The long-awaited PACT Act included a list of some two dozen presumed burn pit illnesses. Victims with one of these illnesses who worked and/or lived near an open-air burn pit do not have to connect the dots between their exposure and their illnesses. The law connects the dots for them.
Briefly, the armed services began using these open-air waste disposal pits during the Persian Gulf War. Mobile ground combat lasted less than a month, but many troops sat in remote areas of the Saudi desert for several months. The DoD usually did not bother with camp infrastructure, such as plumbing and sanitary waste disposal. Instead, these units dumped all their garbage into pis, and burned the contents.
Active duty personnel at the time reported respiratory difficulties and headaches in some cases, but the DoD ignored those warnings. Later, around 2008, The Special Inspector General for Afghanistan Reconstruction found burn pits to be indefensible because their emissions were potentially harmful to US servicemembers. But the DoD ignored that warning, too.
Technically, the PACT Act presumption does not apply to matters involving injured contractors. However, a Defense Base Act lawyer can use the list of presumptive conditions to fast-track a claim for benefits. These benefits usually include partial lost wage replacement and medical bill payment. Words like “partial” and “reasonable” are subjective. But, if a contractor has a presumptive condition, the claim is less time-consuming. Key elements are established before a DBA lawyer sets foot in a courtroom.
Chronic Rhinitis
This condition is a long-term illness that causes inflammation of the nasal passages, leading to a persistent blockage or discharge. It is different from acute rhinitis, which is short-term and usually lasts a couple of weeks, while chronic rhinitis typically lasts for at least 12 weeks.
The length of the illness is usually the dividing line between chronic rhinitis (presumptive) and acute rhinitis (not presumed).
Glioblastoma
GBM is a fast-growing, aggressive, and malignant brain tumor that develops in the glial cells, which support the brain and spinal cord. It is the most common type of brain tumor in adults, accounting for about half of all brain tumors in the U.S. GBM can occur at any age but is more common in older patients between the ages of 65 and 74, with a median age of diagnosis of 65 years.
So, if a younger person develops GBM, the cancer is almost always environmental, which is why the presumption applies to this illness. An insurance company lawyer can refute this presumption if there is an overwhelming amount of evidence that something other than toxic burn pit smoke caused the victim’s GBM.
Lung, Bronchus, Laryngeal, Tracheal, or Other Respiratory Cancer
Usually, doctors believe that lung cancer is a lifestyle or genetic condition. As far as they are concerned, only smokers or people with genetic predispositions develop lung cancer. So, when initial symptoms appear, like chronic pain, trouble breathing, and drastic weight loss, doctors usually look for a non-cancer cause.
The delayed diagnosis means that, when a doctor finally diagnoses cancer, the treatments are more aggressive and therefore more expensive. If medical bills are inflated in these situations, those bills are still reasonably necessary and therefore compensable under the DBA.
Gastrointestinal Cancer
GI cancer is the uncontrolled growth of abnormal cells in the digestive tract and other abdominal organs. There are several distinct types of GI cancers, including cancer of the esophagus, stomach, pancreas, small bowel, colon, rectum, and anus.
Toxins, like the toxins in burn pit smoke, artificially extend cell life. That sounds like a good thing, but it is not. When cells do not naturally die off, they clump together, forming tumors and siphoning nutrients from other parts of the body.
Reproductive Cancer
Cancer in the genitals could affect both parents and children. This form of cancer also has one of the lowest survival rates of any kind of cancer.
Advanced gene editing therapy may signal a change. It is based on the simple principle that if a genetic mutation causes cancer, a genetic mutation can also cure or at least manage cancer. The Food and Drug Administration has already approved a gene editing therapy, but it costs several million dollars per treatment.
Head and Neck Cancer
Head and neck cancers are cancers that start in the head and neck area. There are many kinds of cancer that can happen in the head and neck. Each kind begins as a growth of cells that can invade and destroy healthy body tissue.
Head and neck cancer is not a diagnosis. Instead, it is a category of cancers that have some things in common. For example, many head and neck cancers share some risk factors and treatments. Most head and neck cancers begin in squamous cells. These thin, flat cells make up the outer layer of the skin. They also line the inside of the nose, mouth, and throat. Cancers that begin in the squamous cells are called squamous cell carcinomas. Cancers can begin in other kinds of cells in the head and neck area, though these are less common.
Chronic Sinusitis
Chronic sinusitis is a condition that causes inflammation and swelling in the sinuses and nasal passages for more than 12 weeks. It can be caused by bacteria, fungus, or physical obstructions, like a deviated septum or nasal polyps. Chronic Sinusitis can make it difficult to breathe through the nose and can prevent mucus from draining.
Much like GBM, CS is very rare among young people who are generally healthy. Almost any unhealthy breathing environment, including urban air pollution, could cause CS. So, the burn pit presumption is very useful in these cases.
Lymphoma Cancer
This blood cancer affects the lymphatic system, or lymph glands, and the white blood cells (lymphocytes) that produce lymph. Lymph helps the body fight infections, so lymphoma can occur almost anywhere in the body where lymph tissue is found.
Many times, lymphoma cancer itself is not as severe as other kinds of cancer. The vulnerability to infection, especially deadly infectious diseases, is a different story. If a deployment-related illness causes another illness, a DBA lawyer may be able to sue in civil court and obtain additional compensation, mostly money for emotional distress and other noneconomic losses.
For more information about deployment-related illnesses, contact Barnett, Lerner, Karsen, Frankel & Castro, P.A.