Is My Drywall Chinese? - HB Litigation Conferences

applicable standard of liability. Despite this additional complexity, the MDL should
prove to be an efficient and consistent procedure for defining the applicable standards
of care.
General Causation‐Property Damage In most reports, the emerging explanation of
the cause of the problem is the Chinese drywall contains sulfur compounds that in the
high moisture environments of the Gulf South undergo chemical and/or bacterial
reactions to produce hydrogen sulfide gas and sulfuric acid‐like compounds. These
byproducts produce the “rotten egg” smell and property damage described by the
affected homeowners. On the other hand, the manufacturers and their representatives
claim that the concentration of the sulfur‐containing compounds is far too low to
produce the scope of damage described and, therefore, there must be some other
cause. Thus, the MDL will be presented with classic general causation issues.
Do houses without Chinese drywall exhibit the same or similar property
damage?
Are houses with Chinese drywall experiencing the described property damage at
a greater rate than non‐Chinese drywall houses?
Is there a scientifically feasible mechanism by which Chinese drywall can produce
the described property damage?
Are there any scientific studies demonstrating that this mechanism is actually
occurring?
Are there alternate reasonable explanations for the described property damage?
Are there any scientific studies demonstrating that the alternate mechanisms are
occurring?
At the present time, most of the evidence is anecdotal with the scientific community
only beginning to weigh in. It appears that similar to the breast implant litigation much
of the science will be driven by the litigation and could result in contradictory studies,
reports and conclusions. Analyzing these will require specialized scientific knowledge
and a court appointed panel of experts may be appropriate to determine 1) whether
Chinese drywall is causing the described property damage, 2) how it is causing the
property damage, and 3) what property damage is attributable to the Chinese drywall.
General Causation‐Personal Injury In the current reports, most claims of personal
injury appear to be related to hydrogen sulfide inhalation. Hydrogen sulfide is a multi‐
system poison that can affect the nervous and respiratory systems. However, hydrogen
sulfide also occurs naturally in the environment and human intestines, and enzymes
produced in the human body are capable of detoxifying a certain amount of hydrogen