You are here: Home / Archives for product safety lawsuits

Toxic Chinese Drywall Problem More Extensive than Initially Reported

May 7, 2012 By

In the first decade of this century, the construction industry across Tennessee, North Carolina and the rest of the U.S. boomed. It was also during this time that millions of tons of sheetrock were imported from China.

According to the Chinese Drywall Complaint Center, it’s estimated over 500 million pounds of drywall (…or sheetrock) containing a variety of toxins were imported. Ordinarily, drywall for domestic construction is manufactured entirely in the U.S.  In response to increased demand though, the import of Chinese drywall began around 2001 and accelerated rapidly following the disastrous hurricanes in 2004 and 2005 (…especially Hurricane Katrina).

By all available evidence, import of Chinese drywall ended in 2007 when the housing boom started to cool.

The damage was done though, especially in homes in the Deep South. Figures show Florida was the hardest hit state but the toxic drywall is considered to be a national problem. Any area with high heat and humidity – which we see plenty of here – can cause the toxic drywall to become a real nuisance, even real danger.

It’s also been reported that homes in Canada may have toxic drywall imported from China as well.

Toxic drywall can be quite noticeable if conditions are right. Laboratory samples have identified emissions of carbon disulfide, carbonyl sulfide and hydrogen sulfide – each are substances that pose tremendous hazards to human health.

These emissions smell like rotten eggs, which is certainly noticeable, and unpleasant.

Homeowners with toxic drywall have reported a variety of health problems, including asthma attacks, chronic coughing, difficulty breathing, chronic headaches and sinus issues.

Corroded A/C Coils

In the home itself, the toxic drywall causes all sorts of issues, many of which are found in copper wiring and components found in electrical wiring, A/C systems and even electronic devices like TVs and radios. Reactions with hydrogen sulfide cause copper components to turn black and powdery.

It’s even been reported that silver jewelry can be ruined by this reaction.

Absent of these reactions, the only way to find out if you have toxic drywall is to tear sections off and look on the other side of the drywall. It’s estimated that toxic drywall from 20 companies was imported into the U.S. between 2001 and 2008. Many of these companies, like Knauff-Tianjin, are currently facing several lawsuits.

If you discover your home has toxic Chinese drywall, it can cost thousands to repair. While some homeowners in Florida and elsewhere have received compensation, the process in quite chaotic, especially considering the lack of federal involvement in the issue.

If you’re looking to purchase a home built between 2001 and 2008, be sure you get a thorough inspection to insure the home doesn’t have toxic Chinese drywall. This is especially important if the home is a foreclosure.

And if you’re experiencing problems in your home and believe it’s due to toxic drywall, click on over to the Chinese Drywall Complaint Center for more information. There you can find sample letters to provide your lender and more about what to look for in your home.

While Tennessee and North Carolina hasn’t experienced the brunt of this problem, there are still many homes in our region that have this toxic substance. If you’ve been adversely affected, contact Tennessee product liability attorneys at Gilreath & Associates to discuss your options today.

Filed Under: Product Failures, Safety Tagged With: , , , ,

Defective Airbags Prove Dangerous for Many Passengers

March 29, 2012 By

When airbags were introduced, car makers and safety advocates hailed it as a seminal moment in vehicle safety, comparing them to the advent of seatbelts in the 1970s.

While airbags have helped reduce the physical impacts of car collisions, they do carry some danger.

Anyone with a newborn is certainly, or at least should be, aware that their child should be seated in the back of the vehicle. If they must sit in the front (…like in a single-cab pickup), the airbag should be disabled. Elderly folks too have to be careful around airbags since the impact of one could prove devastating.

Even though airbags have helped make cars safer, they’ve also proved to be very dangerous in the event they malfunction.

“We’ve seen a lot of cases where the person has a fender bender, the airbag goes off and hits them in the face, and they’ve lost an eye,” explains Raymond Bodiford, senior partner at the Bodiford Law Group in Orlando, Florida.

Below are some of the common malfunctions that can occur with an airbag:

  • Failure to deploy
  • Accidental deployment
  • Late deployment

While many may be familiar with the first two types of malfunctions, the third can pose serious risks as well. Late deployment basically means the airbag deploys after the accident has occurred.

“It can actually cause additional damage because the force of the accident has usually positioned the occupant too close to the airbag at the time it deploys,” explains Bodiford.

One example of defective airbags can be found in Honda vehicles built between 2001 and 2003. Starting in 2008, thousands of Honda vehicles were recalled because of a defective airbag inflator on the driver’s side. This defect was said to have caused 12 injuries and at least one death.

Since the initial recall, Honda has expanded it to include various Accord, Civic, Odyssey, CR-V, Pilot and Acura models. The most recent recall was issued by the company on December 2, 2011.

Most injuries from airbags occur in the chest area since it deploys at over 100 mph. Deploying airbags though can also cause burns. More serious injuries can occur in the neck area if the driver/passenger is of a certain height.

Although rare, deploying airbags can cause fatality. From 1990-2000, over 175 fatalities from airbags were reported by the National Highway Traffic and Safety Administration. The agency though estimates that of the approximately 3.3 million airbag deployments, more than 6,377 lives have been saved and countless injuries prevented.

Filed Under: Product Failures, Safety, Trucking Accidents Tagged With: , , , , ,

Shoulder Pain Pump Injections Pose Devastating Risks

December 16, 2011 By

Injury to the shoulder(s) often result from falls, especially if they were off a ladder or higher up off the ground. To repair the damage, arthroscopic (shoulder) surgery is often used. Following this procedure, the patient will still be in a lot of pain.

While oral medications are used much of the time, direct injection of pain medication through a catheter is sometimes used.

This direct injection method helps provide needed relief from pretty serious pain. However, many patients who have received pain medication through this method claim the injections led to a much more serious condition known as Postarthroscopic Glenohumeral Chondrolyosis, or PAGCL.

PAGCL is characterized by a progressive loss of cartilage in the glenohumeral joint, which connects the arm and shoulder together.

This cartilage cannot regenerate and therefore its loss is permanent, which causes severe pain, discomfort and a life-long disability. Other indications of PAGCL include:

  • Increased shoulder pain both when resting and moving
  • More stiffness in the shoulder
  • Clicking, popping and grinding in the shoulder
  • Loss of strength and decreased range of motion
  • X-ray will show narrowing joint space

Complaints from patients led the American Academy of Orthopedic Surgeons to commission a study in 2006 where 152 shoulder surgery patients were examined. Of these patients, 12 developed PAGCL, all of which received pain pump injections directly into the shoulder.

Patients who only received injection(s) to the soft tissue surrounding the shoulder did not experience breakdown in cartilage…this much shorter injection is in fact the only method approved by the U.S. Food & Drug Administration.

In an advisory released a few months ago, the FDA asked manufacturers to include warnings about direct injection. However, the agency doesn’t openly say pain injections cause cartilage breakdown, maintaining they do not know why this occurs in some patients.

Regardless, many lawsuits have been filed by patients seeking compensation for damages resulting from the use of pain pump injections.

If you’re experiencing symptoms listed above and have had direct injections of pain medication to your shoulder, it’s important you consult with your doctor immediately.

It’s also suggested you contact a medical malpractice or defective product attorney licensed in your state. Tennessee medical malpractice attorneys at Gilreath & Associates can help you obtain compensation for injuries stemming from defective products like this.

Filed Under: Injury, Product Failures Tagged With: , , , ,

Lawsuits Make the World Safer

July 28, 2011 By

The continuing improvements in automotive safety provide a good example of how lawsuits save lives. Cars were once designed only for looks and speed, safety features weren’t considered in the design and selling cars without what are now considered basic safety features wasn’t thought of as negligent. Because of civil lawsuits auto manufacturers have made progressively safer automobiles. As a direct result of litigation, gas tanks are now universally located within the rigid frames of the automobile. Gas tanks are now designed and placed in positions where they are more protected in collisions. This makes gas tanks less hazardous by reducing the risk of cars exploding or catching fire in a crash.

Air bags are another area where litigation has saved lives.  Automobile manufacturers began developing air bags in the 1950’s but delayed implementing them as safety features. In the early 1970′s the courts regularly ruled with automobile manufacturers that vehicles without airbags were not defective or unreasonably dangerous. As a result of continued lawsuits, air bags are now standard features in automobiles and automobile collisions are less likely to result in serious injury or death.

Litigation has led to many changes that have made cars safer. Automobile manufacturers have redesigned vehicles to reduce the severity of injuries suffered in collisions and the likelihood of people being ejected from cars in rollover accidents. Manufacturers continue to improve seat belts and airbags to help protect not just the driver but now also passengers. Side impact is now addressed in the structural design of vehicles. Door latches have been redesigned to reduce the likelihood of doors opening in a collision. The redesign of power window switches now protects children from injury or death from accidentally triggering the window. Seat backs and car roof strength have both been improved to prevent injury in serious collisions and rollovers.

Recently, also because of litigation, a federal court in Arizona found that a vehicle may be defective or unreasonably dangerous because the side windows are made are tempered rather than laminated glass. Tempered glass shatters into hundreds of small pieces on impact where laminated glass, which is already required for front windshields, holds together when shattered. Laminated glass would help keep people from being ejected from cars in accidents. Most deaths in rollover accidents result from people who have been ejected from the vehicle after the window shatters. If laminated glass becomes standard for side windows it will be another example of lawsuits improving safety measures in automobiles and saving lives.

Civil lawsuits have resulted in safer products in many other areas. We no longer have swimming pool drains that drown children because of the suction of the drain or lead based cosmetic products that cause neurological damage. Typically lawsuits have to be filed before laws or regulations are implemented by Congress. Tractor trailer safety has come to the forefront of congressional scrutiny because of lawsuits over the extraordinary damages caused in trucking accidents. Trucking regulations are changing requiring driver to get more rest so they will be more alert when traveling the nation’s highways. Lawsuits make the world safer for everyone.

====================

Consumers have rights. No matter what product it is, manufacturers are responsible for their actions. With hundreds of potentially defective products in the marketplace, you may have been injured in an accident. If you have had an experience with a defective product in Tennessee, contact us or call toll free: 800-637-7024 for an experienced Tennessee product liability lawyer.

Filed Under: Safety Tagged With: ,