Dec. 9, 2009 – The early December deadline to join in the Omnibus Complaint in the Chinese drywall MDL litigation may have passed, but it’s not too late to file a claim for Chinese drywall problems.  While those who met the deadline may get a faster resolution of their claim than those who file later, the court is still accepting cases for people with Chinese drywall claims.  People with Chinese drywall problems can still get a home inspection, and a free Chinese drywall lawsuit review, by calling the Chinese Drywall Attorney Alliance at 1-800-509-5357.  Another way to get help is to complete the Chinese drywall lawsuit review form on the Chinese Drywall Attorney Alliance website (www.ChineseDrywallAttorneyAlliance.com).  The law firms of the Chinese Drywall Attorney Alliance (a multistate alliance of law firms for people with Chinese drywall problems) includes lawyers licensed to practice law in Florida, Alabama, Mississippi, Louisiana, Texas, Virginia and many othre affected states.

If Chinese drywall is making your house smell like rotten eggs and your plumbing and wiring is corroding, the most practical and proven way to tackle the problem is to hire an attorney to file suit to recover damages for your Chinese drywall problems. Right now there is a large Chinese drywall MDL lawsuit filed in federal court in Louisiana for property owners nationwide.  The MDL lawsuit is going forward in at a rapid pace against an importer of Chinese drywall, and the judge in the MDL has the power to actually award a judgment that would provide people who have joined that litigation with compensation to fix their houses, if the law and the evidence warrants such a judgment.  This same federal judge, Edward Fallon in New Orleans, recently presided over similar MDL litigation alleging that the drug Vioxx had caused injuries and death to people all over the U.S.  That MDL case reached a global settlement for $5 Billion dollars in Judge Fallon’s court.

If you have Chinese drywall (also called ” Chinese sheetrock “) in your home or business, we strongly recommend that you hire a lawyer now.  We will go so far as to say the lawyer you hire doesn’t even have to be a member of our group, the Chinese Drywall Attorney Alliance.  We are confident that we can do a good job representing you, but if you are a person who has a lawyer who normally reprsents you, and you have confidence in that lawyer but haven’t yet talked with him or her about Chinese drywall–what are you waiting for?  We believe that politicians have (rightly) seen Chinese drywall as a serious issue that is upsetting and damaging to homeowners in their districts, and they have rightly called on the CPSC to investigate.  But the well-established method for a person to recover damages caused by the wrongful act of another is to file a lawsuit, and the court has the ability to calculate your damages and award you money to replace your damaged drywall, plumbing, electrical and other building materials.  Courts do that sort of thing every day.  Don’t wait until your claim is among the last claims to be filed.  Go ahead and call us for a free consultation at 800-509-5357 or send in a free case review form.  Neither the phone call nor the case form impose any obligation on you.  We will send an inspector to determine if your home has Chinese drywall and, if so, we will file suit for you in the Chinese drywall MDL.  Of if you have a different lawyer you want to consult about this, please do yourself and that lawyer both a favor, and do so today.

Oh, and just so you can keep up with some of the latest information provided by the CPSC, here are some links:

Press Statement on Corrosion in Homes and Connections to Chinese Drywall, November 23, 2009

Interim Report on the Status of the Analysis of Electrical Components Installed in Homes

IEQ Assessment Residences Containing Chinese Drywall

Status Report on the Preliminary Analysis of HVAC, Gas Distribution, and Fire Safety

Mike Evans

The Chinese Drywall Attorney Alliance is urging anyone with Chinese drywall problems to contact a lawyer as soon as possible, even if it it’s a lawyer who is not a member of the Chinese Drywall Attorney Alliance.  “The situation is too important for people to delay seeking legal help,” said Chinese Drywall Attorney Alliance lawyer Mike Evans.  If people want to contact our multistate group of law firms, they can call us free-of-charge at 1-800-509-5357, or use our free case review form.

Attorney Carroll H. Ingram said, “The MDL court in the Eastern District of Louisiana has recently entered an Order memorializing an agreement among the Plaintiffs’ Steering Committee and Counsel for Knauf GIPS in Germany to accept service of process for an Omnibus Complaint to be filed on or before December 9, 2009.  This is a very important event in the process of this MDL.  To comply with the Court’s Order, all claims that can be included in this Omnibus Complaint should be submitted for inclusion no later than December 2, 2009.  That means that any potential claimant who believes their home or building was built using sheetrock that was made in China should immediately contact an attorney who can help to protect their legal interests.  Time is of the essence.”

Ingram is a partner in the Hattiesburg, Mississippi law firm of Ingram | Wilkinson, PLLC, which represents a number of clients who are filing claims in the Chinese drywall MDL litigation.  Ingram | Wilkinson was one of the founding law firms of the Chinese Drywall Attorney Alliance, a multistate coalition of law firms which have joined forces to represent people who have homes or buildings contaminated with toxic Chinese drywall.

Attorney Jennifer Wilkinson, also a partner in the Ingram | Wilkinson, PLLC law firm, said, “We are asking that all potential claimants contact us no later than November 27, 2009 for possible inclusion in the December 9, 2009 Omnibus Complaint.  If contact is made after November 27, 2009, we cannot be certain that the appropriate inspection and processing can take place prior to the court-ordered deadlines.  At this time, inclusion in the Omnibus Complaint is the best way to protect any legal interests claimants may have against the German company, Knauf GIPS.”

“Although the Chinese Drywall Attorney Alliance plans to continue accepting clients and filing Chinese drywall claiims after the December 9 Omnibus Complaint, if people contact a lawyer now so they can be included in the Omnibus Complaint, that is almost certainly the fastest way to get a resolution of a potential Chinese drywall claim,” Evans said.

We get questions from time-to-time about how a person can determine whether they’ve got Chinese drywall in their house. One of the most-telling symptoms is the smell of rotten eggs, caused by sulfur fumes coming from the Chinese drywall.  These sulfur fumes also cause corrosion of metal in the house, such as plumbing, wiring, and air conditioner coils.  Another hint is, if you live in a condominium or development and have neighbors with Chinese drywall, you may have it, too.  But the definitive way to determine whether you have Chinese drywall is to have your home inspected by a qualified inspector.  The Chinese Drywall Attorney Alliance is offering to inspect homes of clients and, if no Chinese drywall is found, the client owes no money.  If the presence of Chinese drywall is confirmed, your claim will be filed in the fast-track Chinese drywall MDL litigation in New Orleans.  If we do not collect money for you, we do not charge a fee or expenses.

One thing a home inspector looks for is access to the back of the drywall to see if there are markings that identify the drywall.  Some Chinese drywall has the word “Knauf” on the back. You can arrange for a prompt home inspection by calling the Chinese Attorney Alliance at 1-800-509-5357 or by filling out our free Chinese drywall case review form.

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Demolished Chinese Drywall

Important Chinese Drywall Lawsuit Update Nov. 3, 2009 – The New Orleans Times-Picayune, reported Nov. 3 that Knauf Plasterboard Tianjin Co. Ltd., one of the major manufacturers in the case, has made a one-time offer that homeowners who sign up for the omnibus class action by Dec. 2 and show pictures or other proof that they have KPT drywall in their homes won’t have to pay $15,000 to serve the company in China through the Hague Convention, according to an order issued in the MDL lawsuit in New Orleans Monday. The offer applies only to the MDL, not individual cases.

This order will reduce the time and cost involved in pursuing a Chinese drywall lawsuit.

The Dec. 2 deadline for filing is a hard deadline, because those homeowners will be incorporated into the master complaint over Chinese drywall that will be filed Dec. 9. The omnibus complaint will not be amended at a later date to add more people. Plaintiffs who are signing up also must complete a profile form by Dec. 14.

People who miss the deadline will still be able to file a lawsuit for damages caused by toxic Chinese drywall, but will miss a great chance to try to obtain a quick result in their case. CONTACT US NOW TO SCHEDULE A FREE HOME INSPECTION. 1-800-509-5357. JOIN PEOPLE WHO ARE IN LINE TO BE THE FIRST TO RECEIVE RELIEF FROM THEIR CHINESE DRYWALL PROBLEMS.

Organizers of a Dec.5 rally for homeowners with defective Chinese drywall have hit on a unique way to help pay for the rally, while at the same time making their point, according to an Oct. 28, 2009 Ft. Meyers News-Press article.   They’ve opened the Official Toxic Drywall Store, where you can buy items bearing a skull and crossbones and the slogan: “got toxic drywall? a headache that just doesn’t go away …”

There are T-shirts, tote bags, bumper stickers, even shoes, said Brenda Brinku of Alva, an organizer of the rally from 11 a.m. to 2 p.m. at the Shell Factory in North Fort Myers.

The purpose is to network, provide practical help and “to get our message out to congressmen that we’re serious. We need help now,” Brinku said.

The rally is focusing on children affected by sulfur compounds emitted by the drywall. “We’re concerned about our children’s health,” she said.

Lt. Gov. Jeff Kottkamp, whose North Fort Myers home has chinese drywall, has pledged to be at the rally.

Click here to view the embedded video.

The Associated Press is reporting that China is helping American officials investigate reports of contaminated Chinese drywall after thousands of American homeowners complained the toxic Chinese drywall made them sick or damaged their houses.

An October 23, 2009 article in the Palm Beach Post describes one of the home inspections ordered by U.S. District Judge Eldon E. Fallon in New Orleans.  Judge Fallon is presiding over the Multidistrict litigation involving toxic Chinese drywall.  Judge Fallon has ordered the inspection of thirty homes nationwide.

The Post article describes the plight of Paul and Alli Sirota of Boynton Beach, Florida, whose $700,000 house was built using defective Chinese drywall.  Health concerns drove the Sirotas from their home, but they were present when home inspectors looked for drywall markings or corrosion on electrical outlets, light switches, water heaters and air conditioners.  The inspections do not address health considerations.

The court-ordered inspections are expected to wrap up soon, and the trials could begin as early as January.

Chinese Drywall Insurance Update:  Florida’s largest property insurer, Citizens Property Insurance Corp., will not cancel property insurance on homes with Chinese drywall, according to an Oct. 20, 2009 Sarasota Herald Tribune blog post.  The insurer, which has more than a million policies, has received only about two dozen claims related to Chinese drywall.  Susanne Murphy, an executive vice president for the state-backed insurer, said the company has not paid out any money on the chinese drywall claims.  Murphy said it remains unclear whether Chinese drywall claims will be covered by the insurer.  But Murphy said if the drywall leads to other damage, such as corroded wiring or plumbing, that existing damage may not be covered by a new policy.

On June 15, 2009, in response to a rising tide of complaints and Chinese drywall lawsuits, the Judicial Panel on Multidistrict Litigation ruled that cases involving contaminated imported drywall would be sent to the Eastern District of Louisiana. Judge Eldon E. Fallon of U.S. District Court will preside over MDL Docket No. 2047 which allows the common issues of many claims to be consolidated into one court, sent to another court only for pre-trial proceeding then remanded to the original court for trial. Plaintiff’s attorneys pursue the MDL litigation through a committee of lawyers (PSC) appointed by the court.

Judge Fallon announced on August 12, 2009 that he plans “bellwether” trials on the Chinese drywall lawsuit to begin in January 2010. Bellwether trials are used to present a random sample of mass tort cases to a jury and extrapolate the results to resolve the remainder of cases. The term derives from bellwether sheep where a bell on one animal would help a shepherd locate the entire flock if they wandered.

Profile sheets will speed the discovery process avoiding standard interrogatories that may become mired in procedural delays. The profile sheets will provide 5-6 pages of detailed questions such as date house was built, name of builder, drywall identifiers, corrosion observed, insurance claims filed and more. Judge Fallon asked for a protocol for inspections be designed within two days. The purpose of inspections will be to determine if Chinese drywall was used and, if so, what damage has been caused to the home.

Twelve attorneys were appointed by the court to manage the cases. With subtopics such as discovery, briefing, expert witnesses and coordination between federal and state entities, a total of 50 lawyers nationwide will work on the Chinese drywall lawsuit. Court appointed inspectors from an independent company will initially conduct several hundred inspections. From those results, plaintiffs and defendants will select approximately 20 cases that could potentially go to trial. From the resulting 20 cases, defendants will choose 5 and plaintiffs will pick 5. The court will select 6 cases from those final 10 and those 6 will go to trial in early 2010.

While the selected cases are being tried, home inspections using profile sheets and inspection protocol will proceed for all cases filed. The inspectors will not take health concerns into consideration but will focus on the home construction and document odors, metal corrosion and note drywall markings to determine manufacturers, distributors and supplies.

Inspections began in September 2009. 15 homes in Florida, 8 homes in Louisiana and 7 homes in other states are to be inspected by Crawford & Co. of Atlanta using the protocol approved by the court. One of the Florida homes chosen is in the Cobblestone Creek community in Boynton Beach.

In early 2009, Paul and Alli Siroto hired an independent inspection which confirmed the presence of contaminated Chinese drywall. Last spring, the Sirotos moved out of their $700,000 home.

In the same neighborhood, Heather DeSola and her husband built their home two years ago. Copper has turned black, the A/C unit had to be replaced and the family is experiencing health problems. The DeSola’s oldest son has nose bleeds, both DeSola children have developed respiratory problems, Heather suffers from migraines and her husband has developed severe allergies. The DeSolas also moved out of their home last spring. As many as 45 homes in the Cobblestone Creek area may be included in the Chinese drywall lawsuit.

Judge Fallon is experienced in class action suits and the use of bellwether trials and has expressed his determination to expedite the Chinese drywall lawsuit. Affected homeowners should not have to wait years to go to trial and the speed of litigation may encourage settlements.