A new class action brought by Colorado resident Matt Walewski against Weyerhaeuser Company has been filed in Colorado court over a fire-resistant flooring product that leaks toxic levels of formaldehyde into homes.
At the center of the lawsuit is Weyerhaeuser’s Flak Jacket Protection product, a coating applied to I-joists to enhance fire resistance, currently installed in at least 2,200 homes across the country.
Mr. Walewski purchased a Denver home in June and noticed an unpleasant odor during the initial inspection. After being told the smell was normal for a newly built home, Mr. Walewski and his husband moved in and soon began suffering from burning eyes and coughing. In July, Mr. Walewski received formal notice from the builder and Weyerhaeuser that the Flak Jacket I-joists in his basement were leaking formaldehyde gas into his home.
Other homeowners and builders were experiencing similar problems to Mr. Walewski and it was discovered that the Flak Jacket product was off-gassing levels of formaldehyde that far exceeded the safe allowable levels set by regulatory agencies.
Exposure to formaldehyde can cause irritation to the skin, eyes, nose, and throat. Prolonged exposure can lead to cancer, neurological effects, and lung problems. The defect in the Flak Jacket product is so severe that affected homes are uninhabitable until the product has been removed.
Now, thousands of homeowners are dealing with the impact of the defective Weyerhaeuser Flak Jacket coating. Weyerhaeuser has stated that all TJI Joists with Flak Jacket manufactured on or after December 1, 2016 should be remediated or removed from any home, and has set aside up to $60 million to cover remediation costs.
Mr. Walewski is represented by Keith R. Scranton of Franklin D. Azar & Associates, P.C. and Charles E. Schaffer of Levin Sedran & Berman. The attorneys anticipate that additional lawsuits will be filed on behalf of other homeowners affected by the Weyerhaeuser Flak Jacket product.
Weyerhaeuser Company is one of the largest manufacturers of wood products and controls more than 13 million acres of timberlands in the US and Canada. In 2016, Weyerhaeuser reported net sales of $6.4 billion.
Levin Sedran & Berman is one of the nation’s preeminent and most experienced plaintiff class action firms with extensive experience and expertise in consumer protection, products liability, defective building product actions, antitrust and other complex class-action litigation. The firm has been recognized by its peers and courts nationwide for its successful class action leadership in cases involving asbestos contamination in public schools, defective Chinese drywall, defective roofing shingles and faulty cement siding, among others.
Franklin D. Azar & Associates, P.C. is Colorado’s largest Personal Injury Law Firm. In addition to auto accidents, the firm devotes a significant portion of their practice to representing persons in a variety of work incident claims, class action lawsuits, injuries resulting from defective and dangerous products, prescription drug side effects, and wage and hour violations.