[OEM List] AP: Court nixes suit on CHO in Katrina FEMA trailers

[Guest guest]

--Forwarded Message Attachment--Subject: AP: Court nixes suit on CHO in Katrina FEMA trailersFrom: gngreenberg@...Date: Sun, 27 Sep 2009 02:24:52 -0400Jurors: FEMA trailer didn't expose family to fumes http://hosted.ap.org/dynamic/stories/U/US_TOXIC_TRAILERS By MICHAEL KUNZELMAN (AP) – 2 days ago NEW ORLEANS — A federal jury on Thursday rejected a New Orleansfamily's assertions that the government-issued trailer they lived inafter Hurricane Katrina exposed them to dangerous fumes, in the firstof several trials that could lead to hundreds of similar claims beingresolved. Five men and three women decided that a trailer made by Gulf StreamCoach Inc. and occupied by Alana and her 12-year-old son, , was not "unreasonably dangerous" in itsconstruction. One juror saying the plaintiffs' attorneys never had the"smoking gun" that proved their case. The jury also concluded that Fluor Enterprises Inc., which had acontract to install FEMA trailers, wasn't negligent. The federalgovernment wasn't a defendant in this first of several "bellwether"trials, which are designed to help the New Orleans court test themerits and possibly settle of other claims over formaldehyde exposurein FEMA trailers. Lawyers on both sides wouldn't speculate on how the verdict couldaffect other cases. A law professor who specializes in toxic tortcases said verdicts in bellwether trials can steer parties toward amass settlement of similar claims. and lived in a FEMA trailer for 19 months afterHurricane Katrina damaged their home in August 2005. 's lawyers claimed elevated levels of formaldehyde aggravated's asthma and increased his risk of getting cancer.Formaldehyde, a chemical commonly found in construction materials, cancause breathing problems and has been classified as a carcinogen. Plaintiffs' attorneys accused Gulf Stream and other trailer makers ofusing shoddy materials and methods in a rush to meet the FederalEmergency Management Agency's unprecedented demand for temporaryshelters after hurricanes Katrina and Rita. Gulf Stream denied itstrailer jeopardized the health of and her family. A companylawyer also noted that took her son off a steroid medicationfor his asthma for more than two years. ... But lawyers typically wait for several cases to be tried, he said. Forexample, Merck Inc. had won 10 of 15 federal and state court verdicts— including four of five in federal court — when it agreed to a $4.85billion settlement with people who had suffered heart attacks orstrokes after taking its painkiller Vioxx for at least 30 days. Before the trailer trial started, U.S. District Judge Kurt Engelhardtruled that a two-year statute of limitations bars 's claimsagainst the government. Pierce said he doesn't know if the jury wouldhave reached a different verdict if the government hadn't beendismissed from the lawsuit. "It was a tough decision," he said. "It wasn't simple." 's trailer was made in 2004 for FEMA to use after a hurricanein Florida, but it wasn't occupied until her family moved in afterKatrina. Weinstock said during his closing arguments that Gulf Streamwasn't obligated to build a "perfect product." "It's a nice piece of equipment. It's not the Taj Mahal," he said ofthe travel trailers, which are smaller than mobile homes. Plaintiffs' attorney Mikal Watts said Gulf Stream made an"unreasonably dangerous" trailer and Flour compounded the formaldehyderisks by improperly installing it. FEMA relied on the companies toprovide safe shelters, Watts added. "ly, I think they were trying to clean up somebody else's mess,and they should not be held responsible," Watts said of FEMA. Weinstock told jurors that formaldehyde is found in safe levels inmany products, including cosmetics, foods and shampoo. He downplayedthe link between formaldehyde and cancer, saying only one scientificgroup has classified the chemical as a carcinogen. Government tests on hundreds of trailers in Louisiana and Mississippifound formaldehyde levels that were, on average, about five times whatpeople are exposed to in most modern homes. FEMA downplayedformaldehyde risks for months before those test results were announcedin February 2008. "If these trailers weren't dangerous, would there be 30,000 of themsitting in a field?" plaintiffs' attorney Tony Buzbee said. -- Greenberg, MD MPH Sysop / Moderator Occ-Env-Med-L MailListUniv. N. Carolina School Public HealthMedical Director http://www.UrbanMin.orgUrban Ministries of Wake County Open Door Clinic http://www.OpenDoorDocs.orgGNGreenberg@... http://occhealthnews.net--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------SOURCE: OCC-ENV-MED-L Digest for Sunday, September 27, 2009