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Doyle Introduces New Burn Pit Resources

Doyle Dennis Avery LLP is pleased to announce new resources for military members and their families to provide information about burn pit exposure. From 2003 to 2013, thousands of military members were exposed to toxic materials burned on military bases with serious health consequences.

What’s the Background on Burn Pit Litigation?

Government contractors including Halliburton and KBR were given government contracts to dispose of waste on military bases in both Iraq and Afghanistan. The contractors improperly burned material in large open-air burn pits operated close to living and working areas. The result: Soldiers and deployed military members were exposed to harmful fumes and carcinogenic particles.

Doyle Dennis Avery LLP is a leading burn pit law firm, representing military personnel who were negligently exposed to toxic substances. More than 100 cases have been filed throughout the United States against military contractors. In one case, a jury ruled in favor of 12 soldiers (represented by Doyle) against military contractor KBR in an $81 million judgment.

Every case is different and those who may have been exposed need to understand the risks; the signs and symptoms of illnesses; and their options if they fall ill. Doyle Dennis Avery LLP has prepared interactive resources for military members and their families. The interactive information at Burn Pit Facts explains:

  • Where burn pits were located: There were 251 burn pits in Iraq and 22 in Afghanistan as of 2010. The largest was at Joint Base Balad.
  • Who was exposed: There were 25,000 personnel on some of the bases where burn pits were located.
  • What was burned: More than 100 tons of potentially hazardous materials were burned daily at some of the bases in Iraq and Afghanistan. The materials being burned included heavy metals, medical waste, biohazard materials, banned chemicals, plastic water bottles, asbestos, tires, PVC pipes, pesticides and batteries.
  • The health consequences of burn pits: Health effects include respiratory disorders, neurological disorders, cardiopulmonary disorders, skin problems, autoimmune conditions, and cancers. The fallout has been compared with Agent Orange.
  • What your options are: Burn pit lawsuits were first filed in 2007. Today, there are a number of cases on file and a multi-district litigation established to manage the litigation.

Doyle is here to help victims who may have been exposed and family members of those affected. In addition to the facts page, you can also find more information, resources, and assistance by visiting our pages on:

  • Burn Pit FAQ
  • Burn Pit Resources
  • Legal Help for Burn Pit Victims

Our attorneys offer free consultations on burn pit claims. Call today to schedule a consultation.

KBR and Other Military Intelligence Companies Acting Without Repercussions

Le Monde Diplomatique recently released an article discussing the immense freedom private intelligence companies enjoy in maintaining extensive government contracts irrespective of the  activities in which they engage. The article provides that the need for accountability is at an all-time high and begins by discussing the conduct of Kellogg, Brown and Root (KBR).

The first situation involves a 24 year-old Pennsylvania native. In 2008, this Green Beret, along with eighteen others, was killed after being electrocuted while showering on military bases in Iraq. These fully preventable deaths were due the improper wiring performed by KBR’s chosen subcontractor.

Four years after these electrocutions, KBR was found guilty of knowingly exposing twelve soldiers to sodium dichromate, scientifically accepted as one of the most potent cancer causing agents on earth, and an Oregon jury awarded the men, all represented by Doyle Dennis Avery LLP , over $80 million in damages as a result of KBR’s misconduct. Two of the twelve Oregon National Guards have died as a result of the toxic exposure.   Last year, KBR was accused on human trafficking twelve men from Nepali, eleven of them were later beheaded. The one survivor is among the plaintiffs in a case currently filed in district court inTexas.

The article reveals that through it all, KBR has profited substantially from the governments “war on terror” in Iraq, to the tune of $39.5 billion over the last decade. The article interviewed Attorney Mike Doyle of Doyle Dennis Avery LLP , lead attorney in the sodium dichromate case against KBR. Mr. Doyle explained that the generous limited liability stipulations make it easy for military contractors to profit while potentially shifting the majority of the responsibility for unlawful behavior back to the government

KBR is one of three private military contractors tried for similar civil and criminal offenses, each of which has had limited to no impact on their contractual relationships with the government.  In one example, CACI has been accused of misconduct in connection with Abu Ghraib, yet  the company was awarded 5 new or renewed government contracts just this year.  Additionally, PAE, Civilian Peace International, and Dyncorp are amongst the top companies to receive reconstruction money in Afghanistan and have all been accused of civil and criminal violations.

According to the Federal Acquisition Regulation (FAR), the legal authority that decides when a company is prevented from receiving government contracts, the government  still has the discretion to hire a contractor engaged in questionable conduct – as long as their benefit in service outweighs their behavior.

The article also points to language evidencing dependency on the contract between CACI and the U.S. Navy, in which the Navy states, “CACI Technologies is the only known company which currently possesses the knowledge and expertise to meet the Navy’s technical and schedule requirements to support.”

But is “knowledge and expertise” the only reason? Experts believe companies maintain these levels of significance by remaining close to our nation’s lawmakers and the Pentagon. Campaign contributions have also dramatically increased – around the year 2000, CACI and KBR contributed about $5,000, now those amounts have swelled to $210,000. The lobbying organizations for these military intelligence companies are now composed primarily of former members of the Department of Defense, the House of Representatives, the Navy, and the U.S. Coast Guard, which is another reason why changing the current situation may prove very difficult.

Despite the fact that it is legal for the government to overlook unlawful behavior in awarding contracts, some experts argue that it’s a problematic on a deeper level. We have laws and regulations in our government that prohibit business with foreign governments that are engaged in human rights violations, so why are we allowed to do so with these companies?

The article closes by concluding that both republicans and democrats have the agenda of protecting our nation against the threat of terrorism, but at what costs? Every corporation, especially those engaged in actions that negligently harm our nation’s our servicemen should be held liable and and have repercussions for their unlawful actions.

Contractors and War Vets Face Severe Health Issues After Stints at on Iraq and Afghanistan Military Bases

An injury on a military base can result in a complicated process that does not always lead to straightforward compensation. Military base injuries may result in extensive lost wages or medical bills that leave victims and their families at risk of suffering from long-term financial, physical, and emotional impacts. As such, victims of these injuries and their families often have no choice but to pursue a legal claim.

Fox News published an article on April 9, 2016, about thousands of contractors and war veterans who became sick after working at what they call “burn pits.” Burn pits in Iraq and Afghanistan were created to burn various types of trash, including garbage, IEDs, plastics, batteries, dead animals, and human waste. The toxic fumes have led not only to chronic illnesses such as cancer but also to deaths. Soldiers at the bases were too focused on their greater mission to think about the repercussions of ingesting the heavy smoke coming from the pits as close as just 20–30 feet away from them.

According to the Fox News article, one base burned up to 147 tons of materials per day. These burn pits omit carbon monoxide and carbon dioxide, along with 1,000 other chemical components. Soldiers who have suffered from this injury on a military base have died from the fumes even though they are only in their 20s or 30s. The Department of Veteran Affairs has created a Burn Pit Registry list that includes 64,000 names from both active and retired service members. However, just because they are on that registry doesn’t mean the soldiers will receive any sort of acknowledgement or compensation.

The burn pits are just one example of the various types of injuries that have occurred on overseas military bases due to the negligence of military contractors. The cases include motor vehicle and road traffic accidents, malfunctioning equipment, toxic exposures, and various other types of injuries caused by military contractors such as DynCorp, KBR, Aecom, Halliburton, Fluor, and Arkel International.

Victims of such incidents are often covered by the Defense Base Act, a workers’ compensation system, aimed at providing medical and income benefits to workers injured on overseas military bases. In addition, these individuals often have claims of negligence against military contractors that may result in the ability to recover for mental anguish, pain and suffering, physical impairment, lost earning capacity, and past and future medical expenses.

Doyle Dennis Avery LLP focuses its practice on representing workers who have been harmed by negligent military contractors. If you have suffered an injury while working on an overseas military base, contact Doyle Dennis Avery LLP to determine what your legal rights are

Dr. Miguel Gomez Vs. Memorial Hermann Health System

Doyle Dennis Avery LLP has secured a major victory in its ongoing case against Memorial Hermann Health System arising from defamation, business disparagement, and tortious interference that harmed a Houston, Texas cardiothoracic surgeon.  On August 15, 2019, the Court of Appeals for the First District of Texas issued an opinion rejecting Memorial Hermann’s effort to overturn the jury’s $6.3 million verdict and the 333rd District Court of Harris County’s Final Judgment

In a 67-page unanimous opinion, drafted by Justice Evelyn V. Keyes, the First Court of Appeals conducted a detailed review of the factual and legal arguments made by Memorial Hermann in an attempt to overturn the jury’s verdict.  The First Court of Appeals’ opinion overruled every single appellate point raised by Memorial Hermann.  Among other evidence relied upon by the First Court of Appeals was the testimony of multiple other physicians, including one physician who called Memorial Hermann’s actions “atrocious, damaging, [and] way over the line.”  The Court concluded by stating, “We affirm the judgment of the trial court.”

A copy of the Court’s full opinion is available at:  http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=f7fe57f6-0391-4b37-b4a1-ef46644e7356&MediaID=47305d53-844c-4dd0-b931-46e58546e260&coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&DT=Opinion

The First Court of Appeals Opinion is a significant victory in Doyle Dennis Avery LLP ’s ongoing fight against Memorial Hermann.  However, it does not necessarily end the case because Memorial Hermann is legally permitted to appeal further, including to the Supreme Court of Texas.  Doyle Dennis Avery LLP ’s attorneys are proud to continue in their fight to allow their client to rebuild his reputation.  If you have suffered from defamation by a hospital system or misuse of a hospital peer review process, Doyle Dennis Avery LLP ’s attorneys stand ready to assist in evaluating your potential claim.

Doyle Dennis Avery LLP has filed suit on behalf of a Texas doctor against Baylor Scott & White Health

Doyle Dennis Avery LLP has filed suit on behalf of a Texas doctor against Baylor Scott & White Health alleging breach of contract, violations of the Texas Health and Safety Code, for his wrongful termination by the hospital system.  The suit was filed in Dallas County District Court, in Dallas, Texas.

In the suit, Doyle Dennis Avery LLP has alleged that its client essentially was a whistleblower regarding unsafe practices that were occurring at the Baylor Scott & White Medical Center – Hilcrest.  For example, Doyle Dennis Avery LLP ’s physician client routinely raised serious concerns about about: (1) extremely cold operating rooms in the ambulatory surgery center, (2) dangerously sharp metal operating room doors in the ambulatory surgery center, (3) lack of safety straps to secure patients to operating tables, (4) lack of fire extinguishers, (5) use of dangerous cleaning chemicals, (6) lack of computers, (7) non-English anesthesia consent forms, (8) lack of training on newly implemented pain medication protocols, and (9) lack of prompt communication about medical procedures.

The suit further alleges that its client and other physicians who raised similar concerns clashed with hospital administration over the need to remedy issues involving patient safety.  As a result, these doctors, including Doyle Dennis Avery LLP ’s client, suffered from retaliation.  Specifically, Doyle Dennis Avery LLP ’s client was placed on leave, without the option to return, and ordered to sign a performance improvement plan.  In retaliation, the suit states, the hospital ultimately terminated the physician, but failed to follow specific requirements that were required of Baylor, including the Medical Staff Peer Review process.

As a result, the suit seeks damages, including damage to the physician’s reputation, lost earning capacity in the future, past lost wages, and mental anguish.  Doyle Dennis Avery LLP ’s attorneys have experience in representing physicians, doctors, and nurses in this specific area of retaliation, defamation, and violations of the Texas Health and Safety Code.  If you feel that you have been the victim of retaliator conduct or termination, Doyle Dennis Avery LLP ’s attorneys stand ready to complete a no-cost analysis of your claim to determine your rights under Texas law.

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