Chinese Dry Wall – Germano Case

From 2004 through 2006, the housing boom and rebuilding efforts necessitated by various hurricanes led to a shortage of construction materials, including drywall. As a result, drywall manufactured in China was brought into the United States and used in the construction and refurbishing of homes in coastal areas of the country, notably the Gulf Coast and East Coast.

Sometime after the installation of the Chinese drywall, homeowners began to complain of emissions of smelly gasses, the corrosion and blackening of metal wiring, surfaces, and objects, and the breaking down of appliances and electrical devices in their homes. Many of these homeowners also began to complain of various physical afflictions believed to be caused by the Chinese drywall. Accordingly, these homeowners began to file suit in various state and federal courts against homebuilders, developers, installers, realtors, brokers, suppliers, importers, exporters, distributors, and manufacturers who were involved with the Chinese drywall. Because of the commonality of facts in the various cases, this litigation was designated as multidistrict litigation pursuant to 28 U.S.C. § 1407.

This Document Relates to Germano, et al. v. Taishan Gypsum Co. Ltd., et al., case no. 09-6687.

United States District Judge Fallon, of the Eastern District Court of Louisiana ruled on April 8, 2010 awarding all seven Plaintiff intervenor families monetary damages for their losses caused by the defendant Taishan in the total amount of $2,609,129.99.

Based upon the Findings of Fact and Conclusions of Law, the Court found that scientific, economic, and practicality concerns dictate that the proper remediation for the Plaintiff-intervenors is to remove all drywall in their homes, all items which have suffered corrosion as a result of the Chinese drywall, and all items which will be materially damaged in the process of removal.

The court document specifies general scientific findings on Chinese drywall which distinguish it from typical, benign drywall as the following:
1. Chinese drywall has a significantly higher average concentration of strontium and significantly more detectable levels of elemental sulfur.
2. Chinese drywall releases reduced sulfur gases.
3. The sulfur gases released by Chinese drywall are irritating to the human body. Exposed individuals reported irritation of the eyes, respiratory system, and skin, among other things.
4. The sulfur gases released by Chinese drywall cause offending odors in homes, making them hard if not impossible to live in.
5. The sulfur gases released by Chinese drywall are corrosive to metals, particularly copper and silver.
6. The corrosion on metals caused by the sulfur gases emitted by Chinese drywall causes premature failure of electrical & mechanical devices.
7. The corrosion on metals caused by the sulfur gases emitted by Chinese drywall poses a fire risk

Read the FINDINGS OF FACT & CONCLUSIONS OF LAW (108 pages, 418KB)

For more on Chinese Drywall, follow this link: http://www.chinesedrywall.com/index.html