Trial over jet fuel contamination in Hawaii's water set to begin

The U.S. government, successful what an lawyer says is simply a "monumental admission," said past twelvemonth that it caused wounded to thousands of group connected nan Hawaiian land of Oahu erstwhile pitchy substance from its retention installation leaked into nan drinking h2o system. On Monday, thousands of subject family members and locals are headed to proceedings seeking financial compensation. 

Kristina Baehr, 1 of nan attorneys representing nan plaintiffs successful nan case, said her patient has 7,500 clients suing complete nan leak. Monday's proceedings footwear disconnected a bellwether trial, meaning it's a smaller consolidation of lawsuits taken from a larger group. 

The lawsuit dates backmost to nan week of Thanksgiving successful 2021, erstwhile astir 20,000 gallons of pitchy substance leaked retired of nan World War II-era Red Hill Bulk Fuel Storage Facility and into nan h2o strategy that serves astir 93,000 people near Joint Base Pearl Harbor-Hickam connected Oahu. Military officials for days denied location was thing incorrect pinch nan water, arsenic seen successful recorded grounds and memos sent from that time. 

By nan clip nan subject acknowledged location was petroleum successful nan water, group had already begun emotion nan wellness impacts, galore of which are still being knowledgeable coming — more than 2 1/2 years later. 

In May 2023, nan authorities made what Baehr says were "monumental admissions" astir nan crisis. Along pinch admitting liability for negligence astatine nan retention facility, she said nan authorities besides "admitted that residents connected nan h2o statement successful November 2021 suffered injury." 

In a court-filed associated stipulation dated May 10, 2023, attorneys for nan Department of Justice said "the United States does not dispute" that nan 2021 spill "caused a nuisance for those Plaintiffs who owned aliases leased residences" that were yet taxable to a authorities Department of Health advisory. 

The DOJ besides says successful nan archive that it "does not conflict that...the United States breached its work of attraction to nan Resident Plaintiffs to workout mean attraction successful nan cognition of Red Hill" and that, arsenic a consequence of nan "nuisance," plaintiffs "suffered injuries compensable nether nan Federal Tort Claims Act." 

What nan Justice Department hasn't admitted, Baehr said, is nan grade of nan harm aliases that nan authorities grounded to pass residents.

Baehr told CBS News that galore of her thousands of clients knowledgeable nan aforesaid symptoms astatine nan opening of nan leak: dizziness, encephalon fog, disorientation, rashes, nausea, vomiting and burning successful nan esophagus. 

Years later, galore person spent countless hours successful hospitals and are still suffering from nan impacts. 

Hawaii's U.S. Rep. Ed Case, right, attends a rally calling for nan shutdown of nan Navy's Red Hill underground substance tanks arsenic a man holds a photograph of an babe who had chemic burns aft bathing successful substance contaminated water, Friday, Feb. 11, 2022 successful Honolulu.  Caleb Jones / AP

Victims of pitchy substance vulnerability opportunity their lives person "forever been drastically changed"

Jamie Simic, whose then-husband was a elder main petty serviceman successful nan Navy erstwhile nan leak occurred, is 1 of nan 3 individuals specifically named arsenic plaintiffs successful nan case. Before it was confirmed nan h2o was contaminated, she said her children refused to brushwood their teeth. 

"My daughter's teeth were crumbling retired of her head. They were saying we couldn't sensation toothpaste anymore... that they were tasting thing foul," she said, adding that nan time subject officials confirmed location was thing incorrect pinch nan water, she was "throwing up while cooking dinner" from nan fumes and wear. 

"I went to nan fridge to drawback retired immoderate crystal from my freezer and my crystal was axenic yellowish and it had an oily film," she said. "I put it up to my chemoreceptor and I could smell fuel." 

The smell of substance was connected everything that came into interaction pinch water, from dishes to laundry, Simic said. At nan guidance of nan military, she and her family went to Tripler Army Medical Center, but she said that while there, they astatine first were fixed only "a portion of insubstantial to constitute down your symptoms." 

"There was nary form. There was nary doctor. There was nary humor unit taken. There was nothing," she said. 

Meanwhile, she says she and her kids, now 11 and 10, person knowledgeable issues pinch their teeth, incontinence and pharynx problems, while she has besides dealt pinch reproductive issues. In an amended complaint revenge successful December 2022, attorneys said her family had to make much than 20 visits to doctors and acquisition 2 biopsies and 3 surgeries. Some procedures her boy needed that twelvemonth "were thwarted because their boy was excessively traumatized to cooperate," nan title says. 

When CBS News said pinch Simic connected Wednesday, she said nan number of procedures and visits are now, "well complete 300 to 400." In galore of these visits, she said doctors stated nan problems she and her family are experiencing are related to nan pitchy substance exposure.  

"We person been diagnosed pinch chronic hydrocarbon toxicity vulnerability much than once," she said. "My daughter's issues were conscionable precocious linked to it pinch her bowels. 'To biology vulnerability successful Hawaii' is what her records say." 

And nan toll isn't conscionable physical, it's an immense financial burden. Simic's grandma has fixed nan family almost $40,000 to thief pinch related expenses, she said. 

"Just tomorrow alone, astir apt going to beryllium spending $250 to $300 connected recreation pinch 1 specialty appointment, nan copay, and past some of my children's superior attraction head appointments."

Task Force Ohana Soldiers capable containers pinch potable h2o for Aliamanu Military Reservation residents (AMR) astatine a h2o proviso constituent astatine AMR connected Dec. 15th, 2021 astatine AMR, Hawaii.  Sgt. 1st Class Richard Lower/DVIDS

Mai Hall, who is Native Hawaiian and a subject spouse, lived successful military-provided lodging pinch her hubby and 2 kids astatine nan clip of nan pitchy substance leak. Speaking to CBS News successful March 2023, she said her family started experiencing symptoms quickly.

"The adjacent time it became evident pinch nan headaches, nan nausea, bloody stools. ... The cats were vomiting. I was like, 'Oh my God, we're gonna die,'" she told CBS News. "...We knew thing was wrong. It was benignant of for illustration post-apocalyptic." 

When families first started notifying subject officials their h2o had developed a unusual sensation and smell, their "concerns were not being heard," Hall said.

"It must person been a week, six to 7 days, earlier they said, 'Oh yeah, by nan way, location whitethorn person been substance that leaked into nan water,'" she told CBS News. "...And it was conscionable an email. It wasn't moreover a telephone call. It wasn't a sound connected nan door." 

Records show that Navy drinking h2o supervisor Joe Nehl said connected Nov. 28, 2021, he received confirmation location was substance successful nan h2o strategy and said he "called for help" and agreed it was evident group needed to cognize of nan situation. 

However, it wasn't until a municipality hallway connected December 5 that officials first stated publically location was substance from nan leak successful nan water. Prior, they had issued statements saying location was "no denotation h2o is not safe." 

A connection from December 5, 2021, posted connected JBPHH's charismatic Facebook page, successful which Joint Base Commander Erik Spitzer says h2o testing results showed nan h2o was not safe to portion aft pitchy substance leaked from nan Red Hill Bulk Storage Facility.  Joint Base Pearl Harbor-Hickam/Facebook

A November 30 connection scheme from Joint Base Pearl Harbor-Hickam CBS News obtained shows officials were told to say, "There do not look to beryllium immoderate indications that nan h2o is unsafe" and, "We person not heard of immoderate injuries." 

"I conscionable person to spot nan system," Hall told CBS News. "And do I spot nan system? No, I don't." 

Baehr and Simic opportunity this ordeal, arsenic detrimental arsenic it has been to those impacted, is besides a communicative of resilience and hope. 

"All we tin get from nan lawsuit is financial compensation. But financial compensation is what brings accountability," Baehr told CBS News. "...These families took connected nan United States of America and won. And now it's a mobility of damages."

"Our lives person already everlastingly been drastically changed," Simic said. "...We're already victorious successful nan Navy admitting nan harm. We conscionable request to beryllium victorious successful them admitting nan semipermanent harm truthful families specified arsenic excavation tin proceed to heal and get amended and person nan value of life that was taken from us." 

In:
• Water Safety
• United States Department of Justice
• Drinking Water
• Hawaii