How would you feel if you’d just bought a home, then found that the joists—the horizontal beams that hold up your walls and ceilings—were off-gassing formaldehyde, a poisonous substance that could lead to an increased risk of cancer or leukemia for your family? That’s the situation that the Esanbocks, plaintiffs for this class action, say they found themselves in.
The class for this action is all persons or entities who own or have signed contracts to purchase homes or structures in the US in which Weyerhaeuser TJI Joists with Flak Jacket Protection are or were installed.
The Esanbocks’ new home in Savage, Minnesota was built in 2017 using Weyerhaeuser Flak Jacket Joists, which were coated with formaldehyde resin. The couple and their two children moved into it in April 2017, but, according to the complaint, every time Ms. Esanbock entered the basement, she experienced symptoms such as stinging, watery eyes. In late July, the complaint says, the home’s builder informed them that the Weyerhaeuser joists had been found to be off-gassing formaldehyde. The family moved out into temporary housing the next day, and the complaint alleges that a test performed on the home showed excessive formaldehyde levels above OSHA safety levels.
Another of the plaintiffs, Christopher Spinks, claim to have had a similar experience with his 2017 home in Shakopee, Minnesota, which was also built with the Weyerhaeuser joists. According to the complaint, Spinks set up an office in the basement of the home, but after spending time there, he showed symptoms consistent with formaldehyde exposure, such as burning eyes and irritated nose and throat. After he and his wife moved out of the home, they had tests performed that the complaint claims found formaldehyde levels of over 500 times the standard in the basement and 70 times the standard in the living area.
According to the complaint, a third plaintiff, Kevin Swehla, was about to close on a new home when the process was indefinitely delayed by the announcement that the Weyerhaeuser joists had to be replaced.
Weyerhaeuser warranted the joists against manufacturing defects for “the lifetime of the structure” for up to three times the costs of the joists, but the complaint alleges that this is not nearly enough to cover the costs of replacing the joists, monitoring formaldehyde levels, and monitoring the health of those who have lived in the houses. The company has stopped making and selling the joists, has admitted problems with the coating in a press release, and claims to be working with homeowners to address the problem, but, the complaint says, the company’s offers are insufficient. For example, the complaint claims that its remediation option is simply to paint over the joists, which the company claims will bind the formaldehyde and reduce emissions, but which other experts in the building trades say will not be adequate.
The complaint points out that the problem has already cost homeowners money because they must still pay for their homes while they are unable to live in them and has also lowered the value of the homes themselves.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Weyerhaeuser Formaldehyde Off-Gassing Flak Jacket Joists Complaint
August 11, 2017
The Esanbocks’ new home in Savage, Minnesota was built in 2017 using Weyerhaeuser Flak Jacket Joists, which were coated with formaldehyde resin. In late July, the complaint says, the home’s builder informed the family that the Weyerhaeuser joists had been found to be off-gassing formaldehyde. The family moved out the next day, and the complaint alleges that a test performed on the home showed excessive formaldehyde levels above OSHA safety levels. Weyerhaeuser has stopped making the joists, has admitted problems with the coating, and claims to be working with homeowners to address the problem, but, the complaint says, the company’s offers are insufficient.
defective_house_joints_complaint.pdfCase Event History
Weyerhaeuser Formaldehyde Off-Gassing Flak Jacket Joists Complaint
August 11, 2017
The Esanbocks’ new home in Savage, Minnesota was built in 2017 using Weyerhaeuser Flak Jacket Joists, which were coated with formaldehyde resin. In late July, the complaint says, the home’s builder informed the family that the Weyerhaeuser joists had been found to be off-gassing formaldehyde. The family moved out the next day, and the complaint alleges that a test performed on the home showed excessive formaldehyde levels above OSHA safety levels. Weyerhaeuser has stopped making the joists, has admitted problems with the coating, and claims to be working with homeowners to address the problem, but, the complaint says, the company’s offers are insufficient.
defective_house_joints_complaint.pdf