Monday, September 23, 2019
Hawai'i Free Press

Current Articles | Archives

Friday, June 06, 2014
Military families file lawsuit; say housing project made them sick
By Malia Zimmerman @ 4:25 PM :: 2836 Views :: Military

Military families file lawsuit; say housing project made them sick

 HOUSING ISSUES: Families stationed on Marine Corps Base Hawaii in Kaneohe have filed a class action lawsuit.

By Malia Zimmerman, Watchdog.org, June 6, 2014 

KANEOHE, Hawaii — Families stationed on Marine Corps Base Hawaii in Kaneohe have filed a class action lawsuit after battling illnesses they say are related to dangerous exposure to chemicals, mold, construction debris and dust in and around their assigned homes.

Ohana Military Communities and Forrest City Residential Management are named as defendants in a lawsuit filed April 3 by Hawaii attorneys Kyle Smith, Terrance Revere and Malia Nickison Beazley.

The lawsuit alleges breaches of contract, violation of the landlord-tenant code, negligence, intentional infliction of emotional distress, fraud and unfair and deceptive trade practices. The families are seeking full disclosure and damages. Forest City successfully petitioned to transfer the case to U.S. District Court and is petitioning the judge to dismiss it.

Cara Barber, whose own family was affected, is the lead plaintiff and spokeswoman for the military families. She said hundreds of “frightened” and “deeply concerned” military families who live — or have lived — at Marine Corps Base Hawaii in Forest City housing contacted her after they learned she filed a complaint with HUD in 2011.

 A QUESTION OF HEALTH: Robert and Cara Barber with their daughter Abby and son Connor. After moving to the Marine Corps Base Hawaii, Abby’s military pediatrician diagnosed her with intermittent asthma caused by the exposure to environmental toxin.

Barber’s daughter, Abby, was 14 months old when they moved there. Abby was a healthy child but, Barber said, her daughter began to experience chronic respiratory problems after moving to the base. In 2008, after two years there, Abby’s military pediatrician diagnosed her with intermittent asthma caused by the exposure to environmental toxin.

Barber asked Forest City to allow her family to move to housing away from the ongoing demolition but was denied. In the complaint, Barber says, the military contractor discriminated against her disabled child by failing to satisfy a request for reasonable housing.

After many months of delays, Forest City in March 2011 acted swiftly after learning Barber and other families affected by the construction were considering legal action. Forest City paid the Barbers’ moving expenses off base, but Barber said off-base housing three miles away was considerably more expensive and took them away from friends, their community and the inherent security of the base. Her daughter did make a remarkable recovery.

Problems for many of the military families involved in the lawsuit occurred between 2006 and 2012 when they were assigned to live in base housing adjacent to where Forest City was demolishing more than 2,000 homes. The homes, which contained mold, sat atop contaminated soil that contained high levels of chlordane, heptachlor, aheptachlor epoxide, dieldrin and aldrin. Forest City excavated that soil and build new homes directly upwind, emitting heavy demolition dust and debris, the lawsuit says.

Residents, children and their pets suffered chronic respiratory, neurological and skin disorders, and some children required emergency resuscitation, repeated trips to emergency rooms, excessive medical care and medications to simply breathe, Barber said.

Katie Eckroth, who worked as a nurse and paramedic, said her son, who was a year old when her family moved to the base, developed severe breathing problems and began to regress mentally six months after moving into military housing.

“Luke was a normal healthy child when we moved here. But he stopped drinking, eating and talking. My husband and I were up all night holding him because he was so sick,” Eckroth said.

 Marine Corp Base Hawaii in Kaneohe, Hawaii

Their son had two surgeries for airway problems and suffered respiratory arrest in the hospital, Eckroth said, noting she believes the problems stemmed from the incessant dust and dirt that covered her house because of the demolition.

“Our child was inexplicably ill, and there was no reason for it. We saw other children around us getting sick, and it was extremely alarming,” Eckroth said.

Walter Chun, former head of the federal Occupational Safety and Health Administration in the Pacific, will likely be a key witness in the case. He was a safety consultant on the housing construction project beginning in 2006 and performed tests on the soil, documenting the contaminated ground.

Chun confirmed that tests showed areas with high levels of chlordane, heptachlor and heptachlor epoxide — as much as 20 times the EPA’s acceptable level.

Chlordane is a pesticide, which the EPA banned in 1988 because exposure can cause liver damage, bronchitis, migraine headaches, asthma and cancer, Chun said.

Forest City was put in charge of demolition and construction of new military housing, and Forest City and the Hawaii Department of Health developed a soil-management plan, Chun said.

Col. Brian Annichiarico, commanding officer, Marine Corps Base Hawaii, who lives on base with his family, issued a statement on behalf of the base. It says the housing and soil are safe.

UNDER CONSTRUCTION: Families in military housing in Kaneohe say construction dust, debris and chemicals in the soil made them sick UNDER CONSTRUCTION: Families in military housing in Kaneohe say construction dust, debris and chemicals in the soil made them sick

Chlordane remains in the soil, Annichiarico confirmed, after it was used legally between the 1940s until 1988 to protect homes from ground termites. Though it hasn’t been used for 26 years, chlordane breaks down slowly and could still be present in small amounts.

When the military housing was built in 2005, tests confirmed the presence of chlordane, but the levels were acceptable levels for the EPA and state Department of Health, Annichiarico said.

Part of the risk assessment by the military is controversial because it assumes families won’t be exposed to the chemical for more than six years, assuming they will be assigned elsewhere.

Several families interviewed for this story said they expected government agencies to monitor the environmental, health and safety concerns and were devastated to learn little, if any, such oversight occurred, despite numerous complaints filed with the Department of Health, HUD, the military and the military’s private contractors.

Chun filed a complaint with the state Department of Health on March 5, but the DOH responded March 28 that it did not conduct oversight of that project, as well as the other military family housing projects, and has no information about soil-management practices to protect the military families.

“I believe military families should have the right to safe housing. If for any reason our military families could be exposed to hazardous substances in the privatized military housing they are assigned, they have the right to know – that information should be fully disclosed to military families,” Barber said.

---30---

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Conservative Alliance

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT