Chinese Drywall May Cause Severe Health Issues
Chinese Drywall Victims Awarded $2.6 Million, Judge Says Homes Must be Gutted
Date: April 8th, 2010
The owners of seven Virginia homes contaminated with toxic Chinese drywall have been awarded $2.6 million by the federal judge overseeing the Chinese drywall multidistrict litigation (MDL) currently underway in New Orleans. The trial was considered a "bellwether" or test case, and the decision could affect how lawsuits by thousands of other homeowners are settled.
To review full Chinese Manufactured Drywall Products Liability Litigation - Findings of Fact and Conclusions Of Law --Click Here.
Chinese Drywall Victims Must Act Now to Join Knauf Plasterboard Lawsuit
Chinese drywall victims whose homes were built with wallboard manufactured by Knauf Plasterboard (Tianjin) Co., Ltd. have until December 9 to join an omnibus class action lawsuit against Knauf. If you are interested in joining this lawsuit, you must contact an attorney and arrange to have your home inspected today. More...
Do You Have Defective Chinese Drywall In Your Home?
Is your new Florida home filled with the odor of rotten eggs? Have you had to pay for frequent repairs on your home's air conditioning system, wiring or pipes? Have you and members of your family experienced irritated eyes, respiratory problems, nose bleeds and headaches that alleviate when you are away from your Florida home for a period of time? If you have answered yes to any of these questions, you may be a victim of defective Chinese drywall.
Parker Waichman Alonso LLP, A Leading National Firm Dedicated to Protecting Homeowners Rights, Is Investigating Allegations That Builders Are Using Coercive Tactics and One-Sided Remediation Agreements to Limit Chinese Drywall Liability
Parker Waichman Alonso LLP has been contacted by several homeowners with Chinese drywall who have been coerced by their builders into signing unfair, one-sided remediation agreements. Parker Waichman Alonso LLP filed the first Chinese drywall lawsuit in federal court, and continues to aggressively prosecute these claims.
Builders in Florida implicated in using Chinese drywall have been accused of preying on desperate homeowners with the goal of inducing them into forfeiting all of their legal rights in return for an inadequate remediation of their homes. These unethical builders are continually contacting, and in many cases harassing, their customers, whether they are represented by counsel or not. Some builders are misleading the homeowners into believing that their sole remedy is to permit the builder to do the remediation Naive homeowners, anxious to have their homes made livable, are relying on empty promises and other oral representations made by builders that are not contained in written agreements. As a result, many homeowners have entered into written agreements without understanding the full implications of this action. In all cases builders are refusing to perform any remediation unless the homeowner signs one of these unconscionable, one-sided agreements.
These agreements release the builder from all current and future claims of liability. They also assign all of the homeowner's rights to the builder enabling the builder to go after any other party(s) responsible for any claims or damages the homeowner could have asserted. The agreements do not provide for compensation for many of the homeowner's losses including damage to personal property, reimbursement for out-of-pocket expenses, diminution in market value, inability to refinance, detriment to credit resulting from default and/or foreclosure, and loss of enjoyment. These agreements do not require builders to cover any mortgage payments, utilities, taxes, insurance and/or Home Owners Association fees, or other expenses during the period of remediation, during which time the owner cannot use the property. Almost all of the agreements provide only a 1 year Limited Warranty that is not transferable or assignable to subsequent purchasers and will leave the homeowner without a remedy after the expiration of the 1 year period.
People who have had their homes remediated under these agreements have expressed dissatisfaction with both materials and workmanship. Unfortunately, the "Scope of Work" in these agreements, if it exists at all, is vague and ambiguous and does not provide for an adequate remediation. In many cases, builders are reinstalling the same cabinetry, plumbing components and electrical fixtures that were already subjected to the toxic fumes emitted from Chinese drywall. When builders do bother to replace materials and appliances, they are often cheaper, and of inferior quality. Many builders are taking an unreasonable amount of time to begin and complete the remediation.
Parker Waichman Alonso LLP is currently offering free consultations to any homeowner who was coerced by a builder to enter into such a one-sided, unfair agreement. Consultations are available through our website at www.yourlawyer.com, by calling 1-800-LAW-INFO (1-800-529-4636), or through our Florida office directly at (239) 390-1000. If you or someone you know has been victimized by a builder in this way, we urge you to contact us immediately to protect your legal rights.
About Parker Waichman Alonso LLPParker Waichman Alonso LLP is a leading products liability and personal injury law firm that represents plaintiffs nationwide. The firm has offices in Florida, New York and New Jersey. Parker Waichman Alonso LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective products, drugs and medical devices. We represent plaintiffs in both class action and individual lawsuits.
For more information on Parker Waichman Alonso LLP, please visit: www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).
CONTACT: Parker Waichman Alonso LLP 27399 Riverview Center Boulevard Bonita Springs, Florida 34134 (800) LAW-INFO (800) 529-4636 info@yourlawyer.com www.yourlawyer.net/drywall
Exposure to fumes from defective Chinese drywall may be linked to very serious health issues. People living with Chinese drywall already know that the fumes the material emits may be causing eye irritation, as well as sinus and respiratory symptoms. But in the long-term, the health effects of Chinese drywall may be even more severe.
Our Chinese drywall lawyers are investigating reports that some Chinese drywall imported to the U.S. was made with phosphogypsum, a radioactive phosphorous substance. It is estimated that 80% of Chinese drywall firms make the material with phosphogypsum. A recent LA Times investigation found that at least four Chinese firms imported drywall made with this radioactive substance in 2006. Most firms wouldn't comment on the use of phosphogypsum in the drywall they sent to the U.S., so it is likely that the number of Chinese companies that did so is much higher than four.
Phosphogypsum is a waste product that results from the processing of phosphorous ore into fertilizer. Phosphogypsum contains uranium and radium, both radioactive elements. Radium is particularly dangerous because over time, it becomes radon. Radon is a radioactive gas that is linked to lung cancer. Concerns over the health consequences of phosphogypsum prompted the Environmental Protection Agency (EPA) to ban it from use in construction in 1989.
If you believe your home was built with Chinese drywall, your family could be in real danger. We urge you to contact one of our Chinese drywall lawyers right away to find out how we can help with this dangerous situation.
Health Issues from Short-Term Exposure to Chinese Drywall
Homeowners nationwide have experienced significant property damage as a result of the gases emitted from Chinese drywall. Gases from the Chinese drywall produce a "rotten eggs" odor that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode.
In the spring of 2009, the EPA published results of tests it conducted comparing Chinese-made drywall to American-made drywall. According to the agency, Chinese-manufactured drywall contained elevated levels of strontium sulfide, as well as several organic compounds associated with the production of acrylic paint that were not present in samples of U.S.-made drywall.
People living with Chinese drywall have reported a variety of symptoms. These include:
- acne
- asthma attacks
- bloody nose
- breathing difficulty
- coughing
- dizziness
- fatigue
- gastrointestinal problems
- headaches
- irritated eyes
- nausea
- rashes
- sinus problems
- sore throat
At a Senate hearing to discuss the Chinese drywall problem in May 2009, an official from the Consumer Products Safety Commission (CPSC) testified that some CPSC investigators had experienced some of these symptoms when visiting affected homes in Florida. At the same hearing, a Centers for Disease Control (CDC) official said that symptoms experienced by affected homeowners were similar to those found when sulfur compounds have contaminated industrial settings.
Possible Health Issues from Long-Term Exposure to Chinese Drywall
There is concern that long-term exposure to Chinese drywall could bring people into contact with the cancer causing gas, radon. That's because radium that may be in some Chinese drywall will eventually decay and become radon gas.
Unlike the U.S., China has no restrictions on the use of phosphogypsum in construction, including in drywall. What's more, the material is cheap and plentiful in that country. It is estimated that some Chinese drywall manufacturers are now using 50% phosphogypsum as a base for drywall, others as much as 100%. While phosphogypsum is banned for use in construction in the U.S., there is no one authority responsible for ensuring that imported drywall meets American standards. Chinese drywall is not even tested before it enters this country.
According to the EPA, radon is the number one cause of lung cancer among non-smokers. Overall, radon is the second leading cause of lung cancer, and is responsible for about 21,000 lung cancer deaths every year. About 2,900 of these deaths occur among people who have never smoked.
According to the EPA Website, two studies - one conducted in North America, and another in Europe - show definitive evidence of an association between residential radon exposure and lung cancer. These two studies combined data from several previous residential studies, and according to the EPA, go a step beyond earlier findings.
According to the EPA, these studies confirm the health risks from residential radon that were predicted by occupational studies of underground miner’s who breathed radon for a period of years. Early in the debate about radon-related risks, some researchers questioned whether occupational studies could be used to calculate risks from exposure to radon in the home environment. “These findings effectively end any doubts about the risks to Americans of having radon in their homes,” said Tom Kelly, Director of EPA’s Indoor Environments Division. “We know that radon is a carcinogen. This research confirms that breathing low levels of radon can lead to lung cancer.”
Because of the possibility that Chinese drywall may have been made with radon-producing phosphogypsum, it is important that anyone who had a house built during the U.S. housing boom try to determine if it was built with Chinese wallboard. Even if the drywall is not causing problems now, it could expose your family to deadly radon gas in the years to come.
Chinese Drywall In Canada
Canadian homeowners in British Columbia's Lower Mainland have also complained of problems with Chinese drywall. In May 2009, various Canadian media outlets reported that about a dozen homeowners in Metro Vancouver had experienced health problems caused by the drywall. The complaints were reportedly coming from Surrey, Richmond, Burnaby and West Vancouver.
Published estimates said as much as 929,000 square meters of Chinese drywall arrived in Canada through Vancouver between 2001 and 2007. In addition to lower British Columbia, some Chinese drywall may have been shipped to Canada's Prairie Provinces and as far east as Toronto.
Legal Help for Victims of Chinese Drywall Health Issues
If your house was built with Chinese drywall, the health of your family is at risk. Even if you are not experiencing any health problems right now, phosphogypsum in the drywall could be a ticking bomb. Over time, the Chinese drywall in your home could eventually expose you and your loved ones to cancer-causing radon gas.
Our Chinese drywall lawyers are already representing hundreds of homeowners against the manufacturers of this potentially deadly material. To discuss the legal remedies available to you, please fill out our online form or call 1-800 LAW INFO (1-800-529-4636) to discuss your case with one of our Chinese drywall lawyers.
Other Important Info
10/29/09 Executive summary of October 29, 2009 Release of initial Chinese drywall studies — Click Here
National Training and Certification Conference on Chinese or Defective Drywall Click Here
FINAL ASTM committee formed for Defective Drywall Inspections Click Here
A viable solution to the Chinese drywall crisis Click Here
Conference Registration Sponsor Exhibitor Applications Click Here
Conference Announcement Click Here
Facts on Remediation of Chinese Drywall Click Here
Chinese drywall Certification coming to Orlando Click Here
BESI Membership Registration Form Click Here
Building Trend Magazine Article Click Here