Judge Rejects Class-Action Status in FEMA Trailer Suits

December 31st, 2008

Imagine my shock.

The children who spent time in these trailers have been murdered, they just aren’t dead yet.

See:

Children in Katrina Trailers May Face Lifelong Ailments

FEMA Trailer Manufacturers Knew About Formaldehyde, Findings Went Undisclosed

Via: AP:

A federal judge on Monday refused to grant class-action status to lawsuits claiming that thousands of Gulf Coast hurricane victims were exposed to potentially toxic fumes while living in government-issued trailers.

U.S. District Judge Kurt Engelhardt ruled that a batch of lawsuits on behalf of hundreds of plaintiffs against the federal government and several trailer manufacturers can’t be handled as a class action because each person’s claim is unique and must be examined individually.

Government tests found elevated levels of formaldehyde in many of the trailers that housed victims of Katrina and Rita after those powerful hurricanes clobbered the Gulf Coast in 2005. Formaldehyde is a preservative that can cause breathing problems and is classified as a carcinogen.

Lawyers for the storm victims accuse trailer makers of using shoddy materials and building methods in a rush to meet the government’s demand for emergency housing for the displaced. The attorneys had argued that a class-action lawsuit would efficiently resolve all the cases from Louisiana, Texas, Mississippi and Alabama that Engelhardt is presiding over in New Orleans.

But the judge said the cases involve hundreds of trailer models made by dozens of companies and occupied by people with varying medical histories and symptoms.

“Each plaintiffs’ claims and alleged injuries will require an examination of individual evidence,” Engelhardt wrote in a 50-page ruling.

Tony Buzbee, one of the lead lawyers for plaintiffs, said he respects the judge’s decision but hasn’t ruled out an appeal.

“What it means is that we will try each of these cases individually,” he said. “We’re very excited about moving past this phase and getting some of this evidence before a jury.”

A Justice Department spokesman said he couldn’t comment on Engelhardt’s ruling because it involves ongoing litigation.

A lawyer for trailer makers didn’t immediately return a call for comment Monday.

The Federal Emergency Management Agency provided trailers or mobile homes to more than 144,000 families displaced by the 2005 hurricanes.

About a year ago, the U.S. Centers for Disease Control and Prevention tested the air quality in hundreds of occupied trailers and found formaldehyde levels that were, on average, about five times higher than what people are exposed to in most modern homes.

The symptoms reported by trailer dwellers include nausea, vomiting, difficulty breathing, skin rashes and ear infections.

Research Credit: ltcolonelnemo

2 Responses to “Judge Rejects Class-Action Status in FEMA Trailer Suits”

  1. Eileen says:

    Reading an article like this causes me to get so effing MAD. My sister died from inhaling asbestos sometime in her lfe somewhere about the age of 6 years. She died from mesothelioma when she was 32 years old. Asbestos inhalation was the cause of death.
    You must know Dick Cheney is one of my devils because he bought Dresser Industries which subsequently got slapped with billions in individual asbestos lawsuits that were grouped into a class action. My brother in law ruled that we would not sue. But Dick saved the Company by invading Iraq. And so there it is.
    This ruling SUCKS.
    U.S. District Judge Kurt Engelhardt, whoever he is, by his “*^&?ing ruling just sent down another reign of terror on the people of New Orleans that were devastated by Hurricane Katrina. Without class action stature they are doomed to a wending down, financially disastrous wending through the courts.
    Somebody needs to get me a rope because I really think I might find it in me to hang a few people.
    sorry.
    Its the same stuff all around these days. BLAME THE VICTIM. GRRARRAGH.

  2. anothernut says:

    @Eileen: it is indeed a “blame the victim” society here in America. Ironically, the only socially-sanctioned way to be exempt from that blame is to do exactly what you’re told, even if it means eating/drinking/breathing poison. I speak of the medical-industrial complex, and its orthodoxy of treatments that are for-profit, and ultimately not for-patient.

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