Daytona Beach News Journal: Residents Get Legal Advice On Toxic Drywall From China (07-25-09)

By VALERIE WHITNEY
Business Writer

PALM COAST — About 18 months after Joseph and Sandra White moved into their new home here, they began to notice a strong odor in a corner of their master bathroom.

In time, Sandra White also noticed her asthma intensified, and she felt better once she left the house.

Five years later, the couple are convinced they may be among the growing numbers of homeowners whose houses have defective drywall from China.

“We didn’t make the connection until recently,” Joseph White said Thursday night at a community meeting here on the subject hosted by Coral Gables attorney C. David Durkee.

About 50 residents and interested parties came out to hear Durkee, but only two homeowners said they think they have problems with Chinese drywall.

Durkee has been crisscrossing the state on a crusade to educate homeowners on the problem and their options. His firm is representing residents who think the drywall, used from 2001 to 2008 during the height of the construction boom, was used by their builder.

Some homeowners report severe allergies, nosebleeds, upper-respiratory problems and other symptoms, which disappear when they leave home for an extended time, he said.

“People are getting sick; families are being forced from their homes, enduring financial and emotional turmoil,” he said.

Durkee said a strong sulfur or rotten-egg smell — when all the windows and doors are closed — could indicate Chinese drywall is present. Other indicators include repeated corrosion of the coils on air-conditioning units, the copper wiring on appliances and personal items, such as silver jewelry.

His strategy is to file cases citing defective product law as opposed to personal injury, because the former is more favorable to consumers.

“What happens is the builder’s insurance company will get involved,” he said, and is more likely to pay the claim.

He also favors filing cases individually because a class-action lawsuit could drag on for years, he said.

“They may also benefit from advantages of filing in state court rather than federal court. For example, their cases may be resolved more quickly in a local forum,” he said.

The U.S. Consumer Product Safety Commission is investigating the problem. As of this month, the agency has received reports of more than 600 incidents in 22 states and the District of Columbia. Most of the complaints came from Florida, Louisiana and Virginia.

The state Department of Health also is investigating what it calls the Chinese drywall “phenomenon.” Information is available at floridashealth.com. Residents also can contact local health departments.

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