Long Battle Over Burn Pits’ Negative Health Effects To Veterans Ends As Supreme Court Passes On Case
The giant military contractor responsible for the burn pits successfully argued in lower courts that it was acting under Pentagon supervision and is immune from liability. The veterans, however, claimed that KBR was negligent and violated its contract with the military by exposing troops to toxins.
NPR:
Veterans Claiming Illness From Burn Pits Lose Court Fight
A decade-long fight ended at the Supreme Court this week, when justices refused to hear an appeal by veterans of Iraq and Afghanistan who say that toxic smoke from burn pits made them sick. Hundreds of those veterans had sued the military contracting giant KBR, Inc., but lost first in U.S. district court and then again last year in the U.S. Court of Appeals for the 4th Circuit. The 4th Circuit said KBR was under U.S. military direction when it burned tires and medical waste next to soldiers' barracks, and can't be held liable. (Lawrence, 1/16)
Fox News:
Supreme Court Upholds Appellate Decision On Burn Pit Lawsuits
The lawsuits charged that military contractor Kellogg, Brown, and Root (KBR) dumped tires, batteries, medical waste, and other materials into open burn pits. The suits claimed the resulting smoke caused neurological problems, cancers, and other health issues in more than 800 service members. The complaints said at least 12 service members died. The original appeals court decision in December 2018 stated that KBR, which was formerly owned by Halliburton Corp., was under military control and had little discretion in deciding how to manage the waste on numerous military bases. KBR's attorney said the decision to use burn pits "was made by the military." (Chiaramonte, 1/15)
Military Times:
Supreme Court Rejects Appeal From Veterans In Burn Pit Lawsuit Against KBR, Halliburton
Judges with the Virginia-based 4th U.S. Circuit Court of Appeals, who issued the ruling in last year’s appeal, said that KBR had little discretion in how to dispose of the waste, as they were under military control and the use of the burn pits was a military decision. They said the lawsuits amounted to a “political question” that Congress and the president should resolve, not the courts. (South, 1/15)
In other veterans' health care news —
Modern Healthcare:
New VA Community Care Program Regs Stall At OMB Over Cost
The Veterans Affairs Department's newly expanded and consolidated private healthcare network for veterans could cost billions more than Congress projected when it passed the VA Mission Act. This potentially major extra cost of $5 billion to $8 billion comes with the not-yet-finalized and not-yet-public draft regulations that will likely shape the VA's community health program into a model similar to TriCare Prime, according to sources familiar to talks. TriCare Prime is the managed-care HMO plan for active service military that pays drastically low rates for treatment in private clinics and hospitals but also offers care in military health facilities. (Luthi, 1/15)
