Army not held responsible
for chemical workers’ claim The Associated
Press October 16, 2004 PORTLAND — The Army
was not responsible for injuries suffered by 49 construction workers who
claim they were exposed to a nerve gas leak at the Umatilla Chemical Depot
in Eastern Oregon, a judge has ruled.
U.S. Magistrate Dennis Hubel said the workers had failed to prove the Army
caused or worsened their injuries. Earlier, Hubel had ruled the Army was
negligent for not providing prompt medical care on Sept. 15, 1999.
The workers were part of a construction crew building a complex of incinerators
that will be used to destroy a stockpile of 3,700 tons of aging Cold War
chemical weapons, including sarin and VX nerve gas.
Many of the workers reported difficulty breathing that day, while some vomited
and some had to be carried out of the building.
James McCandlish, an attorney representing the depot workers, said he would
appeal Thursday’s ruling.
The workers, who believe they were exposed to sarin gas, sued the Army and
Raytheon, the contractor for the incinerator complex.
Raytheon, now Washington Demilitarization Co., settled with the workers.
But the lawsuit against the Army went to trial, including two weeks of hearings
last June.
Mary Binder, an Army spokeswoman, said the ruling confirms that there was
no leak.
“From the very beginning we knew the chemical warfare agents stored at the
depot did not cause that incident,” Binder said.
