Access To Justice

News developments that we’re watching at Sokolove Law:

Military Burn Pits Probe: House Oversight Committee Chairman Edolphus Towns is launching an investigation into the possible health effects of military burn pits used to dispose of waste at US bases in Iraq and Afghanistan. In a letter sent last week to Secretary of Defense Robert Gates, Towns asked the Department of Defense for a list of all military sites that operated burn pits since 2001, as well as any information about serious health issues military and civilian personnel have developed after returning from Iraq and Afghanistan.  Health experts have alleged that some of the illnesses being reported by returning troops and workers may be related to toxic exposures from improper waste management procedures, including burn pits.  Health issues associated with exposure to poor waste management and burn pits include asthma, severe bronchiolitis, chronic coughs, skin infections, Parkinson’s disease, leukemia and rare cancers.

Risky Asthma Regimen Still Prescribed: A new study finds that a third of asthma patients are still prescribed long-acting beta agonists (LABAs) alone – instead of in combination with other asthma control medications — despite warnings from the Food and Drug Administration that such a regimen increases the risk for complications and hospitalizations. The study, conducted by pharmacy Medco Health Solutions, found that 31 percent of patients prescribed either Severent or Foradil last year did not take them in combination with other controller medications.   Adolescents between the ages of 12 to 17 were most likely to be prescribed long-acting beta agonists without other controller medications. The National Heart, Lung and Blood Institute (NHLBI) asthma treatment guidelines recommend that LABAs should be used in combination with inhaled corticosteroids or leukotriene modifiers for the treatment of asthma. Asthmatic attacks cause 500,000 hospitalizations, 217,000 ER visits and more than 4,000 deaths.

Melting HDTVs Spark Lawsuit:  High-definition televisions that allegedly overheat and melt are the focus of a proposed class action lawsuit lodged against Sony Corp. of America. Law 360 (subscription required) reports that the suit claims the company and two of its business units were aware of the problem and issued a “secret recall” to keep things quiet.  The complaint alleges that nine models of Sony’s Grand WEGA LCD rear projection televisions have a defect that may cause the TVs to melt and put consumers at risk.

News developments that we’ll be watching at Sokolove Law:

CNN.com reports that Pentagon health officials now say that some troops exposed to military burn pits could develop long-term health problems, in a shift from previous statements on the matter. Military officials say that exposure to burn-pit smoke combined with other factors such as pre-existing conditions or genetic factors could lead to longer-term health effects, according to CNN.com.  Burn pits are used by the military on some bases in Iraq and Afghanistan.

Military contractors will find it difficult to enforce mandatory arbitration clauses in their employment contracts as a result of a provision in a newly signed law, according to a post at The Blog of Legal Times (BLT). BLT says the provision was tucked into the 2009-10 spending bill for the U.S. Department of Defense, which President Barack Obama signed into law last weekend. Contracts and subcontracts under $1 million are exempt from the provision.

Recent recalls

More than 114,000 pounds of shelled hazelnuts have been recalled after the Food and Drug Administration found salmonella during a routine sampling in a nut-processing plant in Oregon, according to an article in The Oregonian. No illnesses have been reported so far, but salmonella can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems, according to the recall notice. Recalls have been issued by Willamette Shelling, Willamette Filbert Growers, Kunze Farms, Evonuk Oregon Hazelnuts, Whole Foods, and Harry and David.

Have a safe holiday. Count on Sokolove Law to protect your rights.

Halliburton continues to flout legal and environmental regulations that govern its presence in Iraq.  Now Air Force Sgt. Sean Alexander Stough and former contractor Charles Hicks are suing the defense contractor and its subsidiary KBR in a proposed class-action lawsuit for exposing them to toxic fumes and ash from burn pits.

After breathing smoke from the burn pits, soldiers have reported a host of serious health problems, including lung disease and other respiratory issues, heart problems, and a range of cancers including brain cancer and leukemia.  “Burn pit syndrome” can encompass other issues as well: chronic coughs, pain, sleep apnea, bronchitis, and asthma.

This case is the latest in a string of more than 30 lawsuits on behalf of former military members and contract workers who claim Halliburton’s negligent waste management practices knowingly exposed them to toxins.  Senator Byron Dorgan (D-ND), chair of the Senate Democratic Policy Committee, announced recently that KBR continues to dispose of waste in burn pits that release toxic fumes, citing “frequent and unnecessary use of burn pits . . . [that] exposed thousands of US Troops to toxic smoke” at Balad Airbase in Iraq.

If you served in Iraq in a military or contracting capacity and believe you were exposed to Halliburton’s negligence, please contact us.