MARCH 3, 2015
A federal judge has ruled that Barnhardt Manufacturing Co. will face a consumer frauds class action lawsuit filed by a Pennsylvania couple who allege the spray polyurethane foam insulation (SPF) “remains toxic” after installation.
Specifically, Daniel and Paula Slemmer Slemmer, who filed the lawsuit, allege the insulation is a health hazard to people living in homes that have the insulation. In addition to the manufacturer, the certified installer, McGlaughlin Spray Foam Insulation Inc, is also named as a defendant in the class action.
According to the lawsuit, filed in the Eastern District of Pennsylvania, class members “have developed a significantly increased risk of contracting a serious latent disease” due to the insulation, which has resulted in “off-gassing, damaging the real and personal property of plaintiffs and class members and/or caused personal injuries resulting in eye irritations, sore throats and cough, nausea, fatigue, shortness of breath, and/or neurological harm.”
The U.S. Environmental Protection Agency has warned consumers of the potential health risks of exposure to SPF chemicals, which include headaches, respiratory issues, neurological issues, and eye, nose and throat irritation. The agency also says that improperly applied SPF chemical contaminants may migrate to other parts of the structure and cause damage as well as residual odors, according to the complaint.
The Slemmers contend that the only remedy for the “highly toxic” insulation is its complete removal of the SPF. They assert claims against Barnhardt and McGlaughlin for negligence, strict liability, breach of warranty, unjust enrichment and violation of Consumer Protection Acts, seeking equitable and injunctive relief, as well as medical monitoring.
The plaintiffs are represented by Jonathan Shub and Christopher A. Seeger of Seeger Weiss LLP.
As always, the lawyers will get rich and the consumers will get peanuts, if anything.
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Two homeowners have filed a national defective products class action lawsuit against NCFI Polyurethanes and McGlaughlin Spray Foam Insulation Inc. The lawsuit contends that the companies manufactured and installed toxic insulation that can harm property and cause adverse health problems in people exposed to the product.
Specifically, the lawsuit, entitled Slemmer et al. v. NCFI Polyurethanes et al., Case No. 12-cv-06542, US District Court for the Eastern District of Pennsylvania, alleges the companies sold toxic and defective spray polyurethane foam (SPF) insulation that emits toxic chemicals into the air. Although the foam was marketed as nontoxic and safe, it continues to emit toxic chemicals after installation through a process known as “off-gassing,” the plaintiffs claim. Further, the lawsuit contends that the only way by which to end the problem is to remove the foam entirely.
According to the lawsuit “When applied, the resulting polyurethane foam is supposed to become inert and nontoxic.” It also states “But SPF remains toxic after installation because either, as designed, it is impossible to become inert and nontoxic even under optimal conditions; or proper installation (and thus nontoxicity) is nearly impossible given the exacting set of installation requirements and inadequate training and installer certification methods.”
According to the US Environmental Protection Agency, SPF chemicals can cause numerous health problems including headaches, respiratory problems, neurological issues and eye, nose and throat irritation. Furthermore, SPF chemicals can spread to other parts of the home, causing damage and residual odors, the lawsuit claims.
The lawsuit also alleges the SPF insulation contains aromatic isocyanate, which is classified as hazardous by the Occupational Safety and Health Administration. Repeated exposure to aromatic isocyanate can cause respiratory injuries and eye and skin irritation. The foam also contains other toxic chemicals such as formaldehyde and a flame retardant known as chlorinated tris, which is banned in children’s products, according to the lawsuit.
The lawsuit contends that the defendants’ misrepresentation of the safety of SPF constitutes fraudulent concealment. They are also asserting claims of negligence, strict liability, breach of warranties, unjust enrichment and violations of consumer protection laws.
The toxic SPF insulation class action lawsuit is brought on behalf of all homeowners nationwide whose homes contained SPF that was manufactured, sold, distributed or supplied by NCFI, as well as subclass of persons who owned or resided in property containing SPF foam that was sold, supplied, marketed, delivered or installed by McGlaughlin.