hospital, primary wound infections in-theater are not likely to have a significant role in transmission.”

In Iraq, military surgeons were using broad-spectrum antibiotics as prophylactics against infection, “introducing a greater risk of multi-drug resistant organisms (MDRO) evolving as a result,” the report notes.

Hand hygiene practices were inconsistently observed by military healthcare workers, the report states.

“Proper hand washing has been the single most important measure in controlling hospital spread of Acinetobacter,” the report states.

All seven military hospitals in Iraq were found to be “contaminated” with Acinetobacter, the report states.

Civilians were at much greater risk from infections than soldiers, the report states.

The report recommended adoption of standardized infection control practices at military hospitals and the air evacuation system, including disinfection and hand washing practices – and noted a pressing need for improved medical record-keeping “at all levels of care, particularly in-theater.”

A German hospital accepting U.S. troops on a referral basis, experienced an Acinetobacter outbreak that spread to German patients, the report states. That outbreak “reflects the potential importance that the outbreak can have, and probably has had, outside of the direct chain of evacuation,” the report states. Similar outbreaks had occurred in British hospitals where UK troops had been treated, the report notes.

Missing and incomplete medical records complicated the study, the report states.

“Relatively few surveillance and infection control data are available from in-theater, although progress has been made,” the report states. “Data quality from patient chart reviews indicates large variation in data available and no standardization.”

The “absence of good documentation either precludes any ability to draw scientific conclusions or significantly complicates investigations and analyses that are critical for prioritizing interventional resources and saving lives,” the report states.

epiNewswire’s Bryant Furlow first reported on an Acinetobacter outbreak among Iraqi and U.S. patients on the U.S. Navy’s hospital ship Comfort in July 2006, in the International Affairs Journal’s International Update newsletter.

In February 2007, Wired magazine writer Steve Silberman subsequently broke the story of Acinetobacter’s spread to Europe, Walter Reed Army Medical Center, and elsewhere. Silberman’s report details how the family of a U.S. Marine who died of his infection, was initially told he had died of his wounds.

That summer, citing two medical journal publications based on parts of the EPICON research effort,  Reuters reported that “new research” showed that contaminated hospitals, not Iraqi soil, caused the Acinetobacter outbreak.

In reality, military medical officials had suspected as much since spring 2003, the EPICON report indicates — and had known it to be the case since the first, 2004 symposium on the project’s initial findings.

Further reading:

EPICON #12-HA-01-JK-04, “Investigating Acinetobacter baumannii infections at U.S. Army military treatment facilities 27 August 2004 to 27 May 2005.” (View here, via Document Cloud.)

Steve Silberman. “The Invisible Enemy.” Wired magazine, February 2007.

Reuters Health. “Field hospitals source of soldier infections.” June 18, 2007.

The Iraq Infections

Please see the original at EpiNewswire

Posted in Acinetobacter, Afghanistan, AWOL Medical Records, Civilian Contractors, Contractor Casualties and Missing, Department of Defense, Injured Contractors, Iraq, Political Watch, PTSD and TBI, Toxic Exposures | Tagged: , , , , , , , | Leave a Comment »

Senators Press for Burn Pit Updates from the Military

Posted by defensebaseactcomp on May 18, 2011

TAMPA BAY ONLINE  May 18, 2011

Armed with a new study showing military personnel deployed to Afghanistan and Iraq are eight times more likely to suffer respiratory problems than those who are not, two senators are asking the Department of Defense to provide an immediate update on what is being done about the problem of burn pits, which have operated in both countries.

Armed with a new study showing military personnel deployed to Afghanistan and Iraq are eight times more likely to suffer respiratory problems than those who are not, two senators are asking the Department of Defense to provide an immediate update on what is being done about the problem of burn pits, which have operated in both countries.

Democrats Bill Nelson of Florida and Charles Schumer of New York got involved with the issue after the December death of retired Army Sgt. Bill McKenna, who was born in New York but lived in Spring Hill.

McKenna, 41, who served two tours of duty in Iraq, died at HPH Hospice, of Spring Hill, from cancer he contracted after constant exposure to the thick smoke that wafted almost every hour of every day across Balad Air Base in Iraq, where McKenna was stationed about 18 months.

In bases across Afghanistan, amputated body parts, Humvee parts, human waste, plastic meal trays and other garbage are incinerated using jet fuel in large trenches called burn pits. The military halted the practice in Iraq last year.

Please read the entire story here

Posted in ACE, AIG and CNA, AWOL Medical Records, Burn Pits, Department of Defense, Exclusive Remedy, KBR, Political Watch | Tagged: , , , , , , | Leave a Comment »

Army Public Health Command won’t release health studies — or even the titles of studies

Posted by defensebaseactcomp on May 16, 2011

By Bryant Furlow on May 15, 2011  Epinewswire

The U.S. Army Public Health Command will not disclose epidemiological consultation (EPICON) studies completed in 2010 — or even a list of EPICON study titles, according to a Freedom of Information Act denial letter sent to epiNewswire.

“We consulted with the Department of Justice and concluded this request is too broad in subject matter,” FOIA officer Kevin M. Delaney wrote in a FOIA denial letter postdated May 5, 2011. “Therefore, we have denied this request.”

epiNewswire had requested the documents in a Freedom of Information Act (FOIA) request dated Feb. 15, 2011.

The FOIA request sought a list of the titles and dates of Army epidemiolgoical consultation (EPICON) reports conducted since 2001 and completed EPICON reports dated 2010.

epiNewswire also sought the titles and start dates of all incomplete EPICON studies.

EPICON studies are undertaken by teams of epidemiologists and other scientists, like microbiologists, when unexplained health problems or disease outbreaks occur in military populations. Typically, only two or three such studies are undertaken in a given year. epiNewswire is preparing an appeal of the denial decision and has filed new FOIA requests with the Army Public Health Command, for the alleged Department of Justice opinion and other correspondence.

The Army Public Health Command was involved in an internal 2010 study of Army soldier suicide rates that was held back as “a political hot potato” and reanalyzed, because of a finding linking combat deployments and suicide risk in soldiers — a link for which Pentagon officials have repeatedly denied there exists any evidence.
Other Army researchers’ health studies have been suppressed and censored as part of the Actionable Medical Intelligence (AMI) censorship program, epiNewswire reported in 2008. That program appears to be ongoing under the Obama administration, but the Army Public Helath Command has also failed to disclose any related documents over the past year, in violation of the Freedom of Information Act.

Posted in AWOL Medical Records, Misjudgements, Political Watch, PTSD and TBI | Tagged: , , , , , , | Leave a Comment »

 
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