Norfolk-Portsmouth Personal Injury Lawyer - 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.

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Originally posted at InjuryBoard by Emily Mapp Brannon

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

Heavy Metal Toxins Found in the Water Surrounding Chesapeake Golf Course Could Pose Risk to Residents

John Cooper — Wed, 17 Jun 2009 16:13:00 GMT

We’ve all heard the three rules of real estate: location, location, location! It’s no wonder that homes on waterfront property or those nestled beside pristine golf courses sell for much higher than others of comparable square footage – it just feels better when the view from your front porch is tranquil, and most of us are willing to pay more for that feeling. But for the residents who live near the Battlefield Golf Club in Chesapeake, any feelings of tranquility have long since gone out the window, thanks to less-than-truthfulness on the part of Dominion VA Power, and a real threat of heavy metal and toxic poisoning in their drinking water.

The problem started when, in 2002, developers built the golf course using 1.5 million tons of fly ash, supplied by Dominion. What is fly ash? Good question. Fly ash is the byproduct of burning coal to produce electricity, and as you may have guessed, it contains a good amount of heavy metals and other toxins. The golf course was built without a liner, which has allegedly allowed heavy metal toxins to seep into the well water used by nearby residents. In fact, city consultants last year found high levels of aluminum, arsenic, lead, as well as other contaminants, in the water underneath the course.

From a personal injury attorney standpoint, the problem started before the golf course was even built, when, in December of 2001 – before the fly ash was even trucked to the site - Dominion consultant URS Corp indicated that building the golf course with fly ash could pose environmental risks. In response, Dominion ordered more “sophisticated” tests. These additional tests showed that mixing the fly ash with a binding agent should protect the groundwater from toxins. That’s all well and good, but I can’t help feeling like Dominion should have done more. When, in June of 2001, Dominion executive Max Bartholomew made a pledge to the city council that building the golf course with fly ash would NOT pose any risk to the water or surrounding residents, he seemed sincere. Why, then, did he not return to the counsel the following December, to alert them that perhaps Dominion’s initial assurances of safety might be less than accurate?

For now, Dominion has pledged $6 million dollars to extend residents’ water lines outside of the current danger zone around the golf course. It’s incredibly important in this day and age for companies to accept responsibility for the impact they have on the communities around them. In the end, it’s the families living in ordinary houses on ordinary streets, leading ordinary lives that suffer from colossal corporate irresponsibility and negligence. Those are the people we’re looking out for, who we go to bat for every day.

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, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

Originally posted at InjuryBoard by John Cooper

Who’s Regulating Who? Allied Terminals Tank Spill Sparks Discussion on Tank Regulations

Emily Mapp Brannon — Fri, 29 May 2009 12:03:00 GMT

The U.S. Chemical Safety Board held a news conference Wednesday to release its final report on the Nov. 12 tank collapse at Allied Terminals. They concluded that the collapse of a liquid fertilizer tank along the Elizabeth River was the perfect example why the inspection and maintenance of above-ground fertilizer tanks should be regulated by the state. The safety board concluded that the spill was caused defective welding on Allied Terminals' Tank 201, which caused more than 2 million gallons of liquid fertilizer to spill out. Additionally, two contractors were injured while performing welding work on the tank.

The federal agency also faulted Allied Terminals for failing to ensure that the welds on Tank 201 met industry quality standards, not performing post-welding inspections on the tank, and directing contractors to seal leaking rivets while the tank was being filled to its maximum level for the first time. Chesapeake city officials said they intend to pursue state laws that will authorize them to regulate large fertilizer storage tanks along the Elizabeth River's Southern Branch.

Seventeen states currently have regulatory programs relating to the storage of liquid fertilizer in above-ground tanks. Delegate John Cosgrove (R – Chesapeake) thinks Chesapeake should follow their lead. "I think it's probably something that needs to be done." He then added that inspection fees could pay any program costs. "We have to look at the seriousness of what happened there. We have to look at the safety of the people around the tanks."

So what about the safety of the people who live around the tanks? What’s being done for them? Several residents who attended Wednesday's news conference were upset about what they called the city's lack of progress. Allied is paying the cleanup bill, which is already in the millions of dollars, but it is an ongoing process. About 200,000 gallons of liquid fertilizer has not been recovered, and may have flowed into the Elizabeth River. State environmental officials discovered high amounts of nitrate and ammonia in parts of the Elizabeth River after the collapse, but those amounts returned to pre-spill levels by March, according to DEQ tests.

U. S. officials have done water monitoring at two private wells, which showed no impact to drinking water. Allied also has done air monitoring at one residential property; they were originally concerned about people being exposed to ammonia vapors, but officials say that is not a concern anymore.

In the meantime, long-time South Hill resident Edora Mitchell waits for her now brown yard to be green again, and for the ditches near her home to be cleared of the liquid fertilizer. I know how toxic chemicals can affect a person’s well-being. I’ve seen it happen, many times. For now it’s a game of wait-and-see to determine if Chesapeake and Virginia will make the right decision.

Originally posted at InjuryBoard by Emily Mapp Brannon

Chesapeake Water Supply Contaminated With Fly Ash

Emily Mapp Brannon — Sun, 24 May 2009 14:10:00 GMT

A legal battle persists between 400 residents of Chesapeake, Virginia (VA) and Dominion Power due to fly ash contaminating the water supply surrounding the Battlefield Golf Course.

Dominion Power developed the golf course and used 1.5 million tons of fly ash as the foundation of the course, according to wvec.com. The residents claim the fly ash contaminated the well water and they are forced to bathe and brush their teeth in boiled water while only being able to drink purified water.

The lawsuit brought against Dominion by Chesapeake, Virginia (VA) residents is for over $1 billion dollars.

The lawsuit is legitimate considering in December of 2001, just a few months before fly ash first arrived at the Battlefield Golf Course, Dominion consultant URS Corp. reported that building the course on top of fly ash may pose environmental risks, according to The Virginian-Pilot.

Instead of spending money at that time to extend the public water lines around the course, Dominion officials put together "sophisticated" tests with enhanced modeling. The results found that using fly ash mixed with a type of binding agent should protect the groundwater, according to a consultant. Clearly Dominion failed to consider that should and will offer two completely different levels of assuredness.

The Environmental Protection Agency tested the water and studies revealed increased levels of arsenic, lead, manganese, chromium and other contaminants in groundwater under the golf course, according to The Virginian-Pilot.

Ironically, Dominion wound up spending $6 million dollars to extend the public water drinking lines in the area after concern was raised by Chesapeake residents.

My colleague John Cooper wrote an article about the toxic metal contaminants in the Chesapeake, Virginia (VA) water supply.

As a personal injury attorney, I get so frustrated when big corporations abuse their power and endanger the lives of innocent people. The contaminants found in the water supply in Chesapeake, Virginia (VA) are outrageous and the legal fight must continue. Dominion Power needs to be held accountable for their irresponsible actions.

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

Chinese-made Drywall is a Major Health Hazard

Rick Shapiro — Tue, 19 May 2009 13:02:00 GMT

U.S. Rep. Glenn Nye (D) of Norfolk, Virginia (VA) visited families driven out of their homes by toxic Chinese-made drywall, according to The Virginian-Pilot. Numerous lawsuits have been filed in Norfolk and Virginia Beach, Virginia (VA) due to this hazardous material.

Colleen Nguyen’s family was suffering major health problems potentially due to the toxic substances found in her home’s drywall. Nguyen’s 11-year-old daughter battled with consistent nosebleeds and a case of strep throat. Nguyen believes there are over 60 cases of toxic Chinese-made drywall in the Hampton Roads area of Virginia (VA).

Issues surrounding Chinese-made drywall are not relegated to Virginia (VA). This is potentially a nationwide problem. Time Magazine reported in March of 2009 about the possible ramifications of toxic Chinese-made drywall.

Drywall is made from gypsum, a soft mineral which is pressed in between thick layers of paperboard. The potentially toxic Chinese-made drywall material may have originated in at least one gypsum mine in China and possibly others, according to the Time article.

As a personal injury lawyer with over 20 years of experience, I recommend checking your drywall for toxicity. If you’re currently dealing with health problems or have encountered health problems, you need to not only consult your doctor to see if any correlation exists but also seek legal counsel.

You may have potentially toxic Chinese-made drywall if you encounter any of these elements, according to NBC News:

The smell of rotten eggs in your home
The back of the drywall has the KNAUF or Knauf Plasterboard, made in Tianjin.
Corroded copper coils in your air conditioner or black-colored coils
Chinese-made drywall is thinner and lighter than typical drywall

Originally posted at InjuryBoard by Rick Shapiro

Consumers Suffering Peanut Butter Salmonella Poisoning or Death Still Have Valid Claims Despite Bankruptcy Filing By Peanut Corporation

Jim Lewis — Sun, 15 Feb 2009 08:47:17 GMT

Consumers and/or persons suffering peanut butter related illness or wrongful death still have valid personal injury claims despite the bankruptcy filing of the Peanut Corporation of America (PCA). Most food companies have liability insurance to protect them from liability claims for food poisoning (or wrongful death from food contamination) such as peanut butter related Salmonella poisoning that is involved in the recent outbreak. In Virginia, as well as many states, sellers of food products, whether peanut butter or otherwise, must provide a warranty that is implied in the law, that it's food products are safe for human consumption. This is called an implied warranty of wholesomeness. Any time a Virginia company breaches its warranty to provide food products that are safe for human consumption, it may be sued under this food warranty, and in addition, under negligence law.

For my full article discussing this peanut butter/salmonella poisoning issue, click here.

One article on this network about the Texas peanut butter plant is here, and another about the Georgia plant and the PCA President's refusal to testify before Congress, is here.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia, near the North Carolina border, practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm's website is: hsinjurylaw.com, the firm edits two injury law blogs: Virginia Beach Injuryboard & Norfolk Injuryboard, and also hosts a video library.

Originally posted at InjuryBoard by Jim Lewis