Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

The U.S. Consumer Products Safety Commission has identified the manufacturers of the Chinese drywall that thousands of homeowners say has ruined their homes and their health. Enough toxic drywall to build 30,000 homes entered U.S. ports from China during the post-Katrina building boom of 2006 and 2007. People in as many as 18 states claim that the drywall has sickened them with a slew of respiratory problems while corroding their homes’ electrical wiring, air conditioning units, and other household systems.

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The federal government has launched a new section of its web site called the Drywall Information Center. The agency developed the section in an effort to field consumer questions and complaints about the influx of tainted Chinese-made drywall to the U.S. that occurred in 2006 and 2007 when domestic drywall supplies ran low.

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In the 1970s, a blockbuster movie popularized the apocalyptic theory that radioactive material from a nuclear meltdown could burn through the earth’s core and resurface on the other side of the world. Today, the words “China Syndrome” could be an accurate description of the influx of dangerous consumer products flooding the U.S. market from overseas and China in particular – products such as toxic Chinese drywall, which builders and suppliers imported during the 2006-2007 building boom and post-Hurricane Katrina reconstruction efforts. These products, analysts are coming to understand, threaten to harm more than the American consumer and his wallet.

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Congress, the U.S. Consumer Products Safety Commission, the Environmental Protection Agency, the Centers for Disease Control and Prevention, and a spectrum of state and consumer agencies are scrambling to unravel the mystery behind tons of toxic drywall that importers brought into the country from China. Enough drywall to build 30,000 homes entered U.S. ports from China in 2006 and 2007. Now, people in as many as 18 states claim that the drywall is making them sick while corroding their homes’ electrical wiring, air conditioning units, and other household systems.

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Following an outbreak in October 2007 of salmonella poisoning linked to Banquet brand chicken pot pies, ConAgra, the manufacturer of the pies, immediately began talking food safety. But instead of assuming responsibility for manufacturing a contaminated product that sickened as many as 15,000 people, ConAgra suggested that killing any salmonella bacteria in its products before eating them was ultimately the consumers’ responsibility.

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The U.S. Food and Drug Administration (FDA) issued a Class 1 recall of electronic infusion pumps designed to deliver controlled amounts of medications or fluids to patients through intravenous, intra-arterial, or epidural administration.

Class 1 recalls are the most serious type of recall issued by the agency and involve situations where there is a reasonable probability that the use of the product will cause serious injury or death.

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Nearly everyone who has filed an insurance claim has played that exasperating game of tug of war with the adjuster on the other line who digs his feet in and won’t issue a check without a fight. The battle usually takes place over questions of liability, but interpretation of the policy can sometimes be a factor. Should your claim involve complex and easily misinterpreted terms such as “fire” and “smoke,” you had better watch out.

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