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MIAMI, FL -- Attorneys with Higer Lichter Givner, The Blumstein Law Firm and Podhurst Orseck have filed a federal class action on behalf of Florida homeowners Janet Morris-Chin and Dajan Green against the foreign manufacturer of defective Chinese drywall, Knauf Plasterboard Tianjin Co. Ltd., and the foreign company that distributed it in the United States, Rothchilt Int'l., LTD.
Drywall manufactured in China was used in thousands of homes built in the United States during the building boom between 2004 and 2007. The lawsuit claims toxic chemicals that emanate from the drywall have damaged houses, fixtures and personal property rendering the homes unsafe and uninhabitable. In addition to receiving relief for the damages to their property, members of the class action are seeking medical monitoring for the adverse effects of prolonged exposure to the toxic chemicals.
"We have filed a national class action because more than 60,000 homes in 13 states are believed to have defective Chinese drywall," said Victor M. Diaz with Podhurst Orseck. "We anticipate that when the Consumer Products Safety Commission completes its investigation, this product will be recalled across the country. This could be potentially one of the largest product liability cases related to home construction in U.S. history."
Morris-Chin and Green purchased their home in a Homestead, Fla. community developed by a national builder in 2006. Shortly after, they began noticing damage from the defective drywall around the new house. An air-conditioning coil was completely black and iced over when it should have been copper-colored and ice-free. Two home computers suddenly stopped working and the wiring in the nearby outlets was found to be covered in black soot. The family developed physical symptoms including respiratory ailments and headaches.
"When certain chemical compounds in the drywall are exposed to moisture and react with other chemicals found in the houses, they create noxious chemicals that overwhelm the homes with unpleasant odors and lead to costly damages," said Jacob Givner with Higer Lichter Givner. "For many homeowners this situation has become dire. They have been forced to flee their homes and secure rental housing. They are falling behind in their mortgage payments and worried about the unknown health effects from being exposed to the toxic chemicals."
Members of the class action claim they have incurred economic damages and are entitled to recover monetary damages for the replacement and repair of their homes; the removal and replacement of all of the drywall; the replacement of other property (air conditioner and refrigerator coils, microwaves, faucets, utensils, copper tubing, electrical wiring, computer wiring, personal property, electronic appliances, and other metal surfaces and household items); and the repair and replacement of any material contaminated or corroded by the drywall.
The class members have also incurred significant costs to move out of their homes and find temporary housing until their homes are remediated, said Mark Blumstein of The Blumstein Law Firm.
"Not only are these families unable to enjoy their new homes, but the properties have lost value due to the stigma of having defective drywall," he said. "For some members of the class action, the consequential damages include the loss of the home to foreclosure because they've been unable to pay their mortgages while also paying for safe-haven housing."
In February 2009, the law firms of Higer Lichter & Givner and The Blumstein Law Firm were the first to file a class action in state court on behalf of Florida residents who purchased new homes constructed with the defective drywall. A special phone line has been set up for those seeking information on the issue: 305-356-7549. Information also is available online at www.chinesedrywallawsuits.com
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