Here is a Thanksgiving practice building tip to all the hungry attorneys looking for work. It can be summed up in two words: "Chinese Drywall." The federal government has provided ammunition for plaintiffs hoping to link Chinese drywall to the toxic effects reported by thousands of U.S. homeowners. Air sampling has provided a strong link came from an analysis conducted inside dozens of homes containing drywall made in China. The Consumer Product Safety Commission executive summary of the study provided poster board quotes for use at trial when it stated: "While the study of 51 homes detected hydrogen sulfide and formaldehyde ... at concentrations below irritant levels, it is possible that the additive or synergistic effects of these and other compounds in the subject homes could cause irritant effects."
Two other preliminary studies found copper sulfide corrosion in metal components taken from homes containing the Chinese drywall. Chinese drywall was imported from 2005 through 2007 during a housing boom following two active hurricane seasons. It was a time when demand created a shortage of building materials in the southern United States. Shortly thereafter, the product safety agency was bombarded by almost 2,100 complaints from over 32 states. The most complaints arose in Florida, Louisiana and Virginia. However, complaints by homeowners of a rotten-egg smell, sickness, failed appliances, and corroded wires and pipes has occured in 32 states in some form or another. In some cases, the problem was so bad that residents had to move out of their homes. Air studies of 41 houses containing Chinese drywall were compared to 10 homes in the same geographical areas whose homeowners had not complained. Jack McCarthy, president of Environmental Health & Engineering Inc., carried out the study.
U.S. Consumer Product Safety Commission
China
Senator Bill Nelson
U.S. Consumer Product Safety Commission
China
Senator Bill Nelson
Investigators discovered that materials such as copper pipes and wires were checked for corrosion. Silver strips were left in the home for two weeks and then examined for corrosion.
In the 41 homes containing Chinese Drywall, there was a "strong association" between the high levels of hydrogen sulfide and the corrosion of the metals... "Temperature, humidity and air-exchange rates also appear to be contributing factors, " according to Jack McCarthy. Note that higher moisture and temperature levels and lower air-exchange rates were connected with more advanced corrosion. Formaldehyde was also found in both complaint and noncomplaint homes. McCarthy also added, "... we can say that the levels of the pollutants we found, particularly the hydrogen sulfide and formaldehyde, could possibly contribute to some of the health problems that have been reported to the CPSC."
In the 41 homes containing Chinese Drywall, there was a "strong association" between the high levels of hydrogen sulfide and the corrosion of the metals... "Temperature, humidity and air-exchange rates also appear to be contributing factors, " according to Jack McCarthy. Note that higher moisture and temperature levels and lower air-exchange rates were connected with more advanced corrosion. Formaldehyde was also found in both complaint and noncomplaint homes. McCarthy also added, "... we can say that the levels of the pollutants we found, particularly the hydrogen sulfide and formaldehyde, could possibly contribute to some of the health problems that have been reported to the CPSC."
The challenge to plaintiff's counsel is to identify homes with the corrosive materials. The government will help as Scott Wolfson, the product safety agency's director of information and public affairs, has publically acknowledged that the investigation into this matter will be the largest in the agency's history.
Even though none of the offending drywall entered the United States this year, how much of the contaminated drywall board had been stocked in warehouses across the country? The number of contaminated homes has been reported as high as 100,000 homes. While the studies help, more work has to be done to prove the causal association between Chinese Drywall and the ill effects. But it looks promising for plaintiffs counsel.
When will the CDC [Centers for Disease Control and Prevention] and EPA [Environmental Protection Agency] say whether Chinese Drywall is harmful to people's health? Common sense suggests they should act now. But when has common sense ever been the strong suit of the government?
Update 6-22-10: Legal Pub gave this practice building tip well in advance! Is this the first to cash in on a trend? A Miami jury has awarded $2.5 million to a family whose home was ruined by defective Chinese drywall. Armin and Lisa Seifart sued Banner Supply after Chinese drywall corroded copper pipes, fixtures, and ruined their air conditioner. It also made their home smell. Banner allegedly received complaints about the defective drywall years ago and could have prevented such building materials from being used. See: Miami Herald
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11 comments:
About time for a scholarly article! Fair coverage given your defense bias! LOL
When will the CDC ever learn?
NO secrets what the defense will argue: "Prove causation."
California's Office of Environmental Health Hazard Assessments lowered their recommended 8-hour exposure level to just 7 ppb. Everyone of these 51 homes (an nearly every home built this decade) will exceed this recommended level. Since we breath while we sleep, nearly everyone is in their home for more than 8-hours a day. Formaldehyde alone could explain the health effects.
We need to see a bunch of formaldehyde suits!
This is a problem with outsorcing…the drywall manufactured in this country has to stick to a standard, the drywall manufactured outside of this country does not, and can be made cheaper with inferior materials. The lax rules of importing many products has given psychotic importing CEO’s free rain to poison us and our children. (don’t forget the lead in the paint of all the toys just a few years ago that came from China) These CEO’s profit handsomely as they poison the population and if they are well connected they will never be held responsible.
This is another case of the rich harming we citizens and our children for their personal gain…. and it is time to do something about it!
Part of a chinese plot to take over the world one home at a time?
Maybe not take over the world, but to destroy our economy here in the states.
Update 6-21-10: A lawyer gives his experience with this nightmare. See the link under update:
http://www.linkedin.com/news?viewArticle=&articleID=137491244&gid=55713&articleURL=http%3A%2F%2Fwww%2Elawyersandsettlements%2Ecom%2Farticles%2F14359%2Fchinese-drywall-china-26%2Ehtml&urlhash=MLIf&trk=NUS_RITM-title
Educational note: Traditionally the term "Chinese Walls" refers to a lawfirm's screening practice within the firm to prevent conflicts of interests between clients. It will segregate lawyers or administrative staff who may have a conflict of interest in regards to common clients of the law firm or former clients of the lawyer of administrative staff.
In this article, Chinese Walls refers to drywall made in China.
Update 6-22-10: Legal Pub gave this practice building tip well in advance! Is this the first to cash in on a trend? A Miami jury has awarded $2.5 million to a family whose home was ruined by defective Chinese drywall. Armin and Lisa Seifart sued Banner Supply after Chinese drywall corroded copper pipes, fixtures, and ruined their air conditioner. It also made their home smell. Banner allegedly received complaints about the defective drywall years ago and could have prevented such building materials from being used. See: Miami Herald
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