Larry Roberta, one of the 12 Oregon plaintiffs, with his medications. Photo by Rob Finch/The Oregonian. Front photo of Cheney by Gage Skidmore/Veteran by U.S. Marines Corps.
Back home and increasingly sick, 12 of the Guardsmen sued the company; another 21 are reportedly waiting to join them. In November 2012, a Portland jury found KBG negligent and awarded $85 million to the soldiers, ruling KBR showed “conscious indifference to (their) health, safety and welfare.” The decision was celebrated by corporate watchdogs as an unprecedented call for accountability, and by the ailing, wheezing veterans as “a little bit of justice.” It sent the message, said a relieved Aaron St. Clair, that, “We’re not disposable…People are not going to make money from our blood.”
But the ever-greedy KBR didn’t want to have to account for their behavior during a war thatnetted them $39 billion in profits, more than any other defense contractor; when he left as head of Halliburton in 2000, Cheney himself had earned $12.5 million, with $39 million more in stock options. KBR appealed the ruling, which was overturned on a bizarre technicality that found, not that KBR hadn’t poisoned people, but that Oregon veterans had to sue the company in their home state of Texas. Not content with that questionable legal victory, KBR took their corporate bullying and other scorched-earth tactics to a whole new level by filing a motion seeking $850,000 in legal fees from the sick veterans whose painful and likely dramatically shortened lives they’ve already ravaged.
The kicker: Even if they lose on appeal, KBR will likely get off scot-free thanks to anindemnity clause in their contract with the Defense Department, which would be held liable for any corporate malfeasance. Meaning that, once again, taxpayers would be left to bail out another massive amoral corporation guilty of greed, gross and in this case fatal negligence, and the blithe ruination of many lives. As one critic puts it, “By burying these veterans in litigation and possibly crushing debt, they will have poisoned U.S. veterans, on the U.S. government’s dime, and have gotten away with it.” In an outraged letter to the Defense Department, Democratic Oregon lawmakers likewise protested KBR’s extortion attempts with the understatement of the decade: “Our soldiers have a right to expect better.”