UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SABRINA McMANAWAY, INDIVIDUALLY and § on behalf of the Estate of MARK McMANAWAY; § DAVID RANCOURT; BRENT LASHER; § JODY AISTROP; WILLIAM BICKELL; § MATTHEW BOARD; LARRY BUNNER; § WILLIAM DeLASHMUTT; JEFFREY § FROMME; JEFFERY HENKE; ANTHONY HUFF; § BEN McINTYRE; JEFFREY VARNER; TOMMY § EBERT, JR; LUCAS WHISTLE; MICAH § PARTLOW; JURGEN TURNER, JR; RUSSELL § KIMBERLING; SCOTT WYATT; JOHN GARY § FISCHL; STEPHEN SALAMONE; RUSSELL § GARVIN; DANIEL KRIBS; DAVID BARKER; § EDWARD BOSA; STEVE MOORE on behalf of the § wrongful death estate of DAVID MOORE; JASON § BREEDEN; CLINTON HAMMACK; SAM § SCHULTZ; BRENDAN WILCZYNSKI; DAVID § ANGELL; BRENNIN SHEPHERD; RYAN § LEVITZ; WILLIAM MICHAELS; ERIC FLORES; § JEROLD EVARD; JEREMIAH WILSON; § JONATHAN ROBERTSON; JESSE HARDIN; § CLAY CHAMPION; RONALD WILSON; § GEORGE DEEL; LOU ANN GENTRY on behalf § of the wrongful death estate of JAMES GENTRY; § FRED LUMPKIN; TERRY MILLER; RALPH § STILES; EDWARD CROWLEY; KELLY DUGGER; § JOHN EDGE; JOSH FARMER; MICHAEL KERN; § ISRAEL PRADKE; ROBERT WORKMAN; BRIAN § Cause No. 4:10-CV-01044 WANINGER; KRISTOFER WERLEY; JOSEPH DILTS; § DAVID RAUL DIAZ; MARTIN GALE; § ROWLAND BOOCOCK; JOHN GLEDHILL; § RICHARD JAMES GARTH; CHARLES FERGUSON; § JAMES GRIFFITHS; LUKE WICKS; ANDY TOSH; § DARREN WATERS; MICHAEL BILLITER; § STEVEN W. BLISS, JR.; ROBERT BONDS; DONALD § BORDENKIRCHER; JEFFREY BRITTON; NATHAN § FERGUSON; JOSHUA DANIEL FORESTER; § HARRY “JAMES” FRANCIS; RODGER M. § GAMBLE; FREDERICK GARLAND; EZEKIAL § Case 4:10-cv-01044 Document 43 Filed in TXSD on 09/10/10 Page 1 of 42
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Texas Complaint - Second Amended Complaint (00135131)
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8/8/2019 Texas Complaint - Second Amended Complaint (00135131)
UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SABRINA McMANAWAY, INDIVIDUALLY and §on behalf of the Estate of MARK McMANAWAY; §DAVID RANCOURT; BRENT LASHER; § JODY AISTROP; WILLIAM BICKELL; §MATTHEW BOARD; LARRY BUNNER; §
WILLIAM DeLASHMUTT; JEFFREY §FROMME; JEFFERY HENKE; ANTHONY HUFF; §BEN McINTYRE; JEFFREY VARNER; TOMMY §EBERT, JR; LUCAS WHISTLE; MICAH §PARTLOW; JURGEN TURNER, JR; RUSSELL §KIMBERLING; SCOTT WYATT; JOHN GARY §FISCHL; STEPHEN SALAMONE; RUSSELL §
GARVIN; DANIEL KRIBS; DAVID BARKER; §EDWARD BOSA; STEVE MOORE on behalf of the §wrongful death estate of DAVID MOORE; JASON §BREEDEN; CLINTON HAMMACK; SAM §SCHULTZ; BRENDAN WILCZYNSKI; DAVID §ANGELL; BRENNIN SHEPHERD; RYAN §LEVITZ; WILLIAM MICHAELS; ERIC FLORES; § JEROLD EVARD; JEREMIAH WILSON; § JONATHAN ROBERTSON; JESSE HARDIN; §CLAY CHAMPION; RONALD WILSON; §GEORGE DEEL; LOU ANN GENTRY on behalf §of the wrongful death estate of JAMES GENTRY; §FRED LUMPKIN; TERRY MILLER; RALPH §STILES; EDWARD CROWLEY; KELLY DUGGER; § JOHN EDGE; JOSH FARMER; MICHAEL KERN; §
ISRAEL PRADKE; ROBERT WORKMAN; BRIAN § Cause No. 4:10WANINGER; KRISTOFER WERLEY; JOSEPH DILTS; §DAVID RAUL DIAZ; MARTIN GALE; §ROWLAND BOOCOCK; JOHN GLEDHILL; §RICHARD JAMES GARTH; CHARLES FERGUSON; §JAMES GRIFFITHS LUKEWICKS ANDY TOSH §
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GODDARD; NORMAN “BUDDY” GRAY, III; §MICHAEL HELMICK; CHARLES J. HOWELL; §
ROBERT EWELL; JASON JOHNSON; EARL L. §LAYTON; JON R. LITTLETON; ANTHONY Q. §LONG; BRANDON LONG; JAMES MCQUAIN; §GARRETT MICHAELS; AARON MILLER; ROBERT §MULLAVEY; JOSHUA POLING; BILL POWELL; § JONATHAN REGETS; JOSEPH L. RICHARDSON; § JAMES ROBINSON; MICHAEL SCHNELLE; §
JOSHUA SIPOS; ADAM SPEECE; MICHAEL §ALLEN TOLAND; ADAM TRAYNOR; ROBERT §TUCKER; SCOTT URBANEK; LUCIAN WEESE; §DALE GALLAHER; ROBERT WILSON; RUSSELL §POWELL; ANDRU KELLER; ERIC HEID; JOHN §HEADLEY; BRADLEY EBERT; BENJAMIN §BECKETT; ROGER GREATHOUSE; DWAYNE §
McELROY; and CHRISTOPHER COGAR §§§
Plaintiffs, §§
v. §§
KBR, INC; KELLOGG, BROWN & ROOT §SERVICES INC; KBR TECHNICAL SERVICES, §INC; OVERSEAS ADMINISTRATION §SERVICES, LTD; SERVICE EMPLOYEES §INTERNATIONAL, INC; and §HALLIBURTON COMPANY, §
§Defendants § JURY DEMAN
SECOND AMENDED COMPLAINT AND JURY DEMAND
Come now Plaintiffs, by counsel and for their Second Amended Co
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manner that directly and continuously exposed them to serious health imp
rest of their lives. As stated by Lieutenant Colonel James Gentry, comman
of the Tell City, Indiana Guardsmen at Qarmat Ali, before his untimely deat
I understand and accept there’s danger with my line of service, in mservice. What’s very difficult for me to accept is if I’m working for they have knowledge of hazardous chemicals on the ground that c
cancer and not share that knowledge, then that is putting my men atis not necessary. I’m very upset over this . . . I feel like they sashamed that they did that.
The Tell City, Indiana Guardsmen and RAF Ground Regiment Gunners ha
legal action because they believe that Halliburton/KBR, having profited h
should be held accountable for these costs it has imposed on the Men
KBR/HALLIBURTON’s Qarmat Ali project, and the burdens should
dumped by Halliburton/KBR on the Men Exposed at KBR/HALLIBURTO
Ali project, their families, or the United States (or British) taxpayers.
1.5 The RAF Ground Regiment Gunners and the other members of the B
at Qarmat Ali were likewise wholly unprotected against the hazards
dichromate known to Halliburton/KBR’s managers for months and mon
despite the demonstrated knowledge of elevated chromium levels in the
inadequate blood testing of Halliburton/KBR’s civilian employees, Hallibu
managers apparently deliberately told British Forces exactly the opposite.
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It was created for one purpose only. That purpose was to hirworkers, but pay them through a post office box in the Cayman Isl
the company could claim to the United States government that thwere not really American workers subject to U.S. taxes. So they dipay any payroll taxes on their American workers that they hired andif they ran their payroll through Post Office Box 847 in the Cayman Is
The United States Senate Hearing, June 20, 2008.
2.7 Defendant OVERSEAS ADMINISTRATION SERVICES, LTD. was i
by KBR’s managers in the Cayman Islands, but manages its operations
offices at 4100 Clinton Avenue, Houston, Texas 77020.
2.8 Defendant SERVICE EMPLOYEES INTERNATIONAL INC. was inco
KBR’s managers in the Cayman Islands, but manages its operations from K
at 4100 Clinton Avenue, Houston, Texas 77020.
2.9 Defendant HALLIBURTON COMPANY is a foreign company with
place of business in the State of Texas that was created and functions s
accumulation of monetary profit.
Single Business Enterprises Responsibility/Corporate Shell-Alter-Ego Lia
2.10 In addition to the direct involvement of Halliburton employee
(including Halliburton attorney William Bedman in secret meetings in Hou
2003 to make plans to deal with Halliburton/KBR’s potential “liability” for th
while sodium dichromate exposure to the men on the ground continued (an
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Q. -- how was it conveyed to you in May 2003? In what manner?you get a memo, did you get a email?
A. In a conversation. He came in and it was in his daily report anhad a discussion, which was a requirement of all our HSE coordinato
4.3 In addition to this evidence establishing that Halliburton/KBR was
Qarmat Ali sodium dichromate hazard in May 2003, Halliburton/KB
warnings from its environmental specialists in June that sodium dich
contaminated Qarmat Ali. On June 21, 2003, Halliburton/KBR’s en
specialist Rod Kimbro informed Halliburton/KBR manager Young Lee of
dichromate hazard in an email stating in part:
Sodium dichromate has been replaced as a commonly utilized coinhibitor in the US due to its toxicity and disposal issues. Sdichromate is a strong irritant and a potential carcinogen. The MTotal [sic] chromium in drinking water is 0.1 mg/L. The MSDS for dichromate and materials contaminated with sodium dichromate wconsidered hazardous waste in the US.
During our inspection of the chlorine tanks at the water treatment observed areas of soil that had been discolored yellow east and souththe chlorine drums and on the west side of the chlorine tank storagThe areas are potentially contaminated with sodium dichromate during the looting activities which occurred at the water treatment pl
Due to the potential toxicity of sodium dichromate I suggest that thof soil stained yellow be cordoned off and that samples be collecttested to determine the concentration of hexavalent chromium anchromium in these areas. If it is determined that the yellow scontaminated with sodium dichromate, I recommend that these s
d d l d d h d b l b l d d
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4.4 As documented by Halliburton/KBR managers, sixty (60) percent of
onsite reported symptoms of acute poisoning by the beginning of August 2
the work (and exposure) was not even stopped fully until September 2003.
photos of sodium dichromate, Qarmat Ali; see also Exhibit D, K
memorandum, August 8, 2003. The repeated warnings, both in wri
meetings, about the sodium dichromate onsite continued to be disr
Halliburton/KBR’s managers from their offices while the Men
Halliburton/KBR’s Qarmat Ali project continued to do their duty at Qarm
e.g. Exhibit E, June 22, 2003 KBR HSE log. Unfortunately, this confirmed
not timely shared with the United States Army or British Forces by Mr. Mo
other Halliburton/KBR managers, even though Halliburton/KBR was full
the soldiers providing security stayed within arms’ reach of Halliburton/K
on site:
Q. This information you shared about Sodium Dichromate thefor personal protective equipment in May 2003, did you makeffort as a manager to ensure it got to the U.S. Army soldiers sent out there?
A. There was no need. They were not working in the area.
4.5 A month before Halliburton/KBR’s managers finally suspended o
Qarmat Ali due to sodium dichromate contamination in Septe
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afforded themselves, they left the soldiers and civilian workers onsite unp
exposed. See Exhibit F, photo of KBR personnel, Qarmat Ali, Iraq, August 20
4.6 More disturbing, however, is that Halliburton/KBR, as part of th
which Halliburton/KBR billed and was paid by the United States
conducted a full site analysis identifying the hazards at Qarmat Ali sev
earlier, in April 2003. According to senior Halliburton/KBR HSE man
Adams:
Q. Site analysis has a very specific meaning to a health environment professional doesn't it?
A. Yes, it does. Normally when you do a site analysis, you go ouyou look at -- get a good overview of the site and then you also taksamples, core samples in areas that you may feel that there maypossible contamination of the soil, other than just on the surface. Youair sampling if you feel that there's -- if -- if you see a risk from air samand noise sampling. There is all kinds of things you do for aassessment?
Q. This site analysis also called a risk assessment?
A. Yes.
Q. Mr. Cater /KBR site manager/ told you who had performed a riskassessment before you ever got there April 29, 2003?
A. Mr. Cater told me that the environmental group for OAS /Overseas Administrative Services/ had been out there to -- and lookedthe site. He did not specifically say that they had done a risk assessmese, but he said they had been given the go ahead by the environm
d h l h d d d h k
g
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A. Yes, you identify the -- the air samples, the soil samples, what --processes you went through to get that -- that, you know, that che
completed and where the samples were taken.
4.7 Halliburton/KBR’s HSE manager for Iraq, Chuck Adams, has testified
that he was never provided the April 2003 “no notes” site assessment that w
by other Halliburton/KBR professionals months before the Tell City, Indiana
arrived at Qarmat Ali:
Q. Now, you said you -- you got Mr. Cater telling you somebody hadout there. Did you see any record of that site analysis?
A. No. Sorry, no.
Q. Now, when you say consultant specialists to come in and do soil asamples, you're talking about folks from Houston, aren't you?
A. Folks from Houston. We use them as a consultant, if -- if we nthem. They were not working for us. They came in just on a consbasis just to help us.
Q. Absolutely positive, you never saw, never even asked fordocumentation about any kind of site analysis done by Mr. Kimbro employee/ or anyone April of 2003?
A. No.
Q. Did it concern you at all that there is standard protocols for doin
analysis, soil samples, air sampling, a basic KBR checklist you'vearound the world for years and nobody could show you one for this sit
A. Sure it concerned me, but based on the information I had been and you have to understand, again, I'm in charge -- I'm trying to co
h l
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As an EMT concerned that there was a health problem, I begquery all English-speaking personnel working at the facility, w
included KBR, Halliburton, Iraqi Oil Company, U. S. Army NaGuard and British soldiers, and all were suffering identical sympThe symptoms for all at the facility developed into continuous bnoses, spitting up of blood, coughing, irritation of the nose, eyes, tand lungs, and shortness of breath. In order to determine what migthe cause of these medical problems, I undertook a more in assessment of the facility with my Iraqi interpreter taking dow
chemical names on the burst bags I initially noted as well as fromtanks in the Injection building. The chemical was Sodium Dichrowhich contains hexavalent chromium. I asked my Iraqi interpreterwas aware of what the material in the bags was used for and was adthat it was injected into the water supply system for the oil fields anti-corrosive. He was reluctant to say more and when pressed he sknew it was poisonous and that he was aware of many workers froplant who were made ill by it. He said that it being a poisonous chewas probably the reason members of the Baath party had openestorage bags and spread their contents all over the plant as part ofsabotage efforts in the facility. That evening, on my return to my quI researched sodium dichromate on the internet, finding and downloa Material Safety Data Sheet (MSDS) for the chemical (attached).MSDS states that sodium dichromate is a hazardous material acarcinogen, exposure to which is to be avoided. At this time, a colle
knew from Chad provided me with an internal memo written by aIndustrial Hygienist that substantiated my personal findings. I was ttaken aback to find that KBR knew as early as May, from a UN reporfrom their Industrial Hygienist, that they were putting not onlyworkers but our security details from the U. S. and British in harmswithout the required training or personal protective equipment.
I reported my findings about the imminent danger sodium dichrowas posing to the workers at Qarmat Ali to the HSE and Project Main Kuwait and insisted that they take immediate action. A few daystwo representatives of the health, safety and environmental sectiKBR came to Qarmat Ali to assess the situation and talk to the wo
h d d l S f d
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NIOSH/CDC documents that I had on sodium dichromate dicontradicted their statements to the workers. At this point, Mr. G
who was one of my superiors, directed me to be quiet and to leavthen escorted me out of the meeting. Outside of the meeting, he adme that I was being insubordinate, disruptive, and that my input waappreciated. I was determined to pursue the complaint with highein KBR’s HSE department in Kuwait, and upon attempting to do so, made clear to me that my presence in Iraq and Kuwait was no lappreciated and that I would be better off going home. As a respo
my complaints, the Medical Supervisor, Ray Garcia, under direction KBR Project Manager, directed me to accompany him to a clinic for workup. I was taken to a substandard medical clinic where I refussubmit to the tests due to the unsanitary conditions and unprofessnature of the staff.
……………………………………………………………………………In my mind, it was criminally negligent of the KBR HSE and P
management to make a decision to continue to expose personnsodium dichromate poisoning at the Qarmat Ali water treatment when they knew of the exposure and knew of the absence of any perprotective gear whatsoever. I understand that KBR and Halliburtonthe position that the air was tested at the plant and showed low levchromium, however, those tests were apparently done when the aistill, not during one of the frequent dust storms in which all omaterials on the ground became airborne. Furthermore, the lev
chromium from the ground samples show that the plant was a hdangerous and unsafe and contaminated facility, and these facts objective facts known by KBR management, in the face of whichmade the conscious decision to continue to expose the American wothe Iraqi workers, the American military personnel, and the Bmilitary personnel at the plant to these horrifically unsafe conditionsoutrageous that American tax dollars are the source of the funding
Iraqi operation of Halliburton and KBR when those companies demonstrated such total and complete disregard for the health and of the workers for whom they are responsible.
Statement of Ed Blacke, The United States Senate Hearing, June 2
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actions. Even though soil testing showed almost 1.6 percent of the soil
dichromate at , and most of the civilian workers incompletely tested (as ou
following paragraph) showed elevated chromium levels, Halliburton
reported the flawed results of its air testing, which ostensibly showed only
of chromium exposure. But see, Exhibits “A”-“D”. According to Hallibu
own industrial hygienist, Dr. Sudhir Desai, however, Halliburton/KBR
after the most injurious exposure from the contaminated site, during the “
Iraqi windy season in June and July, to actually conduct any air sampling:
Q. As a industrial hygienist, OSHA professional, how reasonable is
unreasonable, not to take samples during a dust storm when workefrequently working in dust storms?
A. He should have collected. Personal opinion.
Q. Because?
A. It's an ambient condition that can change.
Q. And if you have a work site with identified sodium dichroaround in bags, mixing room, buried in the sludge, how critical is it, really want to know what the risks are, to take samples duringstorms?
A. It's obvious he should have col --collected.
Q. Ever get any explanation from any HSE manager, including DBagnoche /KBR corporate HSE manager/, why Mr. Keyston, whenout there, didn't take samples during dust storms?
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__________________________MICHAEL PATRICK DOYLS.D. Texas Bar No. 13309 JEFFREY L. RAIZNERS.D. Texas Bar No. 15277PATRICK M. DENNISS.D. Texas Bar No. 578507
One Houston Center1221 McKinney Suite 4100Houston, Texas 77010Phone: (713) 571.1146Fax: (713) 571.1148ATTORNEYS FOR PLAINT
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Gregory L. LakerGabriel A. HawkinsCohen & MaladOne Indiana Square, Suite 1400Indianapolis, Indiana 46204Phone: (317) 636.2481Fax: (317) 636.2593
Jeffrey V. KesslerBerry, Kessler, Crutchfield, Taylor & Gordon514 Seventh StreetMoundsville, West Virginia 26041Phone: (304) 845-2580Fax: (304) 845-9055
Joseph A. YannyYanny & Smith1801 Century Park, East, 23rd FloorLos Angeles, California 90067Phone: (310) 551-2966Fax: (310) 551-1949
Co-Counsel for West Virginia “Billiter Plaintiffs”
Michael G. SimonCarl N. FrankovitchS. David WilharmFrankovitch, Anetakis, Colantonio & Simon337 Penco Road
Weirton, West Virginia 26062Phone: (304) 723.4400Fax: (304) 723.5892
Co-Counsel for West Virginia “Gallaher Plaintiffs”
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Plaintiffs hereby demand a trial by jury and tender the necessary fee, a righthe Constitution of the United States of America and the State of Texas and presacrifices of many.
________________________________MICHAEL PATRICK DOYLE
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I, the undersigned attorney, do hereby certify that a true and correctforegoing document was forwarded to the following counsel of record on thisof September, 2010, via hand delivery, overnight courier, U.S. Mail, certifiedreceipt request, or facsimile, pursuant to the Federal Rules of Civil Procedure:
Geoffrey L. HarrisonVineet Bhatia
J. Hoke Peacock IIIChanler A. LanghamSusman Godfrey L.L.P.1000 Louisiana Street, Suite 5100Houston, Texas 77002
Randall “Randy” Jones
Will WhittakerThree Allen Center333 Clay Street, Suite 3485Houston, TX 77002
_______________________________MICHAEL PATRICK DOYLE
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