Chinese Drywall Class Action Says Fumes Threaten Human Health

A group of plaintiffs from several Southeastern states say that defective Chinese drywall emits sulfur-based fumes that destroy property while endangering human health.

Plaintiff Bryan Ellison and several other plaintiffs claim that the gypsum drywall installed in their homes has been outgassing sulfur compounds. The fumes from these compounds have the potential to damage other components of their homes, they say.

According to the Chinese drywall class action lawsuit, fumes from the drywall contain sulfur-based compounds like hydrogen sulfide, carbonyl sulfide, and carbon disulfide.

Plaintiffs say these compounds can cause rapid sulfidation of other construction materials like air conditioning and refrigerator coils, plumbing fixtures, electrical wiring, copper components, and electronic appliances.

They also allege that exposure to these sulfur compounds can cause personal injury. Plaintiffs claim to have suffered “headaches, nasal infections, eye irritation, sore throat and cough, nausea, fatigue, shortness of breath, fluid in the lungs, and/or neurological harm” caused by the fumes from Chinese drywall.

Although this Chinese drywall serves its intended function as a building component, plaintiffs say it fails to serve the purpose for which it was intended due to the damage it can cause.

Plaintiffs say they would not have purchased their homes had they been aware of the problems associated with the Chinese drywall installed inside them.

“As a direct and proximate result of Defendants’ actions and omissions, Plaintiffs and the Class Members’ homes, structures, personal property, and bodies have been exposed to the harmful effects of Defendants’ defective drywall,” the plaintiffs allege. “Including both the corrosive damage and harmful effects to their bodies causally connected to the sulfur compounds and other noxious gases emitted by Defendants’ defective drywall.”

In addition to their personal injuries and property damage, plaintiffs say the defective Chinese drywall has caused economic damages. They allege that due to the defects, they are out-of-pocket for the cost of inspection, remediation to rid their homes of defective drywall, alternative living arrangements, and lost property value.

The plaintiffs are taking on several different China-based manufacturers and marketers of Chinese drywall. They expect to find other, as-yet “unascertainable” defendants as the Chinese drywall class action lawsuit proceeds, and they are reserving the right to name those other defendants as they are discovered.

This Chinese drywall class action lawsuit raises claims based on negligence, strict liability for defective design and manufacture, breaches of express and implied warranties, unjust enrichment, and violation of several states’ consumer protection laws.

The plaintiffs propose to represent a Class consisting of all past and present owners and residents of real property in the U.S. that contains the allegedly defective Chinese drywall manufactured, sold, distributed or supplied by the named defendants.

A second plaintiff Class would represent Class Members who have owned or resided in structures where the defective Chinese drywall installed was manufactured by one of the unascertainable defendants.

They seek a damage award including compensatory, statutory and punitive damages, court costs, and attorneys’ fees, all with pre- and post-judgment interest.

The plaintiffs are represented by attorney James V. Doyle Jr. of Doyle Law Firm PC.

The Defective Chinese Drywall Class Action Lawsuit is Bryan Ellison, et al. v. Taishan Gypsum Co. Ltd., et al., Case No. 4:16-cv-01839, in the U.S. District Court for the Northern District of Alabama.