In a significant acknowledgment, the U.S. government admitted last year that it was responsible for causing harm to numerous individuals on the Hawaiian island of Oahu due to jet fuel leakage from its storage facility contaminating the drinking water supply. As a result, thousands of military families and local residents are now heading to court to seek financial restitution.
Attorney Kristina Baehr, representing the plaintiffs in the lawsuit, stated that her legal team is currently representing 7,500 clients impacted by the incident. The trial commencing on Monday is considered a bellwether trial, serving as a preliminary consolidation of a larger number of lawsuits.
The origins of the case trace back to the week of Thanksgiving in 2021 when approximately 20,000 gallons of jet fuel leaked from the aging Red Hill Bulk Fuel Storage Facility, a relic from World War II, contaminating the water supply utilized by around 93,000 individuals in the vicinity of Joint Base Pearl Harbor-Hickam on Oahu. Despite the evident contamination, military officials initially refuted any issues with the water quality, as evidenced by recorded testimonies and communications from that period.
After the military finally acknowledged the presence of petroleum in the water, the community had already started experiencing health issues, some of which are still ongoing today — more than 2 1/2 years later.
In May 2023, the government made significant revelations about the crisis. In addition to accepting responsibility for negligence at the storage facility, they also acknowledged that residents along the water line in November 2021 suffered harm.
In a joint stipulation filed in court on May 10, 2023, the Department of Justice's attorneys stated that "the United States does not dispute" the fact that the 2021 spill "created a nuisance for those Plaintiffs who owned or leased residences" that were later subject to a state Department of Health advisory.
The document also mentions that the DOJ does not contest that "the United States breached its duty of care to the Resident Plaintiffs to exercise ordinary care in the operation of Red Hill" and that, due to the "nuisance," plaintiffs "suffered injuries compensable under the Federal Tort Claims Act."
However, according to Baehr, the Justice Department has not acknowledged the full extent of the damage or the government's failure to warn residents.
Joint stipulation document in Red Hill lawsuit by CBS News on Scribd
Many individuals who were exposed to jet fuel in a contaminated water leak have reported experiencing symptoms such as dizziness, brain fog, disorientation, rashes, nausea, vomiting, and burning in the esophagus, according to Baehr.
Years later, the impacts of this exposure continue to haunt them, with many still spending hours in hospitals and suffering from the aftermath.
Survivors of jet fuel exposure recount how their lives have been permanently altered
Among the affected individuals is Jamie Simic, whose then-husband served as a senior chief petty officer in the Navy during the time of the leak. She is one of the three plaintiffs in the case and shared her harrowing experience.
Before the contamination was confirmed, Simic mentioned that her children were reluctant to brush their teeth due to the water quality. She described her daughter's teeth deteriorating and the family losing their sense of taste for toothpaste.
On the day the military acknowledged the water issue, Simic recalled feeling sick from the fumes while cooking dinner. She discovered that even the ice from her freezer had turned yellow with an oily film, emitting a strong fuel odor.
The scent of fuel lingered on every item that touched water, from dishes to laundry, Simic noted. Following military orders, she and her family headed to Tripler Army Medical Center. However, she expressed that during their time there, they were only provided with "a piece of paper to jot down your symptoms."
"There was no form. There was no physician. No blood pressure was measured. There was nothing," she recounted.
Meanwhile, she shared that both her children, now 11 and 10, have encountered dental, incontinence, and throat issues, while she has grappled with reproductive problems. According to an amended complaint lodged in December 2022, attorneys stated that her family had to attend more than 20 medical appointments, including two biopsies and three surgeries. The complaint also mentioned that certain treatments her son needed that year "were impeded due to his extreme distress."
During a conversation with CBS News, Simic disclosed that the count of medical procedures and appointments has now surpassed "300 to 400." She disclosed that in numerous consultations, healthcare professionals have linked the health issues faced by her family to the exposure to jet fuel.
"We have received multiple diagnoses of chronic hydrocarbon toxicity exposure," she stated. "Recently, my daughter's issues were connected to it, particularly concerning her bowels. Her medical records attribute it to 'environmental exposure in Hawaii'."
The Financial Toll of the Jet Fuel Leak
And the toll isn't just physical, it's an immense financial burden. Simic's grandmother has given the family almost $40,000 to help with related expenses, she said.
"Just tomorrow alone, probably going to be spending $250 to $300 on travel with one specialty appointment, the copay, and then both of my children's primary care manager appointments."
Mai Hall, who is Native Hawaiian and a military spouse, lived in military-provided housing with her husband and two kids at the time of the jet fuel leak. Speaking to CBS News in March 2023, she said her family started experiencing symptoms quickly.
"The next day it became apparent with the headaches, the nausea, bloody stools. ... The cats were vomiting. I was like, 'Oh my God, we're gonna die,'" she told CBS News. "...We knew something was wrong. It was kind of like post-apocalyptic."
When families first started notifying military officials their water had developed a strange taste and smell, their "concerns were not being heard," Hall said.
"It must have been a week, six to seven days, before they said, 'Oh yeah, by the way, there may have been fuel that leaked into the water,'" she told CBS News. "...And it was just an email. It wasn't even a phone call. It wasn't a knock on the door."
Records indicate that Navy drinking water supervisor Joe Nehl revealed on November 28, 2021, that he had received confirmation of fuel in the water system. Nehl mentioned that he "called for help" and acknowledged the necessity of informing the public about the situation.
However, it wasn't until a town hall meeting on December 5 that officials publicly acknowledged the presence of fuel from the leak in the water. Prior to this, their statements had indicated that there was "no indication water is not safe."
A communication plan dated November 30, obtained by CBS News from Joint Base Pearl Harbor-Hickam, instructed officials to state, "There do not appear to be any indications that the water is unsafe," and "We have not heard of any injuries."
"I just have to trust the system," Hall expressed to CBS News. "And do I trust the system? No, I don't."
Baehr and Simic view this experience, despite its adverse effects on those affected, as a tale of resilience and optimism.
"All we can hope for in this situation is financial compensation. However, financial compensation is crucial for ensuring accountability," Baehr explained to CBS News. "These families stood up against the United States of America and emerged victorious. Now, it's a matter of assessing the damages."
"In the wake of the Navy's admission of harm, our lives have been irrevocably altered," expressed Simic. "While this acknowledgment is a victory, we now seek recognition of the long-term effects to aid in the healing process and restore the quality of life that was unjustly taken from us."
