By Teresa Carson
PORTLAND, Ore., Nov 2 (Reuters) - An Oregon jury awarded 12
Army National Guardsmen $85 million in damages from defense
contractor KBR Inc. on Friday after finding that the company
failed to protect them from exposure to cancer-causing chemicals
when they served in Iraq.
Each Guard soldier was awarded $850,000 in non-economic
damages and another $6.25 million in punitive damages for
"reckless and outrageous indifference" to their health in the
trial in U.S. District Court in Portland.
"Justice was definitely served for the 12 of us," Guardsman
Rocky Bixby said, adding that two of his children were about to
enter the military. "It wasn't about the money, it was about
them never doing this again to another soldier."
The Oregon Guardsmen were providing security for civilian
workers restoring an oil industry water plant in 2003 in
southern Iraq after the U.S.-led invasion that ousted Saddam
Hussein. The plant water was used to push oil to the surface.
The plant was contaminated with sodium dichromate, a
chemical used to fight corrosion. Sodium dichromate contains
hexavalent chromium, the toxic chemical made famous in the film
"Erin Brockovich" starring Julia Roberts.
The chemical was blowing around the plant known as Qarmat
Ali, the soldiers' lawyers told the court.
Geoffrey Harrison, lead trial attorney for KBR, said the
contractor would appeal.
"We believe the trial court should have dismissed the case
before trial," he said. "KBR did safe and exceptional work in
Iraq under difficult circumstances, and we believe the facts and
law ultimately will provide vindication."
The soldiers had also claimed that KBR committed fraud, but
jurors rejected that claim.
The 12 Guardsmen in the suit have suffered various
illnesses and disabilities and are at risk for various kinds of
cancer, their lawyers said. Hexavalent chromium is "a highly
potent carcinogen," they said.
Another 22 Oregon soldiers or their widows have sued KBR
Inc. in Portland. More than 100 soldiers from other states have
sued the company in Houston, where the company is based.
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