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Chinese Drywall Problems

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.

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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

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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.

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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. [click to continue…]

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The Chinese drywall problem officially began with a few complaints lodged in Florida in December 2008.   Homeowners reported foul odors in their newly built or remodeled homes, minor respiratory problems and corrosion problems with air conditioning system coils and tubing, bathroom fixtures and electrical outlets.  Some homeowners reported leaving their homes due to the pervasive rotten egg smell.

However, complaints had been trickling in to Florida’s Department of Health since June 2008 of “rotten egg” odors in homes and it is now known that a few builders had quietly replaced corroding metal systems in some homes before the first public complaints were lodged.

By January 2009 the focus was on drywall installed between 2006 and 2008 and problems seemed to originate with unusually large shipments of drywall imported from China during 2004-2006.  A boom in construction of new homes in Florida led to shortages of domestically produced drywall and a corresponding increase in the price of dwindling U.S. supplies.   The problem was exacerbated in 2005 when Hurricane Katrina devastated New Orleans and the Mississippi Coast quickly followed by Hurricane Rita’s extensive damage in Louisiana and Texas.

In 2005 two million pounds of Chinese manufactured drywall was imported into the U.S.   By 2006 imports had grown to 500 million pounds and the product had been shipped to more than fifteen cities in the U.S.  The Chinese drywall problem in Florida led to class action lawsuits filed in March against the manufacturers on behalf homeowners and to suits filed against builders who then filed against installers.

Forensic investigations in January 2009 discovered the sulphur contained in drywall imported from China was 20 times the amount present in domestically produced sheetrock.  Complaints from homeowners in Florida were growing in number and were also rising rapidly from New Orleans and the Gulf Coast where many homes rebuilt following Hurricane Katrina were found to have used defective imported drywall.  In March, media reports of the growing problem focused national attention on the problem.

Inspections of homes in Florida in March 2009 led to a cooperative effort of the CPSC, EPA and CDC who held a joint meeting on April 14, 2009 to design a federal action plan to compare the substances contained in domestically produced drywall as compared to contaminants potentially leading to a problem with Chinese drywall imports.  Requests were sent to China for information about the mines where gypsum was produced.  In addition, builders were asked to provide samples of damaged materials they had replaced in affected homes with a deadline for submission of September 30, 2009.

With reports of problems rising monthly, on June 15, 2009 the Judicial Panel on Multidistrict Litigation ruled that cases involving contaminated drywall would be sent to the Eastern District of Louisiana with Judge Eldon E. Fallon presiding.

By July 2009, 608 reports of Chinese drywall problems had been received from a total of 21 states.  Florida, Louisiana and Virginia reported the highest number of complaints.  By mid-September the number of complaints had jumped to 1174.   Only a portion of the imported sheetrock was contaminated but the high tonnage received in 2006 is expected to yield increased reports of Chinese drywall problems for some time.

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