South Carolina Personal Injury Blog - CPSC

The gloves come off in the debate over defective Chinese Drywall

Amanda Wick — Tue, 07 Apr 2009 12:50:54 GMT

Today, in an article on newsinferno.com, Senator Bill Nelson (D-FL) called for the resignation of Nancy Nord, head of the Consumer Products Safety Commission (CPSC), because of the CPSC's failure to respond to Florida’s drywall problems.

Nelson is quoted as saying, “The CPSC has the legal authority to stop the importation of this stuff and to cause a recall and utilize their legal authority to exact penalties and to seize the assets of these companies. Now, that’s what I have asked them to do... The CPSC ought to exert their powers, now the problem is, you’ve got a chairman, Nancy Nord that just is not doing their job and the administration is going to have to replace her with somebody that will.”

While the CPSC sent a five-member team to investigate in Florida, Nord's position is that it is too soon in the process to issue a recall.

Interestingly, the Chinese government has apparently launced its own investigation into the defective Chinese drywall and has told news sources that the Chinese FDA-equivalent is “very concerned” about the allegations made regarding the material.

While problematic reports have so far only come out of Florida, Louisiana, Alabama, and Virginia, the drywall was also imported through ports in California, Mississippi, Texas, South Carolina, North Carolina, New York, Georgia, Washington, Pennsylvania, and New Jersey. As summer approaches and temperatures rise, so likely will the number of reports in warm, humid locales as these are factors that exacerbate the drywall emissions.

Originally posted at InjuryBoard by Amanda Wick

Federal Government ramps up investigation into defective Chinese Drywall

Amanda Wick — Fri, 27 Mar 2009 10:11:24 GMT

Recently, the Herald Tribune reported that on Thursday, March 26th, federal investigators from the Consumer Product Safety Commission (CPSC) were in Southwest Florida inspecting the electrical systems of at least four homes to further investigate claims of defective Chinese Drywall. While the CPSC has been investigating this for weeks, yesterday marked a huge step in the investigation as it was the first time the federal team went to actually do formal inspections of homes in Florida.

As the article points out, what's really critical about the federal inspection is that if the CPSC ultimately determines that the Chinese drywall poses a safety hazard, the CPSC can issue a recall of ALL the Chinese drywall imported and installed into homes. It can also stop future sales and prevent any more of it from being imported. AND, possibly most important to those homeowners who have already filed suit against Knauf and the makers of the drywall, the CPSC also has subpoena power, which means it can demand that the companies responsible hand over any relevant records from builders, suppliers and manufacturers.

WHAT'S BEING DONE?

Currently, there are at least three lawsuits pending against the makers of the drywall and other involved parties, that could greatly benefit from the CPSC stepping in to assist in gathering evidence. There are at least three federal lawsuits allegining injuries to plaintiffs in Florida, Louisiana, and Alabama. Given reports that a builder in Virginia came forward to acknowledge defective drywall installation in a development there, more are likely to be filed around the country.

IS THIS ONLY A PROBLEM IN FLORIDA?

Concerns are growing that, as new cases are cropping up in Lousisiana and Alabama (states that suffered severe drywall shortages after destruction from hurricanes), this could be a nationwide problem. Past reports by the Herald-Tribune indicate that the drywall was not only imported into Florida and Louisiana, but also came in through ports in California, Mississippi, Texas, South Carolina, North Carolina, New York, Georgia, Washington, Pennsylvania, and New Jersey. It was literally imported all over the country.

And while lawsuits may only have been filed in Florida, Louisiana, and Alabama, this is likely only the beginning. From reading the press on this issue for the last several months, the one thing that is abundantly clear is that no one tested or inspected this stuff before installing it. Distributors, builders, and suppliers appear to have sold and installed it without giving any thought to the fact that drywall imported from China might be as defective as thousands of other Chinese products that have made the news in the last few years. And what is most mind-boggling is that none of them appear to have given a thought to the long-term costs and consequences of a short-term strategy of saving a little money on drywall, rather than using quality products that they knew to be safe.

Given the amount of drywall imported in other states, it would not surprise me to see reports of the defective drywall having been installed in houses nationwide. Because the smell appears to be agitated by heat and humidity (thus the rapid development of problems in Florida), we will likely see more of these cases popping up the closer we get to summer time.

HOW DO I KNOW IF I EVEN HAVE CHINESE DRYWALL?

If your house was constructed in the last four years, you may be at higher risk for having Chinese drywall. The first thing people tend to notice is a smell of burnt eggs, or sulfur, as if something were rotting. However, people have also said it smelled like wood varnish so regardless of what you think it smells like, if something doesn't smell right, do further investigation. (Please note - some people report not smelling anything so if you see other signs, do not disregard them simply because your house does not smell). Surefire ways you can check for the drywall include removing the outlet plates on your wall and checking to see if the copper wires have turned black. Other signs include blackened or broken A/C or refrigerator coils and pitted and/or blacked metal on fixtures. If you have an attic, some people have been able to see the words "Knauf" or "Made in China" on the back of the drywall boards in their attic (though the lack of these does not mean you do NOT have it, since many builders may have only used it on walls and not ceilings). For additional help, contact your local health department or the CPSC.

Originally posted at InjuryBoard by Amanda Wick

CPSC Recalls Igloo Coolers Due to Lacerations

Amanda Schlager — Thu, 25 Sep 2008 16:11:26 GMT

On September 24, 2008, the U.S. Consumer Product Safety Commission recalled nearly 7,000 Igloo coolers due to a hazardous latch.

The stainless steel latches on the Igloo Marine Elite Coolers have been reported to cause lacerations to consumer’s arms and legs. So far, eight incidents have been reported. The injuries sustained from the sharp latches have been severe enough to require stitches.

The Marine Elite Cooler model of Igloo coolers was sold exclusively to West Marine stores nationwide from January 2008 to July 2008. The recall includes white colored models with stainless steel latches in the 72 quart, 94 quart, 128 quart and 162 quart sizes.

Consumers are urged to stop using this model cooler immediately and to contact Igloo for a free replacement latch kit. Customer service representatives for Igloo can be reached toll-free at (888) 257-0934. Information can also be obtained from their website www.igloocoolers.com/safetyalert.

If you are injured as a result of using this product, or any product, seek medical attention. Keep copies of your medical records and the bills you incur as a result. Representatives of the Company that made the product will often ask you for this information should you call in to report your injury. They may also ask you for other items you may need to provide them, such as a broken part, a UPC code from the purchased item, or other proof of purchase, like a receipt. Sometimes, a Company will have a very streamlined process for dealing with these injuries and will compensate you for your injuries by simply submitting the proper materials.

However, my clients frequently report that their experience with the Company’s representative was frustrating and sometimes completely unhelpful. Some clients have even been told by the Company’s representatives to just “call a lawyer.” While this isn’t always necessary, it can be useful. A lawyer can help you navigate the process, ensure you have all the proper materials, and may seek damages for pain and suffering, in addition to your medical bills.

If you are injured as a result of a defective product, please keep the product, your receipt, and any other materials associated with it. While you do not need a lawyer, you should consider seeking legal help if you find the company to be non-responsive to your requests.

Originally posted at InjuryBoard by Amanda Schlager