Iraq Army Veteran Receives $2.49M from Texas Jury
OAN’s Brooke Mallory
6:04 PM – Tuesday, October 3, 2023
A jury awarded $2.49 million to an Army veteran who was discharged following the onset of a crippling disease brought on by exposure to burn pits while serving in Iraq.
According to Military.com, Le Roy Torres, a former Army captain, won a case last week against the state of Texas due to the state breaking the Uniformed Services Employment and Reemployment Act.
In the civil trial, a jury of six people returned a unanimous verdict in Torres’ favor.
In 2017, Torres filed a lawsuit alleging that the Texas Department of Public Safety (DPS) had rejected his request to continue working as an administrator for the highway patrol. Instead, he claimed, the state refused him a disability retirement pension, forcing him to retire.
DPS maintained that the state legislature had to provide its assent before it could be sued. The case was sent back to Texas where the U.S. Supreme Court sided with Torres.
After a “grueling” battle, Torres made a statement to Military.com on Monday, saying that he felt justified by the Friday ruling.
“As citizen soldiers, we deserve to keep our professions when we return from serving our nation such as a deployment, subsequently accommodating the injured veteran if they return with certain limitations,” Torres told Military.com. “We should not have to bear the burden alone due to illnesses or injuries caused by the instrumentality of war.”
Brian Lawler, Torres’s lawyer, asserted that the DPS completely ignored Torres.
“After Dec. 16, 2011… No one from the Department of Public Safety contacted Le Roy to tell him what was going on and there was no evidence at all (literally none) that DPS looked for another position for him to fill, despite their lawful, affirmative duty to do so,” Lawler said in a statement.
When Torres was sent to Iraq in 2007, he contracted constrictive bronchiolitis, a disease that obliterates the lung’s airways. Bronchiolitis makes breathing extremely difficult, exhausting people who are affected.
He had previously been posted to Joint Base Balad, where one of the biggest burn pits was utilized by American soldiers to get rid of rubbish produced by the facility, including regular trash, medical waste, electronics, batteries, plastics, and more.
Torres was eventually found to have both an autoimmune disease and a traumatic brain injury.
Torres, an Army reserve officer, and his wife Rosie spearheaded a ten-year campaign to have burn pits recognized as a health danger and to pass historic legislation that would give sick veterans benefits.
He is also the co-founder of Burn Pits 360, which is a 501c3 non-profit veterans organization.
“Our mission is simple but strong – educate everyone on the impact of toxic chemical exposure, advocate for those harmed, and empower Veterans and their families to stand up for our community,” the website states.
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What is the significance of the recent jury awarding $2.49 million to Army veteran Le Roy Torres in his lawsuit over burn pit exposure?
Title: Army Veteran Awarded $2.49 Million in Lawsuit Over Burn Pit Exposure
Introduction:
In a significant victory for the rights of military veterans, a jury recently awarded $2.49 million to Le Roy Torres, an Army veteran who suffered from a debilitating disease caused by exposure to burn pits during his service in Iraq. The lawsuit, filed by Torres against the state of Texas, highlights the importance of upholding the Uniformed Services Employment and Reemployment Act and ensuring that veterans are not denied their rightful benefits.
Background:
Le Roy Torres, a former Army captain, had filed a lawsuit against the Texas Department of Public Safety (DPS) in 2017, alleging that the state had violated the Uniformed Services Employment and Reemployment Act. He claimed that the DPS had rejected his request to continue working as an administrator for the highway patrol and denied him a disability retirement pension, forcing him into retirement. The case was sent back to Texas, and the U.S. Supreme Court ultimately sided with Torres, allowing the lawsuit to proceed.
The Verdict:
After a challenging legal battle, Torres emerged victorious when a jury of six people unanimously ruled in his favor. The jury awarded him $2.49 million as compensation for the hardships he endured due to burn pit exposure and subsequent health complications.
Le Roy Torres’ Statement:
Expressing his satisfaction with the ruling, Torres stated that military personnel returning from deployments should be allowed to retain their professions, with accommodations made for injured veterans who may have limitations. He emphasized that they should not have to shoulder the burden alone when illnesses or injuries are caused by the effects of war.
Negligence by the DPS:
Brian Lawler, Torres’ lawyer, asserted that the DPS had completely neglected Torres’ situation. He stated that after December 16, 2011, there was no communication from the DPS regarding Torres’ position or any evidence to show that the department made an effort to find an alternative role for him, despite their legal obligation to do so.
Burn Pit Exposure and Health
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