The Problem With Government Addressing Tragedy

Toxic Chinese drywall may end up being one of the largest and costliest consumer product defect cases in the history of the United States. This is a problem that causes homes to become infected with toxic gasses that damage appliances within a home and can cause various health issues, including respiratory problems and bloody noses. This is a problem that has been in the public eye for several months now. This is a problem that will effect thousands, if not hundreds of thousands, of hard working Americans throughout our great country. Americans that pay their taxes and pay their bills. This is a problem that will have a detrimental affect on other aspects of our economy such as home prices and the mortgage mess.

This is the equivalent of a silent hurricane that is far more damaging that any normal hurricane. This silent hurricane has not just hit one state but several states at the same time. The damage cannot be seen from a hovering helicopter for the evening news. The damage that is caused by the toxic drywall is not typically covered by homeowners insurance. Since it is not typically covered by homeowners insurance, homeowners do not have the financial resources to move out of their home. It is hard for any typical homeowner to know how to repair the problem properly.

The Government reaction to this silent hurricane has been slow and lumbering. This article is not a criticism of Senator Nelson or Representative Wexler who have done what they could do address this problem. However, they are working within a governmental system that just is not built to address a sudden, unexpected catastrophe such as toxic Chinese drywall.

This week I have been reading articles that describe how there has been an amendment to the Emergency Supplemental Appropriations bill to combat defective imported drywall. This amendment was passed so that $2 million dollars could be utilized by the Consumer Product Safety Commission to expedite the investigation of Chinese-made drywall. This is our government in action, or probably better said “inaction”.

This is how the government works – they spend millions of dollars regulating the importation of foreign made products – but let thousands of pounds of toxic foreign made drywall within the borders of our country for the past 8 years. They then realize they have one of the largest consumer product defect cases on their hands and instead of putting boots on the ground and helping to solve the problem, they have a hearing. Then they pass an emergency appropriations bill so the government can spend more money fixing a problem that proper regulation would have prevented in the first place. Then they spend money on testing for a problem that is completely obvious to the naked eye – instead of helping families to move out of their toxic homes. After several months of testing there will be grandstanding by bureaucrats that they have determined that we have a “real” problem. Something homeowners who are victims of this tragedy already know.

On the other hand, Plaintiff attorneys, “Trial Lawyers” as the far right likes to call us, have been taking action since this problem emerged. We have been spending our own hard earned money to fund the litigation without any assurance that these funds will be recovered. We have already tested homes throughout various states, we have already started to inform homeowners of the various toxic gases that are being caused by this defective drywall, we have been informing victims of their legal rights, and explaining their legal options as to how to be made whole. Hopefully, by taking action – quick and decisive action – attorneys have been able to provide victims with some hope.  A small bright light at the end of a dark tunnel.

I have often been asked by victims whether they should wait for Government action before they begin to pursue their legal rights.  I tell them to remember Hurricane Katrina and New Orleans. The government had a very difficult time reacting to this real hurricane when victims were standing on roof tops staring at us from our television screens.  It will be even more difficult for government to address the problems that this silent hurricane has caused.  While the government has hearings and funds testing, real consumer advocates – Plaintiff attorneys – will be taking action to make these victims whole.