Articles Posted in Chinese Drywall

Per a federal MDL Panel, the pre-trial court matters for the Chinese drywall class action lawsuits being filed on the behalf of American consumers will be handled in the United States District Court’s Eastern District court in New Orleans, Louisiana. The Panel ruled, in this case, to have New Orleans be the central area for all pre-trial motions and issues relating to the cases of Chinese drywall in an effort to consolidate the matter before a single judge so there is no conflict over different judicial decisions relating to what may be included in evidence, etc. With all of the case issues being handled exclusively in New Orleans before court proceedings resume in the original jurisdictions where the cases were filed, new attention may come to the plight of those home and property owners with Chinese drywall that live in this area.

Per The Times-Picayune

A panel of federal judges ruled today that class action suits filed around the country against Chinese drywall manufacturers will be docketed in New Orleans.

In previous entries, this blog has referred to materials manufactured in China erroneously as sheetrock. The term ‘sheetrock’ is actually a trademarked term for the United States Gypsum Company and refers to plaster wallboard manufactured by their company exclusively. As USGC does not create or manufacture wallboard in China, we have since edited our entries to convey this difference.

In a followup to the Chinese drywall legislative bill going through the Louisiana state government previously discussed here, the piece of legislation has been sent down to committee again for review. The Associated Press writes

The Senate diverted legislation dealing with Chinese-made building materials, which has been implicated in health problems, to a second committee hearing.

Several federal and state agencies, including the Centers for Disease Control and Prevention, are investigating complaints that Chinese drywall is causing health problems. There also are reports that fumes from the drywall corrode metal and cause a rotten-egg stench in homes.

With all the health symptoms of Chinese drywall exposure and the damage this faulty wallboard has caused to homes and properties, those affected have been quick to look for a solution that can help them return to a life of normalcy. The recent developments, catalogued on this blog here, have shown several different rays of hope might exist for those involved as state and federal government officials have taken on the issue to help those affected. However, a speed bump has developed that seems to be slowing down progress for now.

A spokesperson with the American Insurance Association told BradentonHerald that insurance companies in many states have received claims regarding Chinese drywall damage, but could not say how many. The spokesperson also said most so far have come from states where high humidity is prevalent – such as Florida.

According to one Florida attorney handling drywall cases, insurers are rejecting claims “across the board,” BradentonHerald.com said. However, the lawyer said he still recommends that people with Chinese drywall damages file a claim with their homeowner’s insurance carrier so that the company has notice that the material is in the home.

A recent Times Picayune article profiles the effects the recent Chinese drywall dilemma have caused residents of New Orleans in this time of great stress. Brought in by the millions, the drywall was used steadily in the wake of Katrina with an unknown number of local residents having it installed in their homes. As time progresses, however, more individuals are finding out the toll having this wallboard used is causing them:

Consumers, such as Jennifer Belsom, whose homes are lined with noxious Chinese drywall are angry, helpless and embittered. The tainted drywall has sickened their families and corroded their appliances, yet few sources of help have emerged to help them tear it out of their homes.

Insurance companies have denied their claims. Builders will not return their calls. Their mortgage lenders offer no reprieve if they want to move out of their house to escape the potential health threat. In the absence of a federal disaster declaration, they cannot obtain a rental voucher or a Small Business Administration loan to help with repairs.

In an effort to share ideas and strategies on the Chinese drywall issue, lawyers from across the country are meeting in Florida to discuss this matter. Aaron Kessler of the Herald Tribune reports

Attorneys from all sides of the tainted Chinese drywall issue descended Thursday on Orlando for a two-day conference dedicated to the growing problem — now apparently international — and the lawsuits stemming from it.

The conference, sponsored by HarrisMartin Publishing, drew more than 200 attorneys — bringing together everyone from those representing struggling homeowners to builders and insurance companies to drywall manufacturers themselves. High-powered class action lawyers traded jibes with their counterparts on the defense side — some good-hearted, some not so gentle — and all wondered just how the drywall issue would ultimately get resolved.

In a move intended to open the door for home and property owners to use the judicial system to remedy damages incurred by the use of Chinese drywall in their recent constructions or renovations, the Louisiana legislature is opening up the avenues for lawsuits against those who brought the faulty wallboard to the state.

In an article featured by the AP, the state legislature’s efforts are detailed as residents begin to move forward and past this building disaster

Chinese drywall products that some people blame for health problems, unpleasant odors and material damage in homes where it is used is the subject of legislation coming up for debate in the Louisiana Senate.

While much to do has been made of the potential health problems associated with exposure to Chinese drywall, experts have begun looking into the issues caused by the use of these materials. Gary Rosen, Ph.D., has tendered a study on Chinese drywall that exposes the structural side of these building materials and certain items are worth noting. His Q&A regarding Chinese drywall answers several questions about the wallboard and exposes problems that might not be immediately considered.

First, the identification of Chinese drywall can help home or property owners in their pursuit of answers. According to Rosen, “All US drywall has special markings on the edge tape. If there is no writing on the edge tape indicating an American brand, or the edge tape is generic looking either clear/milky plastic, or plain white paper this would rule out American drywall.” As such, because of the specific labeling of U.S. drywall, that wallboard that stands out as without these elements should be looked into further. One brand of problematic drywall, Knauf brand, has the name ‘KNAUF’ stamped on the back. It is important to note, however, that NOT all Chinese drywall is considered problematic but, rather, has been ISO approved, such as the BNBM drywall from Beijing.

Because of the variance that has been found in the test results of drywall considered problematic, Rosen avoids declaring Chinese wallboard a public health hazard just yet but focuses, instead, on the danger and dilemma created by the use of the material in construction. While he remains inconclusive on just how damaging the drywall may be to electrical fixtures and metal elements, Rosen, on the topic of replacing ‘good,’ non-harmful drywall used around the Chinese drywall, does state “no doubt removal of the drywall and replacement with new is the best approach.”

In a test report produced by the EPA, gases and materials toxic to humans were found within the Chinese drywall tested

The EPA did announce earlier in the week that samples of Chinese drywall contained elevated levels of sulfur, strontium, and organic material, reports the Miami Herald. This confirms the results of testing already conducted for the State of Florida at an independent Illinois laboratory, as noted by Coastal Connection on April 15th.

This test demonstrates that the federal government is now fully knowledgeable of the issues involved and that the pre-cursor test done in April has been verified. If you have or believe there to be Chinese drywall in your home, contact your builder and the Berniard Law Firm immediately to have experts handle your case properly. Delays in doing so can only be detrimental to your health and case and it is inherently important you utilize experts like those used by the Berniard Law Firm to handle your Chinese drywall case.

In some absolutely non-shocking news, the chair of the Consumer Safety Commission has stepped down in the wake of the Chinese Drywall disaster.

Nancy Nord, the acting chair of the Consumer Product Safety Commission who has been blasted in recent months for her handling of the tainted Chinese drywall issue, will be handing over the reins to fellow commissioner Thomas Moore next week.

Moore will take over as acting head on June 1 until a new chair can be confirmed by the Senate. In a statement, Nord said she plans to keep her position as commissioner until the end of her term in 2012.