Chinese Drywall at Center of Suit
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A couple from Holly Springs is suing a Moore County builder for problems they say the builder caused by using inferior Chinese-made drywall in their house.
Television reports of problems in other states led Mary and Dan Flannagan to think unexplained health and corrosion problems they were experiencing were caused by the drywall Stafford Custom Homes used in their new home.
"We knew that was our problem because the symptoms of the house and symptoms of health issues were exactly the same as ours," Dan Flannagan said in an e-mail to The Pilot. "They said it was inferior Chinese drywall. We had no idea of the problem until the first week of April. I came home from work, cut out a piece of drywall in the garage and it said 'Made in China,' with a horrible sulfur smell."
The Flannagans said they called the builder and were told the drywall used in their home had been made in China, according to Flannagan.
"After we told Shelby Stafford we found the problem, she acknowledged our house indeed was constructed of Chinese drywall," he said. "They then did not call us for seven to 10 days, so we filed the suit."
The Flannagans are worried others may unknowingly be about to face serious health consequences.
"We know that we are not the only people affected by this problem in N.C.," he said. "We are trying to get the word out to as many people as possible so they are not affected by the harmful fumes and suffer through the health issues that my wife and I have gone through."
Problems the Flannagans faced include copper corrosion seen in jewelry, air cooler coils and even guitar strings. Health issues include headaches, sore throats, and weariness.
"Mary has had pneumonia three or four times," Flannagan said. "Her tonsils were enlarged last spring. They were removed at age 35, and the doctor said he never saw anything like it (before). There were black holes on her tonsils, breathing issues."
Houses in Florida with similar problems needed to have the drywall removed, the insulation removed, and all wiring replaced, according to Flannagan.
"We want what we paid for, a house constructed of safe materials," Flannagan said. "Our contract states the house will be 'free from environmentally hazardous materials,' which obviously is not the case. We did file a lawsuit. ... We look forward to our day in court."
Their suit, filed earlier this month in Wake County, claims "the drywall contains sulfur and/or other organic compounds and emits ('off-gasses') chemicals capable of harming the health of individuals subjected to prolonged exposure"
It claims metals, particularly copper, are damaged by prolonged exposure as well, and that the chemical compounds "cause dangerous health consequences" like breathing and sinus problems, eye irritation and nose bleeds.
Stafford knew about the drywall problems and said nothing, according to the Flannagan's lawyer, Daniel K. Bryson. Their suit is asking for a jury trial on all issues that can be tried by a jury, wants punitive damages and, based on alleged deceptive trade practices, also seeks treble damages.
The Pilot was unable to reach Stafford Homes for comment.
Contact John Chappell at 783-5841 or by e-mail at jchappell@thepilot.com.
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