Source: http://www.bigclassaction.com, July 15, 2013
A federal judge has ruled that Barnhardt Manufacturing Co. will face a consumer fraud 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.