It seems thousands of United States homeowners claim that they are becoming sick as a result of defective Chinese drywall, claiming a “rotten egg” odor; headaches; nausea and vomiting; respiratory problems; and corrosion of metals in the home, including of jewelry, wiring, air conditioning units, and other appliances.

The Daily Herald points out that millions of gypsum sheets imported to the United States during the housing boom appear to have been contaminated with an array of sulfur compounds. The gypsum in drywall, which typically comes from mines, has recently come from a chemical process involving lime or limestone and gas from coal-fired power plants. Contaminants and sulfur found in power plant smokestacks are supposed to be removed in the process. Failure of proper removal is the cause of foul odors, respiratory complaints, and corrosion, according to some Chinese experts in building supplies. Others say phosphogypsum (calcium sulfate), a radioactive phosphorus substance, is to blame. Banned for use in U.S. construction in 1989, the Environmental Protection Agency (EPA) says prolonged exposure to this radium-contained element can lead to a higher risk of lung cancer. (more…)

Following an announcement this week regarding Chinese drywall litigation, the Miami Herald just announced that Florida State is sponsoring The Technical Symposium on Corrosive Imported Drywall to discuss the problem. The Symposium is scheduled in Tampa for Thursday and Friday.

The prior announcement—a one-time offer made by Knauf Plasterboard (Tianjin) Co., Ltd.—is expected to do much to streamline the process for suing the major drywall manufacturer. As we wrote, to take advantage of this one time offer, Chinese drywall claimants must sign on to an omnibus class action lawsuit by December 2, 2009. (more…)

Medical journals have been asked to retract 21 studies that touted the benefits of Vioxx, Celebrex and other drugs. According to The Wall Street Journal, Baystate Medical Center, Springfield, Mass. is asking the journals to make the retractions because its former chief of acute pain, Dr. Scott S. Reuben, had faked data used in the studies.

In addition to Vioxx and Celebrex, some of the 21 studies involved the fibromyalgia drug Lyrica and the antidepressant Effexor XR. Reuben’s study claimed to show that these drug worked well as painkillers, the Journal said. All of the studies were published between 1996 and 2008. (more…)

Problems with defective Chinese drywall in Florida have led to two separate lawsuits.  Late last week,  the Bonita Springs law firm of Parker Waichman Alonso LLP filed a class action lawsuit on behalf of Florida consumers whose homes were ruined by the defective Chinese drywall.  Meanwhile, Miami-based Lennar Homes, the builder at the center of many drywall complaints, has  sued the manufacturer of the material, as well as the supplier and contractors who installed it.

Over the past several months, owners of newer homes in South Florida have been complaining of drywall that smells like rotten eggs. In several cases, they have had to leave their home because the smell was so bad.  In addition to the putrid smell, many South Florida homeowners have reported problems with air conditioning and other systems that are likely related to the defective Chinese drywall.  Some spent hundreds – even thousands of dollars – to have air conditioning, pipes and wiring repaired. (more…)

Louisiana Citizens Property Insurance Corp. has agreed to pay $35 million to settle two class action lawsuits over its slow response to Hurricanes Katrina and Rita in 2005.  The Louisiana Citizens Property Insurance Corp., the state’s insurer of last resort, voted yesterday to set aside funds to pay the settlements, however, the company has not admitted any fault.

According to the New Orleans Times-Picayune, the funds will settle Adrian Chalona v. Louisiana Citizens and Toni Swain Orrill v. Louisiana Citizens.  Both lawsuits alleged that the insurer failed to provide a written offer to settle Katrina and Rita claims within 30 days of being notified of losses.   (more…)

An Ohio woman claims her Victoria’s Secret bra left her with a painful rash, and is suing the lingerie company.   Now, hundreds of other women have come forward to allege similar experiences, and attorneys are seeking class action status for the Ohio lawsuit.

Roberta Ritter, 37, claims she became “utterly sick” after she wore her new Angels Secret Embrace and Very Sexy Extreme Me Push-Up bras.  In her lawsuit, the plaintiff said the rash she suffered was “red hot to the touch, burning and itching.”   (more…)

Just as Vioxx maker Merck gets closer to settling thousands of lawsuits against the defective pain reliever, reports have surfaced that a grand jury is investigating the company over the way it marketed Vioxx. According to the Wall Street Journal, the health-care-fraud unit of the U.S. Attorney’s Office for the District of Massachusetts is investigating whether Merck promoted Vioxx to health-care professionals for uses other than those approved by government regulators, a practice known as off-label marketing.

Vioxx was removed from the market in 2004, after a Food & Drug Administration (FDA) study estimated that the defective drug could have contributed to 27,785 heart attacks and sudden cardiac deaths between 1999 and 2003. After Vioxx was pulled from the market in 2004, it was revealed that the FDA had tried to silence the drug expert who headed that study. Dr. David Graham, associate director for science in the FDA Drug Center’s Office of Drug Safety, told Senate investigators that he had been subjected to veiled threats and intimidation when he informed the FDA of his findings. (more…)

Vioxx plaintiffs in Florida are petitioning a federal court to expand Merck’s proposed $4.85 billion settlement to include those who did not file suit against the company by Nov. 9, 2007.  But many lawyers involved in the Vioxx settlement oppose the petition, fearing that adding more plaintiffs to the Vioxx settlement would lessen the awards each eligible participant would receive.  However, if the situation is not resolved, Vioxx patients who did not file suit against Merck by the November 9 deadline could still bring their own lawsuits.  But that means Merck’s Vioxx troubles – which the $4.85 billion settlement was supposed to resolve – would be far from over.

Vioxx was approved for use in 1999, and quickly became a blockbuster for Merck, with annual sales of $2.5 billion. The Food & Drug Administration ordered the painkiller off the market after an analysis of patients using Vioxx linked the defective drug to more than 27,000 heart attacks or sudden cardiac deaths in the U.S. from 1999 through 2003. (more…)

Vioxx maker Merck will spend $4.85 billion to settle a significant number of lawsuits filed against it for injuries caused by the painkiller. Under the agreement, which was announced late yesterday, Merck will set up two separate settlement funds to cover heart attack and stroke claims filed over Vioxx. The development is a surprising one, considering that until very recently Merck had vowed to fight every one of the 27,000 cases filed against Vioxx individually.

In order to be eligible for the settlement, Vioxx claimants will have to enter into a resolution process. Merck will set up a $4 billion fund for people who claim they suffered heart attacks as a result of Vioxx, and another $850 million fund for those who suffered ischemic strokes. The settlements will be awarded on an individual bases, and the amount of money each plaintiff ultimately receives will vary. Merck said that at this time, it has not determined how many former Vioxx users might be covered by the agreement.

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