Houston Personal Injury Lawyer - Toxic Substances

Senators Seek Ban on Chinese Drywall

Scott Kappes — Wed, 08 Apr 2009 16:42:42 GMT

U.S. Senators Bill Nelson (D-Fla.) and Mary Landrieu (D-La.) have introduced a bill to Congress that calls for the recall of Chinese drywall that has been the source of damage to thousands of homes in recent years. The defective Chinese drywall contains sulfur compounds that are allegedly emitted from the plasterboard in conditions of high heat and humidity, an unavoidable condition in many southern states.

The sulfurous compounds emitted from the defective drywall cause corrosion of copper and other metals leading to costly repairs for homeowners. Some homeowners have had to replace their air conditioning units numerous times in a period of only a few years due to heavy corrosion of the copper found within the units. Others have seen problems with electrical wiring and electrical equipment failure as a result of corrosion.

Most incidents of Chinese drywall home damage have been found in Florida, but others have surfaced in Georgia, Virginia and even Texas.

Traditionally drywall used in American homes has been produced in the United States; however, between 2004 and 2006 a shortage of American-made drywall found some builders exploring other procurement avenues, namely China.

While home damage from Chinese drywall has been a hot topic of conversation since problems first became national news in January, even more concerning are reports of individuals suffering from physical ailments after living in homes fitted with the Chinese drywall.

No definitive evidence has come to light that confirms Chinese–made drywall as a source of respiratory problems in individuals living in these homes, but many suspect it is only a matter of time before a link is established. It easily conceivable that if the fumes or odors coming from the defective drywall can corrode wiring enough to cause serious damage to homes, these same emissions could be detrimental to the health of the human.

Florida’s health department and the U.S. Consumer Product Safety Commission (CPSC) are conducting probes into possible health risks associated with Chinese drywall.

A class-action lawsuit has been filed against one Chinese drywall manufacturer, Knauf Plasterboard Tianjin Co. Ltd. of Tianjin. The lawsuit alleges that the defective Chinese drywall has caused extensive damage and rendered 60,000 homes in 13 Sunbelt states uninhabitable.

Has your home damaged or have you experienced health problems that you believe to be associated with Chinese drywall in your home?

Contact one of our Chinese drywall attorneys for a free consultation.

Originally posted at InjuryBoard by Scott Kappes

Children's Products Will Soon Face New Lead Regulations

Scott Kappes — Tue, 20 Jan 2009 17:03:21 GMT

On February 10, 2009 the U.S. Consumer Products Safety Commission’s Consumer Products Safety Improvement Act will begin to go into effect. New lead standards will be one major accomplishment of the Act. The new lower levels of lead standards will be phased in over a three year period and will lower the acceptable levels of lead for children’s products by an additional 80 percent over that period.

When the new regulations go into effect next month the sale of products that contain over 600ppm of lead and are designed for children 12 years of age and younger will be prohibited. Violators of these regulations could face stiff civil penalties and even criminal liability.

On August 12, 2009 standards for acceptable amounts of lead for these products will again be lowered to from 600ppm to 300ppm. By August of 2009 the Commission plans to have the limit lowered to 100ppm, unless it is determined that this is not a technologically feasible limit.

New regulations will also be applied to acceptable amounts of lead that may be included in paint. By August 14, 2009 lead paint or other similar surface coatings containing more than 90ppm will be banned for use in the United States. This will be an 85 percent reduction in the acceptable amount of lead that may be contained in paints.

While this legislation will not solve all of the problems with our current system it is a step in the right direction. Consumers have been getting the short end of the stick for many years when it comes to product safety, but hopefully with introduction of this and other legislation over the coming years we will be able to feel more confident that the products purchase and use on a regular basis are safe for both adults and children alike.

Originally posted at InjuryBoard by Scott Kappes

Ike’s Aftermath: Carbon Monoxide from Generators Can Kill in Minutes

Scott Kappes — Fri, 19 Sep 2008 16:35:34 GMT

As we all work to recover from the devastation caused by Hurricane Ike it is important to follow some simple safety guidelines to keep you and your family safe. Several people in the Houston and Galveston area have already died from carbon monoxide poisoning resulting from the use of gasoline powered generators. Generators can quickly produce deadly amounts of carbon monoxide. Carbon monoxide is a colorless, odorless gas that can quickly kill you and your family in matter of minutes.

Portable generators should never be used indoors; this includes the garage. It is also important to remember that dangerous carbon monoxide can enter the home through open windows, even if the generator is being used outside.

The U.S. Consumer Product Safety Commission recommends that those who are using portable generators install CO alarms with battery backup inside the home, especially in sleeping areas.

With over 1 million people still without electricity and thousands depending on portable generators for their only source of power in the Houston area carbon monoxide poisoning is a very real danger and should not be taken lightly.

For more information on generator safety and Hurricane safety tips visit the CPSC website.

I wish everyone in Houston, Galveston, and the surrounding communities a speedy recovery.

Originally posted at InjuryBoard by Scott Kappes

CPSC Offers Safety Tips in the Aftermath of Tropical Storm Fay

Scott Kappes — Fri, 22 Aug 2008 18:25:54 GMT

As everyone knows residents of south Florida were recently pounded by rain from tropical storm Fay. Much of the region has experienced flooding and suffered from widespread power outages in the wake of the storms’ brutal assault of Florida. The U.S. Consumer Products Safety Commission have posted some safety tips on their website for the victims of Fay.

Many people will use portable gas generators to restore temporary power to their homes and businesses but the CPSC warn that these generators could pose serious health risks if not use properly. Gas powered engines produce large amounts of colorless and odorless carbon monoxide, and if these generators are used improperly the poisonous gas could kill you and your family in matter of minutes.

A Porter Novelli "Healthstyles" surveys* of more than 10,000 adults found dangerous misconceptions about generator safety. The surveys found that most respondents (62 percent) believe it is safe to run a generator in a garage as long as the garage door is open. Many (47 percent) also believe it is safe to run a generator in a basement as long as a window is open. But both scenarios have caused deaths. CPSC records show that there were nearly 100 generator-related deaths due to CO poisoning in 2005.

The commission also cautioned victims of Fay to be wary of appliances that may have gotten wet as this may greatly increase the risk of electrocution. The CPCS advises those who have experienced flooding to have their homes and businesses evaluated by a professional and to replace any type of electrical or gas components that have gotten wet before attempting to use these resources.

Originally posted at InjuryBoard by Scott Kappes

Artificial Turf Cited For Lead Risks

Scott Kappes — Thu, 26 Jun 2008 13:53:45 GMT

Lead seems to be showing up everywhere in recent months. We have seen excessive amounts of lead in everything from charms and pendants to toys and clothing. Now artificial turf used on all types of indoor and outdoor playing fields and surfaces have joined the list of lead culprits. This week a California based environmental organization, Center of Environmental Heath, filed legal action in the state of California demanding that 15 retailers and manufacturers to stop selling and producing the artificial turf containing lead.

The center conducted tests of more than 50 samples of artificial turf obtained from a variety of outlets, including Home Depot, Ace Hardware Corp., Orchard Supply Hardware and Lowe's Companies, as well as carpet retailers and Bay Area turf installers.

Artificial turf has become increasingly popular over the past several years and many fields and play areas have made the decision to switch to the low maintenance product. Currently there are over 3,500 artificial turf playing fields scattered throughout the nation, with 800 additional fields being built each year.

"Parents see their kids playing on artificial turf and they expect the turf to be safe," said Michael Green, executive director of the Center for Environmental Health. "But we found that artificial grass and turf can pose a real health threat to children. You may not have to mow it or water it, but unfortunately you do have to test it for lead."

The legal action follows the Consumer Products Safety Commission’s decision to launch an investigation into the matter this spring. The results of the investigation are expected to be available by the end of next month. The Center for Disease Control and Prevention (CDC) also expressed concern over the amount of lead in some artificial turf in a June 18 health advisory issued by the organization.

Health experts take seriously the health effects of lead exposure, particularly in children. The Centers for Disease Control estimates that more than 300,000 U.S. children have elevated blood levels of lead. It harms the nervous system, and studies show it can also impair the immune system. Excess lead exposure in children is linked to lowered IQ and test scores, memory problems, hyperactivity and behavioral problems, including juvenile delinquency. In adults, it's associated with cardiovascular disease, high blood pressure and kidney failure in those with chronic kidney disease, as well as with Lou Gehrig's disease.

This should be disturbing news for parents throughout the nation. Our children are the most important thing in the world to us and it is very alarming that the ground that our children play sports and other activities on may actually be detrimental to their well being.

The CDC advised washing hands and clothing after playing on artificial turf to reduce the risk of exposure to lead. The agency also advised eating or drinking from containers left open on or near the field.

Originally posted at InjuryBoard by Scott Kappes

Contaminated Surgical Instrument Lawsuit Alleges Conspiracy

Scott Kappes — Tue, 24 Jun 2008 16:59:09 GMT

In late 2004 about 3,800 surgery patients at Durham Regional and Duke Health Raleigh Hospitals were exposed to surgical equipment that had been mistakenly washed in used hydraulic fluid. Empty detergent drums had been used to store fluid removed from the hospital elevators. Detergent suppliers then erroneously shipped the same drums back to the hospitals as new detergent. Dozens of patients have made claims that they have suffered injuries brought about by being exposed to the tainted surgical equipment.

Duke Health officials have maintained the instruments were safe because they were sterilized after being washed in the hydraulic fluid.

In a lawsuit filed Tuesday, sixty-seven patients alleged that Steris Corp. and Cardinal Health, the companies that supplied the hospitals with sterilization equipment, were negligent, employed deceptive trade practices, and were involved a conspiracy to cover up the incident.

"We were able to reach a settlement with Duke," said Thomas Henson, a lawyer for the patients. "Our clients are depending on us to hold the remaining defendants ... fully accountable for their conduct in exposing hundreds of patients to extremely dangerous material in a health-care and operating-room setting."

The lawsuit claims that the hospital system and the two companies acted jointly to destroy evidence and stonewall patient requests for information, among other inappropriate actions in an effort to reduce liability.

The defendant companies declined to comment on the pending litigation.

Originally posted at InjuryBoard by Scott Kappes

Pollution Increases Risk of Deep Vein Thrombosis

Scott Kappes — Tue, 13 May 2008 20:06:00 GMT

It is no secret that pollution makes a detrimental impact on health, but a new study has now linked pollution to an increased risk of deep vein thrombosis (DVT). Deep vein thrombosis occurs when the blood becomes thick and begins to form a clot, usually in the veins of the lower leg and thigh. These clots can then travel through the blood stream to different organs and prevent blood behind the clot from reaching the organ. When this occurs in the lungs for instance, it is known as a pulmonary embolism and can also result in a heart attack or stroke.

The study examined 870 people diagnosed with DVT over the decade spanning 1995 to 2005; looking at their particulate air pollution exposure the year before they were diagnosed. These findings were compares with just over 1200 people who had not been diagnosed with DVT. The results were shocking.

The researchers found that individuals with DVT tended to have a higher exposure to particulate air pollution than controls. To be more specific, they found that for every 10 micrograms per square meter increase, the risk of developing DVT went up by 70 percent. Men were more likely than women to suffer from exposure to polluted air.

Experts estimate today that particulate matter is the 13^th ranked cause of death world wide, totaling about 800,000 thousand deaths per year. We must do something to combat this number, and we must do it soon.

Originally posted at InjuryBoard by Scott Kappes

Lawsuit Filed Over Nalgene BPA Containing Bottles

Scott Kappes — Thu, 24 Apr 2008 13:39:03 GMT

On Tuesday the first consumer class action litigation was filed against Nalge Nunc International Corp, alleging that the company knew about the dangers of Bisphenol A or BPA but continued to produce their popular sports bottles with the toxic ingredient. Studies have linked BPA to hormone disruptions, infertility, early puberty, and cancer.

Last week Canadian authorities moved to ban baby bottles containing BPA due to safety concerns. Unites States officials also have expressed concern in recent weeks. Retail giant Wal-Mart announced this week that they will be immediately removing all bottles containing BPA from their shelves in Canada, and will be phasing out the products over the next year in the U.S.

The lawsuit was brought by Lani Felix-Lozano, who said she bought the company's reusable beverage containers for herself and her two daughters, now ages 11 and 13, for several years.

The lawsuit does not specify the ailments suffered as a result of the BPA products and specific damages are not outlined. Some scientists and industry groups have defended the safety of BPA, claiming that there is no conclusive evidence that BPA exposure at low levels.

Originally posted at InjuryBoard by Scott Kappes

Concerns Grow Over BPA Bottles

Scott Kappes — Thu, 17 Apr 2008 12:48:30 GMT

Both U.S. and Canadian health authorities have shown an increased concern this week over a popular chemical used in many different plastic products. The chemical, Bisphenol A or BPA, has been suspected by some to be linked to problems in human development. The U.S. department of Health and Human Services has said in a new report that this link cannot be ruled out at this time. However, the evidence does not paint a clear picture of the risks associated with BPA.

In lab studies exposure to high concentrations of BPA has been shown to be a problem in animals, but exposure at the levels that a human might be exposed to is much more difficult to assess. BPA is released from plastic when the plastic is heated. The common suspicion is that exposure BPA as an infant, possibly from a baby bottle, may lead to prostate or mammary problems in later life. Many believe exposure of this nature may also increase the risk of developing cancer.

The American Chemistry Council, an industry group, said the chemical doesn’t present major risks. Two federal reports last year concluded that the chemical was safe, though those were criticized for using data generated by the chemical industry, the WSJ reports.

Meanwhile, Canadian retailers are pulling water bottles and food storage containers off the shelves, a day after the Globe and Mail reported that Health Canada, the Great White North’s FDA, is set to label the chemical as a dangerous substance.

Concerned parents and consumers can limit their exposure to BPA by purchasing items labeled BPA free. These items may cost a little more but are becoming more readily available. Not heating BPA containing plastics will also reduce the risk exposure to higher concentrations of BPA.

Originally posted at InjuryBoard by Scott Kappes