The combined federal Chinese drywall trials taking place in Louisiana are expected to produce far-reaching implications. The initial trial was aimed at shaping the proper cure for homes affected.
We reported earlier on an article by The Herald Tribune that noted two critical issues that involve measures which were once thought adequate to play a role in curing homes. The severance of wiring when exposed, and the usage of vacuums to remove drywall particles after removal.
In a recent article we explained how snipping off exposed wires was previously and incorrectly thought to be an effective solution with regard to that component. Lennar Corp. has reportedly taken heed of the opinions of experts on the matter and no longer uses this method when addressing affected homes.
The other issue, the focus of this article, is the removal of “traces” of drywall particles (and the smell it left behind) after a home is “gutted.” (Note: Gutting refers to the removal of all components in the home that have been contaminated or affected by defective drywall).
Ray Philips, an executive officer with home builder Beazer Homes, noted that his company’s approach was that vacuuming the home was not enough. His company has resorted to using pressure washing homes before rebuilding them. Other scientists elaborated; there needs to be a step that goes above and beyond merely vacuuming in order to remove all particles and possible contamination.
The Herald Tribune recently reported on a visit to a Lennar home. Read the article here for a description of that visit.
The consolidated Chinese drywall trials in the Eastern District of Louisiana are expected to produce significant results. The first trial was aimed at determining what the proper cure for homes affected should be.
The case wrapped up recently, but more are to follow. That initial case, which involved seven Virginia homeowners, ended with the consensus that the most effective solution should entail some form of “gutting” the drywall and all components that may have been contaminated.
The Herald Tribune reported that two crucial issues arose which are problematic for one builder that has allegedly used Chinese drywall in its homes. That company is known as Lennar Corporation, a builder based in Miami, Florida.
- First – the focus of this article – insulated wiring was shown be prone to damage in some instances, and the practice of “snipping off” ends of exposed wiring is insufficient.
- Second – see our follow up article here – it appears as if merely vacuuming to rid a home of particles left from Chinese drywall after removal is NOT an effective solution according to some experts.
Lennar began addressing homeowner concerns quite some time ago – over a year according to the Herald Tribune. The corporation asserted that they could effectively prevent damage to insulated electrical wiring by simply cutting off ends of wiring exposed. Scientists explained that this method has been shown to be ineffective.
At the recent proceeding, there was testimony from scientists that pointed to cases where wiring was damaged. Perphaps even more damning at the trial, was that scientists who were NOT witnesses of the plaintiff’s attorneys even testified that insulated wiring was not safe from Chinese drywall contamination.
If you have been following the Chinese drywall crisis over the past several months (or years), you may be familiar with Lennar Corp.’s housing development. The development was reported to be a possible Chinese drywall example about a year ago. According to reports, a few dozen homes were constructed with Chinese drywall.
Numerous news outlets have reported that at least 10 people with Chinese drywall in their homes have died. The question is: does this have anything to do with the tainted drywall, or just a coincidence?
Up to this point, researchers have found no reason to believe that toxic drywall can lead to death. Instead, the 10 deaths were among older people, as well as children, who were dealing with preexisting conditions.
Senator David Vitter of Louisiana wants to make sure that the deaths are not linked to Chinese drywall. For this reason, he has requested that the U.S. Consumer Product Safety Commission, conduct a thorough investigation.
Vitter said, “This just came to my attention in the past week, so I immediately wrote to the appropriate government agency. Clearly, I think, on the face of it, those cases demand a really careful and thorough examination. We don’t know as we speak, whether Chinese drywall caused those deaths or not, and I’m not saying they did, and I don’t wanna alarm people, but we sure as heck need to look at those very serious cases.”
All of the deaths were in Louisiana and Florida.
Although researchers have shot down the idea that Chinese drywall has caused any of these deaths, hopefully additional information will come from future investigations.
Day in and day out, Chinese drywall stories are published online and read by thousands upon thousands of people. It can be difficult to keep up with all of them. That being said, there are some that you absolutely want to read. Those listed below should be on your “do not miss” list:
1. More Chinese Drywall Lawsuits Set for Trial
Next week starts the trial for a lawsuit involving several Manatee County homes. Taylor Woodrow and Taylor Morrison Homes are suing Scottsdale Insurance Co. declaring that the insurance company should cover the cost of replacing Chinese drywall.
2. Drywall evidence presents dilemma for Lennar Corp.
Florida-based home builder, Lennar Corporation, began remediating homes about a year ago claiming that they had found a way to fix the homes that contained the defective Chinese drywall. However, two factors during the trial could present a dilemma — insulated electrical wiring and the ineffectiveness of vacuuming to remove drywall particles.
3. How to Take the Stress Out of Replacing Chinese Drywall
So your home has tainted Chinese drywall and you are not sure what the next step is? Environmental Protection Online has a few tips to help you get started.
The federal litigation that was held in the Eastern District of New Orleans – aimed at determining what it takes to fix homes damaged by defective drywall – wrapped up recently. While the detailed ruling is expected soon, other suits are taking place.
The Bradenton News source reported that a lawsuit is heading to trial soon, which involves four Florida (Manatee County) houses. The trial is expected to begin next week.
In the suit, home builders are suing an insurance company. Specifically, Taylor Woodrow Homes and Taylor Morrison Homes, have filed suit against Scottsdale Insurance Co. The builders are asserting that the insurance company ought to bear the burden of paying for the costs associated with replacing the problematic and dangerous drywall. The subdivisions in question are known as Aberdeen, Crystal Lakes, Oakley Place, and Greenbrook.
Hundreds of cases have been consolidated into part of the federal proceedings in New Orleans. An initial trial just wrapped up that involved seven Virginia homeowners. Around the corner, on March 15, a family from Louisiana is scheduled to begin trial against a Chinese owned entity/manufacturer.
While these cases are heading to trial, and homeowners across the nation are watching closely, federal authorities also have their hands full. Some key agencies that have investigated Chinese drywall allegations include the Consumer Product Safety Commission and the Environmental Protection Agency. (CPSC and EPA). Testing was performed to determine whether the drywall was causing reported symptoms. After lengthy studies that are still ongoing, it seems clear that there are at least elevated levels of some dangerous compounds in tested samples.
It goes without saying that Chinese drywall has destroyed thousands of homes from Virginia to Florida to Louisiana and many places in between. But if you have not been personally hit by this disaster you may not realize just how much of an effect it has on homeowners.
WDBJ7.com recently ran a story on this problem: Chinese drywall destroying homes and lives in Virginia. The title says it all. Not only is Chinese drywall destroying homes, but it is taking down many people in the process.
To this point, there are hundreds of families in Virginia alone who have been chased out of their home due to Chinese drywall; most of them are between Williamsburg and Virginia Beach.
Recently, Governor Bob McDonnell appointed a task force that will attempt to work with the federal government to help the many Virginians who have been affected.
Newport News Delegate Glenn Oder sums up this story by saying, “It’s not just the sheetrock in their home. It’s not just the heat and ventilation systems. They’ve lost their furniture. They’ve lost their appliances. They’ve lost their computers. They’ve lost their clothes. They are homeless and nobody has stepped up to help them yet.”
The multi-district litigation, which was held in The Eastern District of Louisiana, has wrapped up. The purpose of this initial trial was to answer the threshold question on the minds of thousands of homeowners, builders, and officials alike: what is needed to fix Chinese drywall-laden homes?
Homeowners at the trial, including seven from Virginia, expressed how the defective drywall had devastating effects upon their homes, lives, and finances. Experts including scientists and building engineers acknowledged that it would take expensive and time consuming work to fix a home with Chinese drywall problems.
The Hearld Tribune has reported that Judge Eldon E. Fallon is expected to give a detailed ruling sometime within the next couple of weeks. The ruling will address issues including the breadth of remediation. The decision will have great implications on other affected families and homeowners throughout the country. Additionally, a monetary judgment will likely ensue in the future against manufacturer Taishan Gypsum. Taishan did not participate in the proceedings.
One overlooked aspect of the importance of this trial as a whole, may be the nature which Chinese controlled Taishan handled the allegations. The entity did not participate in the trial. Chinese consumer products have turned into an American mainstay in the markets. When those products are defective – or worse – dangerous, it seems that an adequate process of obtaining remedies from China ought to be in well established and ingrained in our “system”. That issue is a monster of its own, beyond the scope of this article. Expect articles on that subject in the near future.
The Consumer Product Safety Commission (CPSC) has seen complaints flow in surrounding toxic Chinese drywall from numerous states and even the District of Columbia; but some states specifically have been hit the harder than others.
WDBJ7 News recently reported on the devastation Chinese drywall has caused homeowners in Virginia. Other states suffering more-so than others include Louisiana, Florida, and Alabama among others.
According to WDBJ7, more than 100 families in eastern Virginia allege that Chinese drywall is causing them to “[live] a nightmare…”
One homeowner that was interviewed by the above news source elaborated on the symptoms she first noticed. She mentioned that as soon as her family vacated the Chinese drywall laden home, her young child immediately ceased to experience bloody noses. While living at the residence, the young child suffered almost constant nosebleeds.
The primary area that seems affected the most is in southeastern Virginia. Specifically, there are about 150 families who have alleged defective drywall is ruining the atmosphere within their homes. Williamsburg to Virginia Beach seems to be the main region that has been sourcing complaints.
Some Virginia families were plaintiffs in a multi-district litigation process held in the Eastern District of New Orleans. In that trial, Judge Eldon Fallon presiding, and set to determine what the costs will be to fix these affected homes. The trial is important and will have far reaching impacts upon other harmed families, looking to the trial for guidance and how the courts will handle their cases. The case resulted in a finding that the proper way to fix a home affected is to “gut it” – this entails removing all components possibly contaminated.
It has been well documented that Chinese drywall can lead to many health problems, particularly with the respiratory system. But now there are talks that this tainted material may be responsible for several deaths.
A recent story by WPTV.com states that there are nine deaths associated with homes that were built with Chinese drywall. Of course, this leads to the million dollar question: did the Chinese drywall have anything to do with the deaths? Or was it simply a coincidence?
Scripps Howard News Service reported that five of the deaths were in Louisiana, with the other four in Florida.
At this time, the Consumer Product Safety Commission is maintaining their stance that there is no direct link between Chinese drywall exposure and death. That being said, they are closely examining each case to determine if the tainted drywall was at all responsible.
This is a developing story that needs to be watched closely – especially among those who have lived amongst Chinese drywall in the past.
As the Chinese drywall crisis has spun out of control (in the sense that thousands of homeowners have brought forth complaints to federal authorities), the media is finally taking notice. More importantly, lawmakers are as well. News source FinanzNachrichten.de, reported that President Barack Obama’s head trade official was addressed by two senators today, in an attempt to seek solutions for their constituents.
Florida has been particularly hit hard, sourcing many complaints from residents. Some areas are even asking for a declaration of a “State of Emergency” as we recently reported. Senator Bill Nelson spoke to U.S. Trade Representative Ron Kirk on the need for China to own up for the damage it has caused by exporting the defective drywall at the center of the multi district litigation in U.S. District Court.
Nelson stated, according to the above source – “You’ve got thousands of homeowners, who, through no fault of their own, are financially in a deep hole as a result of having bought a house that they now can’t live in or they live in at the peril to their own health.” He also stated, “The government in China has to be responsible because they’re the ones who allowed that defective product to be exported … We need the U.S. government slamming its fist on the table in dealing with the Chinese.”
In response to Senator Nelson’s remarks, Ron Kirk responded that the Executive branch and the Obama team is utilizing various agencies as a “holistic” way to figure out solutions to problems associated with Chinese trade.
Not far from many American consumer’s memories are horrid experiences involving toxic toys and other products from China. While as a nation, the U.S. has benefited from the costs saved with discount imports, it may be time to reassess the economic relationship and attempt to refine it, so that the American consumer is not left hung out to dry.
