Virginia Personal Injury Blog - Toxic Substances

Feds link toxic Chinese drywall to corrosion in homes

Emily Mapp Brannon — Sat, 28 Nov 2009 21:06:00 GMT

Federal officials have found a “strong association” between toxic Chinese drywall and corrosion of electrical systems in homes, according to The New York Times.

The conclusion is one of the few public statements from the federal government that the drywall is at fault for problems in thousands of homes.

The toxic drywall issue is important to many Hampton Roads homeowners, where toxic drywall has forced countless people from their homes.

My colleague John Cooper wrote recently about a number of area homeowners who traveled to Richmond to lobby lawmakers and regulators on the issue.

“The real suspect can now be confirmed,” Jack McCarthy, president of Environmental Health & Engineering, told The Times. His company studied 51 homes for the government. “There’s a strong association with the drywall and hydrogen sulfide and the corrosion that we see in these homes. Temperature, humidity and air exchange rates are contributing factors.”

Homeowners in the South are most at risk, the study found. High temperatures, high humidity, and confined air circulation in well-insulated air-conditioned homes all bring the toxic hydrogen sulfide out of the drywall.

The finding comes from the Consumer Product Safety Commission, the agency that has been the locus of complaints from homeowners. More than 2,000 homeowners have complained to the federal government about the drywall.

The commission declined to link the toxic drywall to the health problems that many homeowners have suffered. However, it is studying how to get homeowners financial aid. It has also asked the Internal Revenue Service to permit deductions of drywall-replacement costs as a casualty loss.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Exxon Contaminates NYC Water

Paul Thomson — Thu, 29 Oct 2009 08:30:00 GMT

Exxon Mobil was found guilty of contaminating groundwater in New York City with M.T.B.E., a substance that makes gas burn cleaner, but also dissolves easily into water. Although health risks from consuming M.T.B.E. are unclear, it causes the water to have an odor and taste so bad that the water is not drinkable! NYC asked for compensation for construction of several water treatment plants to make well water in Queens drinkable. The city was awarded $105 million. A New York Times article quotes the city's head lawyer, Vic Sher, who said the decision "sends a clear signal that juries have no tolerance for big oil companies whose products pollute drinking water and that these companies have an obligation to take steps to make sure this kind of pollution doesn’t happen."

Unfortunately, Exxon refuses to take responsibility for the pollution. They continue to deny that the M.T.B.E. contamination was caused by them, regardless of the fact that 23 other oil companies have made settlements with the city. Although the money will help prevent citizens from having to pay for the water treatment, it's too bad that Exxon disregards our environment and the health of their customers. Water is a precious resource and we--including Exxon--must take care of it!

Originally posted at InjuryBoard by Paul Thomson

Two Dozen Virginia Homeowners Journey to Washington to Discuss Toxic Chinese Drywall

Jim Lewis — Sat, 10 Oct 2009 16:56:00 GMT

Virginia Senators Mark Warner and Jim Webb sad down with some perturbed Virginia homeowners whove been dealing with toxic Chinese drywall, according to WVEC.com. There have been over 1,500 reports of the lethal drywall with 3 percent of those reports in Virginia (VA), especially the Hampton Roads region.

The Senators responded by writing a joint letter to FEMA requesting rental assistance for those who cannot afford to move out of their toxic homes. If that doesnt work, Virginia Beach Congressman Glenn Nye introduced a resolution pressing banks and lenders to work with families hampered with this drywall.

Heres a video of Senator Warner discussing the toxic Chinese drywall issue calling it a Kafkaesque tragedy

http://www.youtube.com/watch?v=BzIJKysL7y0

Its good to see Virginia politicians taking some sort of action, but the overall response on the national level has been mediocre at best. Everyone understands this hazardous drywall originated from China, but there are many obstacles in trying to hold the Chinese government responsible. For example, international law is very different from U.S. law and holding a foreign government liable for damages has not proven to be extremely successful.

Nevertheless, dramatic action needs to be taken. Too many people are having their lives ruined and home values disintegrate because of this toxic Chinese drywall. My colleague John Cooper has written extensively about the Chinese drywall issue and our firm is committed to seeking justice in this troubling situation.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling toxic substance cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right nowwe provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by Jim Lewis

Virginia Homeowners Need Help Handling Toxic Chinese Drywall

John Cooper — Tue, 06 Oct 2009 16:34:00 GMT

Toxic Chinese drywall is affecting thousands of homeowners across the nation but especially in the south including Mississippi, Florida, New Orleans, and Virginia (VA). Some estimates indicate over 100,000 homes were built with the hazardous drywall, though no one really has an exact number. The problem just continues to grow.

Virginians in Hampton Roads are taking the brunt of the toxic Chinese drywall problem. For example, Elizabeth and Steve Heischober bought a house in Virginia Beach, Virginia (VA) back in 2006 and discovered the symptoms of toxic Chinese drywall – a rotten egg smell and the destruction of appliances due to chemicals. The Heischober’s would need to spend over $200,000 out of pocket to fully replace the drywall and effected appliances, according to WAVY.

As an injury lawyer who works for a firm that regularly represents people who’ve had their lives adversely affected by toxic substances, I find it outrageous that more hasn’t been done to help these homeowners. Most people don’t have $200,000 sitting around to spend on home repairs.

Most insurance companies are preparing to deny claims related to the toxic drywall because it’s considered a pollutant and, therefore, not covered by a general policy.

So what can be done? The government is making some effort. The Foreign Manufacturers Legal Accountability Act of 2009 is a bill floating around in the Senate that would require foreign companies doing business in the United States to agree to participate in litigation in U.S. courts. Unfortunately, this would not help those currently struggling with the drywall issue.

Virginia Beach Congressman Glenn Nye (D) is planning to submit legislation which would expedite financial support to Virginia (VA) homeowners. Nevertheless, the U.S. government is not responsible for this quagmire. The Chinese government needs to take responsibility since nearly 16 companies who supplied the toxic drywall were apparently owned by the government.

Here's a video of Congressman Nye meeting with the Heischober's about their troubles with toxic Chinese drywall...

http://www.youtube.com/watch?v=_ZphmKlww44

Thousands of lawsuits are being filed in connection to the contaminated Chinese drywall and it’s clear this issue is gaining national attention. Justice needs to be served. Far too many people are having their lives ruined because of this noxious drywall.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling toxic substance cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by John Cooper

Toxic Water Is Major Problem In US Cities

Greg Webb — Thu, 17 Sep 2009 21:32:54 GMT

Residents in an area near Charleston, West Virginia have started to avoid contact with tap water after scabs began developing on their arms, legs and chests where the bathwater, which is polluted with lead, nickel and other heavy metals, caused painful rashes. The residents also began complaining of increased health problems, such as losing the enamel on their teeth, gall bladder diseases, fertility problems, miscarriages and kidney and thyroid issues. Tests have shown tap water contains arsenic, lead, magnesium, barium and other chemicals at concentrations that federal regulators say could contribute to cancer and damage to the kidneys and nervous system. A survey of more than 100 residents conducted by a nurse, who was hired by a lawyer representing a resident in a lawsuit regarding the dangerous water quality, indicated that as many as thirty percent of people in this area have had their gallbladders removed, and as many as half the residents have significant tooth enamel damage, chronic stomach problems and other illnesses.

The contamination began when nearby coal companies began pumping sludge, or leftover liquid used to wash coal of its impurities, into the ground, contaminating ground water. According to state reports, the companies injected about 1.9 billion gallons of waste into the ground since 2004; millions of gallons were also dumped into lagoons. These injections have contained chemicals at concentrations that pose serious health risks and break not only the federal law but state laws as well. Sometimes these amounts exceeded the imposed limit by as much as one thousand percent. Due to the dangers posed by the water, two hundred and sixty people sued nine nearby coal companies, accusing them of putting dangerous waste in local water supplies. It is very hard to hold a company responsible, however, since it is hard to tell what company put which contaminants in the ground and caused the most problems. As required by state law, some of the coal companies had disclosed in reports to regulators that they were pumping illegal concentrations of chemicals, the same pollutants that flowed from residents’ taps, into the ground; state regulators did not punish the companies, however, for breaking these pollution laws, nor were they warned that their activities had been noticed. When asked why the illegal activity had been ignored, West Virginia officials said the issue was accidently overlooked but their studies suggest the contamination would not have affected drinking water in the area.

This pattern is unfortunately not limited to West Virginia. According to a study in the scientific journal Reviews of Environmental Contamination and Toxicology, an estimated 19.5 million Americans become ill each year from drinking water that contains parasites, bacteria or viruses. This figure does not include illnesses caused by contaminants or toxins. About forty years ago, Congress passed the Clean Water Act as a way to force polluters to disclose the toxins they dump into bodies of water and to give regulators the power to fine or jail offenders. Many states also passed their own versions of the law, though an extensive report by the New York Times showed violations of the act have risen steadily across the nation. For example, since 2004, manufacturing plants, chemical factories and other workplaces have violated water pollution laws more than half a million times. This number only accounts for violations reported by the companies themselves; illegal violations would increase the figure dramatically. These violations include failure to report emissions to dumping toxins that regulators fear may cause birth defects, cancer and other illnesses. Though some of the violations were minor, about sixty percent of the polluters were deemed in “significant non-compliance”, meaning their violations were the most serious kind, for example dumping cancer-causing materials into the water. The report also showed that only three percent of the polluters have faced punishment from either the state or the Environment Protection Agency (EPA), which can prosecute polluters when states fail to act. The EPA has faced scrutiny following the dissemination, through leaks and the Freedom of Information Act, of memos labeled “DO NOT DISTRIBUTE”, which showed federal regulators were aware that more than thirty states had companies that were violating pollution laws. Another memo showed the EPA was aware that the “states’ personnel lack direction, ability or training” to levy fines large enough to deter and punish polluters. Still, other memos explained that the agency was not going to correct the problems out of fear that it would risk its relationships with the states.

Many state and federal legislators claim they had no idea the pollution was so widespread and have vowed to make appropriate changes. In one controversial case in West Virginia, however, a state official attempted to close polluted mines and was then fired from his job, creating a bureaucracy clambering for job security. Since this time, hundreds of workplaces in West Virginia have violated pollution legislation without paying fines. Six current and former employees said their enforcement efforts had been undermined by bureaucratic disorganization, a departmental preference allowing polluters to escape punishment if they promise to try harder, and a revolving door of regulators who leave for higher-paying jobs at the companies they once regulated. Many state officials are defending their efforts, pointing out that there has been a ten percent increase in the number of cease-operation orders issued by regulators from 2006 to 2008.

Since it is difficult to determine what pollutants cause diseases like cancer, it is impossible to know how many illnesses are caused by water pollution or the contaminants’ role in the health problems of specific individuals. However, concern over contaminants are great enough that the EPA and Congress regulate more than one hundred pollutants through the Clean Water Act and strictly limit ninety-one chemicals or contaminants in drinking water through the Safe Drinking Water Act. Lisa P. Jackson, the new EPA administrator, has acknowledged the fact that despite the Clean Water Act’s many successes, the nation’s water does not currently meet public health goals. She also recognizes the enforcement of water pollution is very low, but has made it one of her top priorities to strengthen water protections and pressure states to enforce the law; state officials claim they are doing all they can with the limited resources provided.

Though the number of regulated facilities has more than doubled in the last ten years, many state enforcement budgets have remained basically flat when adjusted for inflation. For example, in New York, the number of regulated polluters has almost doubled to 19,000 in the last ten years, but the number of annual inspections has remained about the same. Limited state budgets are only part of the problem. The New York Time’s investigation also found that in states, such as West Virginia, with powerful industries, the companies lobby for and are awarded relaxed regulation. State officials also point out that water pollution statistics include minor, non-life threatening infractions, such as failing to file reports.

The New York Times research was turned into a database, and can be accessed at http://www.nytimes.com/toxicwaters. That research showed an estimated one in ten Americans have been exposed to drinking water that contains hazardous chemicals, including carcinogens, or fails to meet a federal health benchmark in other ways; wells, which are not typically regulated by the Safe Drinking Water Act, are more likely to contain dangerous contaminants than municipal water systems. The research also showed that last year, forty percent of the nation’s community water systems violated the Safe Drinking Water Act once. The violations ranged from failing to maintain proper paperwork to allowing carcinogens into tap water. Therefore, more than 23 million people received drinking water from municipal systems that violated a health-based standard. Following this study by the Times, West Virginia officials have declared a statewide moratorium on issuing injection permits and told some companies that regulators were investigating their injections.

Lawmakers and environmental activists claim the best solution to the problem is for Congress to hold the EPA and states accountable for their failures. They also believe the Clean Water Act should be expanded to police other types of pollution, such as farm and livestock runoff, since they are largely unregulated and the government should give state agencies more resources. Many experts do not believe major change will happen, however, until there is a large public outcry.

Unfortunately, the people usually affected by these polluters, these large, powerful, corporate interests, are people who do not have the means to combat the power and money arrayed against them. That is precisely why, in many instances, the polluters located and dumped in the locations they did - because they believed they could get away with the behavior. And, in many cases, they have gotten away with it, with the exception of a slap on the wrist - a fine that amounts to little more than lunch money for many of these corporations.

Originally posted at InjuryBoard by Greg Webb

Insurance Companies Looking for Ways to Deny Claims Associated with Toxic Chinese Drywall

Emily Mapp Brannon — Sun, 16 Aug 2009 21:46:00 GMT

The devastating effects of toxic Chinese drywall in Virginia (VA) have left numerous families with a home featuring unlivable conditions or a massive bill to remove and replace the lethal drywall material. It’s also forced many contractors and subcontractors to go out of business.

My colleague Rick Shapiro has written about the health hazards associated with Chinese drywall and the ramifications of this situation are far reaching, both legally and financially.

Here’s a video illustrating the extent to which toxic Chinese drywall has effected so many people…

http://www.youtube.com/watch?v=hMZxl2YIkrc

Unfortunately, insurance companies are already contemplating a strategy to avoid paying for home repairs or reimbursing contractors and subcontractors who also face major financial claims from lawsuits.

A recent article in the Insurance Journal discussed methods for insurance companies to avoid financial responsibility. The two primary exclusions they hope to utilize in legal defense include a pollution exclusion and property damages exclusion.

According to the article, the pollution exclusion could be used since a majority of contractors and subcontractors possess general liability policies which feature a standard exclusion for liability arising from the "actual, alleged or threatened discharge, seepage, release or escape of pollutants."

They argue the toxic gases emitted by the Chinese drywall will fall under this provision since "pollutants" are usually defined as any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste."

The property damages exclusion is usually entitled "Exclusion: Damage To Work Performed By Subcontractors On Your Behalf" in the policy. This basically eliminates property damage liability for damage associated with the builder's faulty work, the Chinese drywall in this case.

In addition, they argue liability can be denied for the resulting damage to the builder's non-faulty work including the effects of the toxic Chinese drywall in the home such as corrosion to electrical systems, copper piping, and other metals.

The litigation associated with Chinese drywall is probably going to be extensive and its clear insurance companies will look for numerous legal defenses and exclusions to avoid financial responsibility.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Emily Mapp Brannon

TVA Duplicity Re: Coal Ash Spill

Michael Phelan — Wed, 29 Jul 2009 12:59:06 GMT

During a recent hearing before Congress, the head of the Tennessee Valley Authority acknowledged a 'larger cultural problem' at the agency as an inspector general's report says it allowed its lawyers to stifle a $3 million study into the cause of a massive coal ash spill to limit its legal liability. The report also said the nation's largest public utility failed for more than 20 years to heed warnings that might have prevented the spill." The breach "of 5.4 million cubic yards of toxic-laden coal ash from the earthen dams and holding ponds at TVA's Kingston Fossil Plant into the Emory River and lakeside homes has raised questions about the risks and lack of regulation of hundreds of similar sites around the country."

Some citizens might be shocked to hear that our country's largest public utility would hide safety information from the government and the public. Unfortunately, this practice is all too common. Moreover, companies have been known to spend much more money on lobbyists and judicial elections than it would have taken to make thier products or facility safe. Indeed, in neighboring West Virginia, a coal company allegedly spent millions of dollars to buy a state Supreme Court seat for an elected justice, who would be seated in time to vote on the coal company's appeal of a large verdict against the coal company. Fortunately, the United States Supreme Court ruled that the coal company's judge must recuse himself from the case. Otherwise, life would likey have imitated art, and we may have seen the real-life version of John Grisham's book, The Verdict, unfold in West Virginia.

If this represents business as usual, why in the world would we want to limit citizens' Seventh Amendment rights to trial by jury? This is what the tort reform groups wish to do. They are running advertisements on the television and at the movie theaters hoping to shift the issue to a false bogeyman, trial lawyers. The real issue is what is the best way to change intentionally unsafe or illegal corporate behavior? I believe the answer is to hold the wrongdoer accountable for the wrongful acts. As the founders of our country recognized, the legal system is the most civilized forum for seeking this accountablility.

Originally posted at InjuryBoard by Michael Phelan

Dominion Virginia Power Aims to Remove Responsibility in Fly Ash Lawsuit

Jim Lewis — Sun, 26 Jul 2009 18:28:00 GMT

Dominion Virginia Power is looking to remove itself as liable in the $1 billion dollar lawsuit brought forth by residents of Chesapeake, Virginia (VA) living near the Battlefield Golf Club, according to The Virginian-Pilot. The lawsuit focuses on the usage of toxic fly ash in the ground fill along the golf course.

Dominion claims they are not legally responsible for any potential injuries since they merely “supplied” the fly ash to the Battlefield golf course developers. The problem with Dominion’s logic is they knew fly ash was toxic way back in 2001, according to The Virginian-Pilot.

Another flaw in Dominion’s argument is the fact that there is legal precedent in this realm. Back in 2008, Constellation Energy settled with residents in Annapolis, Maryland for $45 million dollar in a fly ash lawsuit.

There isn’t word yet as to what the judge in Chesapeake reviewing the motion will do, but given the evidence, I wouldn’t be surprised if he does not rule in favor of Dominion.

Here’s a video illustrating the negative effects of fly ash. It also shows that toxic fly ash isn’t a problem exclusively in Virginia (VA) but in multiple parts of the country…

http://www.youtube.com/watch?v=tUGy5_xN28A

hamptonroads.com/2009/05/dominion-kept-7year-secret-fly-ashs-environmental-risks

Originally posted at InjuryBoard by Jim Lewis

Swine Flu Remains a Deadly Threat in Virginia

Rick Shapiro — Fri, 24 Jul 2009 21:14:00 GMT

The Virginia Department of Health is reporting a woman’s recent death may be linked to the H1N1 virus, commonly referred to as Swine Flu. If it turns out Swine Flu was a contributing factor, this would be the third death in Virginia (VA) connected to the lethal virus, according to The Virginian Pilot.

The two other Swine Flu-related deaths in Virginia (VA) occurred in Chesapeake and Arlington. April Wilson was the Chesapeake resident and the first victim. She died on June 2, 2009. Our deepest condolences go out to her friends and family.

Over 260 deaths attributed to Swine Flu have been reported nationwide and numerous infections continue to surface on a regular basis.

Internationally, close to 100,000 cases of Swine Flu were reported in England this past week, according to the BBC. A vast majority of cases are deemed mild, but the number of confirmed deaths remains 31 and could rise as the number of infected increases.

Here’s a video talking about the government’s plan to combat a resurgence in Swine Flu, and the seasonal flu, this fall…

http://www.youtube.com/watch?v=VJjQ62HfciA&feature=related

Originally posted at InjuryBoard by Rick Shapiro

Electronic Cigarettes Come Under Scrutiny

Zev Antell — Fri, 24 Jul 2009 11:48:34 GMT

The debate about the deleterious effects of cigarette smoking seems to be largely settled. The public at large is now deluged with anti-smoking messages and cigarette packs are required to prominently display very ominous warning labels. Finally, in the last 15 years tobacco companies have been hit time and time again with large civil judgments in courts across the country. All that said, the myth of the healthy (or healthier) cigarette endures.

According to a recent New York Times article a product commonly referred to as an "electronic cigarette" has recently come under FDA scrutiny. Electronic cigarettes are an alternative nicotine delivery system. Whereas traditional tobacco cigarettes are lit, smoked, and inhaled, electronic cigarettes are battery operated and are not lit. Perhaps the notion is that that the user gets both nicotine and the familiarity of a traditional cigarette without the health risks of actually smoking. However, according to the FDA there are real concerns about the heath effects of electronic cigarettes.

The Times’ article points to FDA analysis that raises questions about the contents of the products. The intimation is that they contain certain known carcinogens. As the products are purportedly manufactured in China, a health official quoted in the article cites an additional worry about quality control.

Perhaps the article's most worrying point is that electronic cigarettes may be both accessible and appealing to kids as the products appear to come in fruit flavors and are sold online and in shopping malls.

Originally posted at InjuryBoard by Zev Antell