Chinese Drywall Will Personal Injury Damages be Awarded?

Transcription

2 Presentation Outline Section A: What do leading Toxicologists say about health and Chinese drywall? Toxicologist Dr. Phillip Goad for CTEH Toxicologist Dr. Richard Lipsey Toxicologist Dr. Robert DeMott for Environ Section B: Review of CPSC experimental studies on health effects of Chinese drywall. Section C: Review of CPSC Health Survey Results of CD homes. Section D: Where Do We Go From Here? Section E: Is There Possibly Another Cause of Health Problems in CD Homes Besides the Chinese Drywall? Section F: The Importance of a Government Endorsed CD Test Standard Section G: Can Construction Defects Be Activating the Chinese Drywall? Appendix: Chinese drywall test data presented at FLA DOH Drywall Symposium by Gary Rosen, Ph.D. Copyright 2010 Gary Rosen, Ph.D. Page 2

3 Overview of Section A What do leading Toxicologists say about health and Chinese drywall? Defense experts have data that says there are no health problems. Experts for home owners say they have data showing high levels of sulfur gases in homes is causing illness. We review their claims. Copyright 2010 Gary Rosen, Ph.D. Page 3

4 Overview of Section B We review CPSC studies on health effects of Chinese drywall. CPSC studies conclude that levels of sulfur gases in homes are too low to cause illness or irritation. We believe the studies are flawed resulting in underestimation of problem sulfur gas levels in homes. Copyright 2010 Gary Rosen, Ph.D. Page 4

5 Overview of Section C We review the CPSC Health Survey Results of CD homes. On the one hand, the CPSC concludes that based on their studies there is no elevated gases therefore people can not be ill from Chinese drywall. But reviewing their health surveys, many people appear to be or at least think they are ill from what they consider sick CD homes. We believe that there is a way to explain what appears to be a contradiction. Copyright 2010 Gary Rosen, Ph.D. Page 5

6 Overview of Section D Where Do We Go From Here? There has been enough Chinese Drywall imported to build at least 30,000 to 50,000 homes. Yet relatively few problem homes (about 2000) have been identified. In this section we look at some new ideas to help identify problem homes. Copyright 2010 Gary Rosen, Ph.D. Page 6

7 Overview of Section E Is there possibly another cause of health problems in CD homes besides the Chinese Drywall? The CD results in off-gassing that damages the air handlers. AC coils fail; leak water; and mold and bacteria grow in the AC closet, AC and ducting. Could it be the damaged AC with resultant mold that is making home owners sick and not CD gases? Copyright 2010 Gary Rosen, Ph.D. Page 7

8 Overview of Section F The Importance of a Government Endorsed CD Test Standard In order to prove wide spread injury from Chinese drywall gases, there must be a broadly accepted government endorsed testing method that finds elevated levels of sulfur gases in homes. Simply having one or two private researchers stating that they found elevated gas levels is not going to cut it. Copyright 2010 Gary Rosen, Ph.D. Page 8

9 Overview of Section G Can construction defects be activating the Chinese Drywall? There has been enough Chinese Drywall imported to build at least 30,000 to 50,000 homes. Yet relatively few problems homes (about 2000) have been identified. Could it be that all Chinese drywall starts out fine when installed, but becomes problematic in certain homes due to one or more construction defects that somehow activate the Chinese drywall off-gassing? That could be a plausible explanation for the low number of homes with observed CD problems. Copyright 2010 Gary Rosen, Ph.D. Page 9

10 Appendix In the Appendix we review Chinese drywall test data presented at the Nov 2009 FLA DOH Drywall Symposium by Gary Rosen, Ph.D. Test data is based on the use of microscopic analysis to distinguish between US drywall and Chinese drywall. Very small chips of drywall are required for analysis and can be taken from behind electrical plates. There is no damage to paint, wall paper, drywall with this low cost, highly reliable technique to test for Chinese drywall. Copyright 2010 Gary Rosen, Ph.D. Page 10

12 Chinese Drywall Health Issues? Depends on Who You Ask So is Chinese drywall a health issue? It certainly depends on who you ask. According to the CPSC the answer is NO. There have been several non-government toxicologists weighing in on this issue. What do they have to say? Toxicologist Dr. Phillip Goad for CTEH Toxicologist Dr. Richard Lipsey Toxicologist Dr. Robert DeMott for Environ Copyright 2010 Gary Rosen, Ph.D. Page 12

13 What Do the Experts Have to Say? Experts often seem to provide their expert opinions based on whether they are employed by the defense or the home owner. Let s see if you can determine which side these experts are on by what they have to say and how they present their evidence. Copyright 2010 Gary Rosen, Ph.D. Page 13

15 According to: Dr. Phillip Goad According to Toxicologist Dr. Phillip Goad The two chemicals we and others [except for the CPSC] have consistently found in air testing, carbon disulfide and carbonyl sulfide, were detected at concentrations below federal and state health guidelines and hundreds to thousands of times lower than levels shown to cause harm. Copyright 2010 Gary Rosen, Ph.D. Page 15

16 According to: Dr. Phillip Goad According to Toxicologist Dr. Phillip Goad The chemicals we identified in our testing are naturally occurring, being produced from ocean water, salt marshes and estuaries, soil, vegetation and forests. They also are normally present in the human body and have been measured in human breath at higher concentrations than we detected in our home sampling. PHILLIP T. GOAD, managing partner and principal toxicologist, Center for Toxicology and Environmental Health, North Little Rock, Ark. Copyright 2010 Gary Rosen, Ph.D. Page 16

18 Comments CTEH performed these studies in the winter which has now been shown to underestimate sulfur gas emissions from Chinese drywall because gas emission is a function of temperature and humidity. The lower temperature and humidity in the winter will reduce the amount of sulfur gases measured in homes. Therefore CTEH results do not rule out health problems from higher levels of sulfur gases in homes during warmer and more humid summer months. Copyright 2010 Gary Rosen, Ph.D. Page 18

19 Comments Furthermore, these tests were performed with clear plastic collection bags. These clear bags have now been found to result in underestimation of the amounts of unstable sulfur gases emitted by Chinese drywall because exposure to light accelerates the break down of the gases. Copyright 2010 Gary Rosen, Ph.D. Page 19

20 Published Data We do appreciate the fact that Dr. Goad and CTEH are publishing their data. By publishing one s data, the community can then critique it and/or build on it. On the next page is a picture of the CTEH poster session at the FLA DOH Drywall Symposium Nov CTEH was one of the featured presenters. Copyright 2010 Gary Rosen, Ph.D. Page 20

22 Conclusions Dr. Goad has concluded that levels of hydrogen sulfide found in homes are hundreds to thousands of times below levels that could cause irritation. We believe that the evidence to support his conclusion is limited. This does not mean his conclusion is incorrect. Copyright 2010 Gary Rosen, Ph.D. Page 22

23 Defense Expert? Plaintiff Expert? Dr. Goad. Can you guess? Is he a defense expert or does he work for the home owner attorneys? Dr. Goad s firm CTEH is employed by Knauf Tianjin. Copyright 2010 Gary Rosen, Ph.D. Page 23

25 According to: Dr. Richard Lipsey Posted by Dr. Richard Lipsey, Jacksonville, FL on TOXLAW.COM 7/03/09 Contrary to the erroneous claims of anonymous posters on this chat board, there have been high levels of hydrogen sulfide gas COMMONLY found in the air in homes in Louisiana and Florida as well as carbonyl sulfide and carbon disulfide when Chinese drywall has been used in the construction of homes. Copyright 2010 Gary Rosen, Ph.D. Page 25

26 Comments Dr. Lipsey s findings are contrary to the findings by CTEH where they find the levels of these gases to be very low or non-existent inside of homes. Dr. Lipsey should publish his test procedures and test results where he commonly finds high levels of hydrogen sulfide. What is the definition used here for high levels of hydrogen sulfide? Copyright 2010 Gary Rosen, Ph.D. Page 26

27 According to: Dr. Richard Lipsey Lipsey: Hydrogen sulfide is not only commonly found in the air from Chinese drywall samples, when sampling is done properly, but [is found] In high concentrations causing nose bleeds and burning the eyes, nose and throats of people living in the homes. What is the definition used here for high levels or high concentration of hydrogen sulfide? Copyright 2010 Gary Rosen, Ph.D. Page 27

28 Comments Is Dr. Lipsey s definition of high level Levels that cause nose bleeds. I have not seen ANY actual evidence of high levels of hydrogen sulfide resulting in occupant nose bleeds. Please show us the data! Copyright 2010 Gary Rosen, Ph.D. Page 28

29 According to: Dr. Richard Lipsey Lipsey: The Agency for Toxic Substances and Disease Registry, Public Health Service, U. S. Dept. of Health and Human Services has published a minimum risk level of only ppm [for H 2 S]. Lipsey: These air levels are often exceeded in homes containing Chinese drywall and inhalation is the primary method of exposure with hydrogen sulfide gas. Copyright 2010 Gary Rosen, Ph.D. Page 29

30 Comments Show me the data that these levels are commonly exceeded inside problem Chinese drywall homes. The CPSC for instance studies show that H 2 S levels are generally much lower. Dr. Lipsey did not present at the FLA DOH Drywall Symposium as did Dr. Goad who we just discussed or Dr. DeMott coming up next. The Drywall Symposium would have been an excellent forum for Dr. Lipsey s test results. Copyright 2010 Gary Rosen, Ph.D. Page 30

31 Comments I certainly do not disagree with Dr. Lipsey when he says that when others measure H 2 S in homes they may be doing so incorrectly and therefore underestimating H 2 S levels in homes. Nevertheless the others are presenting their data. Copyright 2010 Gary Rosen, Ph.D. Page 31

32 Defense Expert? Plaintiff Expert? Dr. Lipsey. Can you guess? Is he a defense expert or does he work for the home owner attorneys? Dr. Lipsey has been hired by home owner attorneys. Copyright 2010 Gary Rosen, Ph.D. Page 32

34 According to: Dr. Robert DeMott From the October 2, 2008 Meeting in Sarasota regarding sulfur compound emissions from imported gypsum board the room air from over 30 homes has been analyzed for the relevant sulfur-containing gases and none of the concentrations approach levels that can cause health effects. Copyright 2010 Gary Rosen, Ph.D. Page 34

35 From a public statement by Lennar (see next page): According to Environ there is no indication that conditions of homes would result in ANY adverse human health effects. Environ provided written assurances to Lennar home owners that the conditions identified in their homes would not result in any adverse health effects. Copyright 2010 Gary Rosen, Ph.D. Page 35

37 Comments But just as in the work by CTEH, Environ used the inappropriate clear plastic sample-collection bags. The use of these bags has been found to underestimate the levels of sulfur gases emitted by Chinese drywall because exposure to light accelerates the break down of these gases which happens when collected in clear sampling containers. Picture I took of Environ tech taking an air sample in a home using an inappropriate collection container than results in an underestimation of sulfur gas levels. Copyright 2010 Gary Rosen, Ph.D. Page 37

38 Published Data We do appreciate the fact that Dr. DeMott and Environ are publishing their data. By publishing one s data, the community can then critique it and/or build on it. On the next pages are pictures of the Environ poster sessions at the FLA DOH Drywall Symposium Nov Environ was one of the featured presenters. Copyright 2010 Gary Rosen, Ph.D. Page 38

41 Conclusions Dr. DeMott has concluded that relevant sulfur-containing gas concentrations do not approach levels that can cause health effects. We believe that the evidence to support his conclusion is limited. This does not mean his conclusion is incorrect. Copyright 2010 Gary Rosen, Ph.D. Page 41

42 Defense Expert? Plaintiff Expert? Dr. DeMott. Can you guess? Is he a defense expert or does he work for the home owner attorneys? Dr. DeMott and Environ are consultants to Lennar Homes. Copyright 2010 Gary Rosen, Ph.D. Page 42

43 Summary of the Experts Clearly, nothing is clear. Experts for home owners such as Toxicologist Dr. Richard Lipsey claim that their results show high levels of sulfur gases are common in Chinese drywall homes and at these high levels one would expect occupants to develop health problems. But Dr. Lipsey has not published any results. Copyright 2010 Gary Rosen, Ph.D. Page 43

44 Summary of the Experts Experts for the defense such as Toxicologists Dr. Philip Goad and Dr. Richard DeMott, claim that levels of sulfur gases are very low. It is widely agreed that at such very low levels these gases should not cause any adult health related problems. However, we feel that due to problems with experimental conditions their studies would tend to underestimate sulfur gas levels in homes. Copyright 2010 Gary Rosen, Ph.D. Page 44

45 Summary of the Experts Additionally these threshold levels that toxicologists make reference to are for adults working 8 hour days in industrial environments. There is no information that I have seen as to threshold levels for these sulfur gases for either home environments or for children or infants. We believe that conclusions by the Experts of no health problems, while they may be correct, are not substantiated. Copyright 2010 Gary Rosen, Ph.D. Page 45

46 Summary of CPSC The CPSC also finds sulfur gas levels in homes to be too low to cause irritation. But they also find that the levels of H 2 S they measure are too low to cause the obvious copper corrosion found in homes. So how confident can one be in the CPSC H 2 S measurements? In the next section we review the CPSC results. Copyright 2010 Gary Rosen, Ph.D. Page 46

48 Indoor Gases Below Thresholds The sulfur gases such as H 2 S (hydrogen sulfide) being released by Chinese drywall have been widely studied in many industrial settings. They are known to cause irritation and illness above certain thresholds (in these industrial settings.) It is reasonable to believe the toxicological reports that say there is no irritation below these thresholds but there can be irritation above these levels. Copyright 2010 Gary Rosen, Ph.D. Page 48

49 Thresholds NOT for Kids While there are numerous homeowner complaints about irritation and illness due to Chinese drywall, we have seen no published evidence to date that indoor gas levels of released sulfur gases are above the minimum thresholds for irritation. Note that data we have seen on thresholds for sulfur gas irritation and illness are for adults in 8 hour per day work environments... not for kids in home environments. Copyright 2010 Gary Rosen, Ph.D. Page 49

50 Government Says NO Health Problems Extensive government research has NOT found levels of sulfur gases inside of Chinese drywall homes that (according to them) would result in either irritation or illness. Government studies have therefore concluded that Chinese drywall is not causing illness but may be causing minor irritation based on a mix of very low levels of Chinese drywall gas emissions along with the usual gases (such as formaldehyde) emitted by household furnishings. Copyright 2010 Gary Rosen, Ph.D. Page 50

51 Government Studies Flawed We believe that the government s sulfur gas testing procedures are flawed. These flawed procedures have resulted in underestimation of the amount of Chinese drywall sulfur gas emissions inside of homes. Therefore we believe that the government conclusion of no irritation or illness, while it may be correct, is not scientifically substantiated. Copyright 2010 Gary Rosen, Ph.D. Page 51

52 According to: CPSC Nov 2009 According to the CPSC in a press statement Nov 23, 2009: The concentrations of hydrogen sulfide gas (H 2 S) measured in this study were below levels that could irritate home owners. Copyright 2010 Gary Rosen, Ph.D. Page 52

53 Measurements Suspect However this same study found that the levels of hydrogen sulfide gas (H 2 S) measured could not account for the degree of copper corrosion found. This makes their sulfur gas measurements suspect. See excerpt from their study below. Copyright 2010 Gary Rosen, Ph.D. Page 53

54 Problems With Gas Collection Furthermore, their sulfur gas air sampling tests were performed with clear collection bags. Using clear bags has now been found* to result in underestimation of the levels of the unstable Chinese drywall sulfur gases. The clear bags permit the collected sulfur gases to be exposed to light which accelerates the break down of the unstable sulfur gases released by Chinese drywall. Gas levels are therefore underestimated. *Two studies at the Nov 2009 FLA DOH Drywall Symposium disclosed these findings. Copyright 2010 Gary Rosen, Ph.D. Page 54

55 Unstable Gases How unstable are these gases? These sulfur gases are so unstable that the standard for analyzing them requires that they be analyzed within 24 hours from the time of collection. In the EPA/FLA DOH study, results from a large number of samples collected and sent to a lab in California had to be discarded due to failure to meet the 24 hour hold time maximums. The EPA/FLA DOH study actually discontinued using the California lab and switched to a nearby Florida lab in mid course to be able to meet the 24 hour hold time max. Copyright 2010 Gary Rosen, Ph.D. Page 55

56 Multiple Causes of Sample Loss There are actually multiple causes for sample loss: Loss over time (24 hours) due to instability of gases. (This loss is accelerated when clear collection bags are used.) Loss due to stickiness of sulfur gases to the inside of the collection containers. Gas is then not completely transferred to the test equipment for measurement. Less than 100% efficiency of the test equipment for testing the levels and types of the gases in question. Copyright 2010 Gary Rosen, Ph.D. Page 56

57 Example of Sample Loss Correction For example if the actual level of H 2 S gas in a home at an electrical socket in a kid s room was 40 ppb. And the loss due to gas breakdown after 22 hours when the sample was tested was 50%. And the loss due to stickiness was 10 ppb. And the loss due to inefficiency of the test equipment was 50%. What started out as 40 ppb is now measured as only 5 ppb. Copyright 2010 Gary Rosen, Ph.D. Page 57

58 Formula for Correction The formula for correction would be: Multiply by 2 for loss in equipment. Add 10 ppb for loss due to stickiness of collection bag. Multiply by 2 for loss due to sulfur gas instability in the collection bag by time = 22 hours. So when someone measures 5 ppb of H 2 S, after correction for loss this would mean the level in the home actually was 40 ppb. That is an 8X increase. Correction for loss is very important. Copyright 2010 Gary Rosen, Ph.D. Page 58

59 Loss Assessment on Known Quantities of Gas Detailed loss assessment studies to check on the efficiency of the sampling and testing technology should be performed on known quantities of the three gases H 2 S, COS and CS 2 in the 10 to 50 parts per billion range. Analysis needs to be performed in 2 hour increments over 24 hours. Loss assessment studies also need to be done at different temperature and humidity levels. Then select collection media and lab test equipment that result in a very low sample loss so the correction factors are the smallest possible. Copyright 2010 Gary Rosen, Ph.D. Page 59

60 Loss Assessment on Released CD Gas Once the loss assessment studies with known amounts of sulfur gases are complete and the best sampling and test equipment selected: 1. On location at the lab where the test equipment is located, using heat and humidity, brew up a batch of smelly off-gassing Chinese drywall in a large container. 2. Collect actual released CD gases. 3. Perform analysis on the collected sample at Time = 0 and in 2 hour increments for 24 hours. 4. Test at different temp and humidity. 5. Finalize loss correction factors based on actual CD. Copyright 2010 Gary Rosen, Ph.D. Page 60

61 Test Results Need to be Corrected All of these loss assessment controls should be performed before any field sampling is done. Field results, when presented, should be corrected for the combined losses due to time, collection media and test equipment. Once the field results are corrected for loss, you will have a reasonable estimate for the actual levels of sulfur gases in homes. Copyright 2010 Gary Rosen, Ph.D. Page 61

62 Test Results Need to be Corrected The CPSC uncorrected test results are telling us what the test equipment says it found in the collection bags after 24 hours. What we are actually interested in knowing is what the levels of the sulfur gases were in the homes at the time of the gas collection (Time=0). Even under the best cases, these will not be the same. There is loss due to inefficiencies in the collection and measurement process which can be substantial particularly when the testing is done close to the detection limits of the equipment. Test results must be corrected for inefficiencies in order to have a useful estimate of the gas levels in the home. Copyright 2010 Gary Rosen, Ph.D. Page 62

63 Studies Performed Close to the Detection Limits of Equipment In these studies, researchers are attempting to measure exceedingly low gas levels at the limits of the equipment detection levels. The loss correction factors would be expected to be quite significant. The difficult part of measuring the Chinese drywall gas levels (in parts per billion) is setting up the controls (loss correction experiments). The easy part is taking the field measurements. Doing field experiments without proper controls is a waste of money. Copyright 2010 Gary Rosen, Ph.D. Page 63

64 Improved Sampling Procedures It would make sense for the CPSC to plan a new series of indoor air sampling, using techniques that others have employed that are actually finding elevated levels of sulfur gases in homes. This would save time and money. It has been shown that air sampling for unstable sulfur gases works much better with Quartz-Lined Stainless steel collection canisters rather than the clear Tedlar (plastic) bags used by the CPSC. Copyright 2010 Gary Rosen, Ph.D. Page 64

65 Stainless Steel Canister Work Well Back on we visited Centek Labs. See picture on next page. While there, we compared clear collection bags to Quartz-Lined Stainless canisters. It was determined that the clear plastic bags that are being used in the government study did not work well compared to steel canisters when measuring Chinese drywall gases down to very low (ppb) levels. Copyright 2010 Gary Rosen, Ph.D. Page 65

66 Improved Air Sampling Clear Tedlar bag Stainless Steel Canisters Our visit to Centek Labs when we compared clear Tedlar collection bags to Quartz-Lined Stainless canisters and found that the clear plastic collection bags did not work well compared to the steel canisters when measuring Chinese drywall gases. Copyright 2010 Gary Rosen, Ph.D. Page 66

67 Problems With Clear Collection Bags At the Nov 2009 FLA DOH Drywall Symposium both Centek Labs and Lakeland Labs presented test results on problems with these clear collection bags. Their test results showed that sulfur gases were not stable when collected in the clear plastic collection bags used in the government studies. Why does the CPSC continue to use these clear problem bags in one study after another? Copyright 2010 Gary Rosen, Ph.D. Page 67

68 Improved Sampling Procedures If you use the clear plastic collection bags at very high gas concentrations (1-2ppm) they appear to work fine which is where the CPSC ran their check to see if the bags worked. But that is not the concentrations we are interested in. We are interested in concentrations 1000x times lower. When working at 5-50 ppb gas levels the Quartz-lined Stainless Steel Collection Canisters work much better than the clear plastic collection bags. Studies show that gases are stable in the Stainless Steel Canisters for several days. Copyright 2010 Gary Rosen, Ph.D. Page 68

69 CPSC Conclusions Unfounded Due to flawed testing procedures, conclusions by the CPSC that the levels of the unstable hydrogen sulfide gas (H 2 S) found in homes are below levels that could cause irritation are therefore unfounded. This does not mean their conclusions are incorrect. Copyright 2010 Gary Rosen, Ph.D. Page 69

70 CPSC Home Owner Surveys In the next section we look at the CPSC home owner survey results where many if not most homeowners describe health problems that they feel are attributed to living in CD homes. Clearly these surveys are at odds with the CPSC conclusions of no health issues from Chinese drywall. Copyright 2010 Gary Rosen, Ph.D. Page 70

73 CPSC Home Owner Surveys The home owner is complaining of: Headaches Respiratory problems Allergy-like symptoms These are all common complaints from people living in Chinese drywall homes. Is there a relatively simple way to try to rule out or help prove Chinese drywall as cause? We believe that there may be. Copyright 2010 Gary Rosen, Ph.D. Page 73

74 Can We Rule Out CD? It is well known that Chinese drywall off-gassing is highly dependent on humidity and temperature. When the air is dry and cool there is little to no off gassing. The CPSC Health Surveys were taken only at a specific point in time. It would be useful if the surveys were longitudinal to see if health complaints of occupants living in CD homes are reduced during the cooler, dryer months. If there is no change, then there is a certain plausibility that the health problems the home owners mention are not from inhalation of Chinese drywall gases. Copyright 2010 Gary Rosen, Ph.D. Page 74

75 Can We Rule Out CD? Other important questions to ask: Do the problems go away when you or your kids are out of the house? How do you feel at work? How are the kids at school? How are you all on vacation or at Grandma s house? Etc. Copyright 2010 Gary Rosen, Ph.D. Page 75

76 Home Owner Complaints I don t think we can simply bury all these hundreds of home owner complaints about illness and irritation from living in Chinese drywall homes just because the CPSC says there cannot be problems because the levels of irritants the CPSC measures are too low to cause complaints. Copyright 2010 Gary Rosen, Ph.D. Page 76

78 Where Do We Go From Here? Why is it difficult to prove or disprove causation based on testing? The CPSC has summarized the difficulties very well. See next page on CPSC conclusions taken from their Intro to the 51 Home Study. Copyright 2010 Gary Rosen, Ph.D. Page 78

80 Complex & Dynamic The CPSC summary of the difficulties in testing Chinese Drywall homes can be explained in two words: Complex & Dynamic Lots of parameters, with many complex interactions. The test environment is always changing. Copyright 2010 Gary Rosen, Ph.D. Page 80

81 Mold Testing Also Complex & Dynamic The same can be said about testing for mold complex and dynamic. We have been testing for mold for many years. Perhaps we can learn something useful regarding Chinese drywall testing from lessons learned in mold testing? Very often mold testing is not reliable and/or not reproducible due to the complex and changing nature of the environment. Copyright 2010 Gary Rosen, Ph.D. Page 81

82 Home Owner Surveys Can Be Very Useful But we often have very good results correlating sick mold homes with customer complaints. If the home owner is sick at home (with typical allergy-like mold symptoms) and always feels better outside the home most likely the home is a sick home regardless of test results! Copyright 2010 Gary Rosen, Ph.D. Page 82

83 Which Homes May Cause Health Problems There are so many, many home owner complaints of health effects from Chinese drywall, we cannot simply brush those complaints under the carpet. Just like with mold, it may be that the home is sick even though current air testing techniques for sulfur gases can t detect a problem. For those interested in more details about the limitations of mold testing, please see my mold testing book on Amazon.com Copyright 2010 Gary Rosen, Ph.D. Page 83

84 Which CD Homes May Cause Health Problems? At this point we must assume that the government testing for CD gases is underestimating sulfur gas levels. We must assume that at least some home owners in the CPSC surveys claiming illness may actually be getting sick or irritated by the CD gases. It is critical that we find out which homes may be causing health problems. Copyright 2010 Gary Rosen, Ph.D. Page 84

85 Home Owner Reports & Scope of the Problem According to the NOV 23, 2009 CPSC Executive Summary: actual reports of drywall concerns may offer the best means for evaluating the scope of the problem drywall issue. We agree. Just as with mold problems, actual reports of home owner concerns with regard to Chinese drywall may be the best method for evaluating the scope of the problem. Copyright 2010 Gary Rosen, Ph.D. Page 85

86 Winter Has Some Benefits Since Chinese drywall off-gassing significantly lessens (and in some cases even stops) in the cool and dry winter months it would be very interesting to see how many health complaints go away or lessen in the dry and cool winter season. It would make sense for the CPSC to plan a new series of surveys where they ask home owners that were sick during hot and humid summer months how they are feeling in the winter. If they are not better or somewhat better in the dry season, most likely their ailments are NOT RELATED TO CHINESE DRYWALL OFF-GASSING. Copyright 2010 Gary Rosen, Ph.D. Page 86

88 What Does Mold Have To Do With It? I believe that many if not most home owner health complaints, especially serious health complaints, from people living in CD homes are due to mold and not Chinese drywall. Why? 85% or more of health related complaints by home owners are due to mold problems with the AC and fiberglass lined plenums. This is a fact. I even wrote a book about it (available on Amazon.com) Copyright 2010 Gary Rosen, Ph.D. Page 88

89 Whodunit? The AC Done It? Whodunit? It should be no mystery. The AC done it. The biggest corrosion problem with CD homes is damage to the AC coils which causes water damage and mold in the AC closet, AC unit, and fiberglass lined plenums and ducting. Black mold under the air handler from an earlier leak. Hidden mold and water damage in Chinese drywall homes is massive and pervasive due to AC coil failures. Copyright 2010 Gary Rosen, Ph.D. Page 89

90 Whodunit? The AC Done It? To prove that inhalation of Chinese drywall gases has caused personal injury, you must prove that it is not the mold from the damaged AC and AC closet that is the cause of the health problems. That will be hard to do because CD and mold health symptoms overlap to a considerable degree. AC coil cross sections Copyright 2010 Gary Rosen, Ph.D. Page 90

92 Chinese Drywall Testing Vs. Mold Testing Mold personal injury cases used to be hit or miss. If you could not show that there was elevated mold in a home of course you would miss. But if you showed there was elevated mold what did this mean? Relative to what? What sampling method did you use: Air sampling for total spores? Air sampling for live (viable) spores? Carpet dust? Surface mold? Was there a reliable correlation of any of these to health problems? Hard to say. Copyright 2010 Gary Rosen, Ph.D. Page 92

93 EPA Steps In The EPA then developed a new method of testing homes based on scientifically measuring the amount of mold in house dust using DNA analysis. The method provides a great deal of detail on the species and genus (specific types) of mold found in the home. Both the amounts and types of mold in a home environment are compared to a representative sampling of homes across the nation. Copyright 2010 Gary Rosen, Ph.D. Page 93

94 Moldiness of Home Rated by Numeric Score The mold burden (moldiness of the home) is then rated on a numeric score. High scores have been found to correlate well with sick homes. And when the home is remediated of mold (as shown by a low numeric score on retest) the home is no longer sick. Copyright 2010 Gary Rosen, Ph.D. Page 94

95 Extensive Data Base While this approach is not perfect it is an important step forward in terms of helping to define a mold sick home and it has the EPA stamp of approval on it. This technique has become a very powerful tool in recent years for plaintiff attorneys to help prove personal injury in mold claims arising from: Construction defects; Improper mold remediation work; Bad faith claims against insurance carriers. Copyright 2010 Gary Rosen, Ph.D. Page 95

96 No Similar Testing Standard for Chinese Drywall There is no similar testing standard that can be used to reliably determine if a home is sick as a result of Chinese drywall. Without an accepted government endorsed testing standard that can be used to establish that a home s indoor air has problem levels of CD gases relative to a national standard, proving personal injury on any significant scale for Chinese drywall cases will be difficult if not impossible. Copyright 2010 Gary Rosen, Ph.D. Page 96

97 Complex & Dynamic Drywall is a natural product and may vary from home to home. No two home environments will be exactly the same. And the home environments are not constant. Unoccupied homes will certainly have different environments than occupied homes. Copyright 2010 Gary Rosen, Ph.D. Page 97

98 Complex & Dynamic IMO due to this complex and dynamic situation: Unless you can reliably measure elevated levels of problem sulfur gases inside a particular occupied home and; The levels are known to be above the threshold that can irritate or make someone sick you will never be able to prove injury in any significant widespread fashion. Copyright 2010 Gary Rosen, Ph.D. Page 98

99 Inside a Specific Home Testing that does not directly measure sulfur gas levels inside the home environment and show that the gases above problem levels will never be sufficient to prove injury. Testing drywall samples under lab conditions will NEVER be sufficient to prove that gas levels inside a home were above such levels. Finding tarnished copper inside of walls will NEVER be sufficient to prove that gas levels inside a home were above such a levels. Copyright 2010 Gary Rosen, Ph.D. Page 99

100 Proof of Injury Not Easy It Will Be Impossible to Consistently Prove Injury: Without Reliable and Reproducible Techniques for Testing the Homes Indoor Air for Sulfur Gases and Without First Proving that the Home is a Sick Home as a Result of Elevated Levels of Chinese drywall gases. Copyright 2010 Gary Rosen, Ph.D. Page 100

101 The Flip Side to the Coin It Will Be Impossible to Consistently Prove NO Injury: Without Reliable and Reproducible Techniques for Testing the Homes Indoor Air for Sulfur Gases and Without First Proving that the Home is a Healthy Home as a Result of NO Elevated Levels of Chinese drywall gases. Copyright 2010 Gary Rosen, Ph.D. Page 101

103 What About Additional Complications? There are always additional complications otherwise no one would need to hire experts. Even if the sampling technology is there that shows the home is a sick Chinese drywall home, this does not necessarily mean that the supplier chain can be proven at fault. Copyright 2010 Gary Rosen, Ph.D. Page 103

104 What If What if the Chinese drywall off-gassing problem only arises in homes with certain types of construction defects that activate the drywall so that it off-gases. One might find this idea at first far fetched (and I am not saying I necessarily believe it) I am simply asking the question what if? Copyright 2010 Gary Rosen, Ph.D. Page 104

105 Why Only 2000 Problem Homes Found? But it would possibly explain why enough Chinese drywall was imported to make at least 30,000-50,000 homes. But As of according to the Chinese Drywall Complaint Center Only 2,000 homeowners have been identified with problem Chinese drywall by the federal court in New Orleans so far. What if only 2000 of the homes with Chinese drywall had the construction defects needed to activate the drywall off-gassing, otherwise there would be no problem with the homes. Copyright 2010 Gary Rosen, Ph.D. Page 105

106 What If Chinese Drwyall is Not Problematic Just as drywall is not shipped with mold on it and only becomes moldy when there are moisture problems in the homes where it is installed What if Chinese drywall is not shipped problematic, but only becomes problematic when there are moisture or humidity problems (from defective construction) in the homes where it is installed. Copyright 2010 Gary Rosen, Ph.D. Page 106

107 What types of construction defects could cause Chinese drywall to become problematic and result in a sick home? This will be an interesting topic for another day. At our web site Green-Buildings.org we feature our US Green Building Council approved course cataloguing numerous construction defects that result in water and moisture problems in homes. There s plenty of very common construction defects to consider! Copyright 2010 Gary Rosen, Ph.D. Page 107

110 Chinese Drywall Test Data Attached are some test results of our research that compares Chinese drywall and US drywall by microscopy. We are able to differentiate Chinese drywall from US drywall under a microscope based on visual differences in manufacturing processes. Gypsum density, organic contaminants, amount and shape of fiber reinforcement are among the items used to differentiate Chinese from US. For our analysis, we need very small samples which can be taken from behind electrical plates. There is ZERO damage to drywall finish, paint, or wall paper. Copyright 2010 Gary Rosen, Ph.D. Page 110

111 Chinese Drywall Test Data Due to variation of natural mined product, testing based on trace contaminants such as strontium, sulfur or carbonate is not 100% reliable according to the CPSC. The manufacturing differences including differences in product densities and organic content between US and Chinese drywall (Chinese drywall is 20% heavier) on the other hand are highly reliable. Testing for manufacturing differences using microscopy allows us to test for Chinese drywall with a high degree of reliability, at very competitive prices and with a 5 day turn around for test results and report. Copyright 2010 Gary Rosen, Ph.D. Page 111

112 Testing 100% Stealthy Testing only needs very small chips of drywall which we obtain from behind electric plates or ceiling AC grills and is 100% stealthy. The is no drywall to repair. No paint or wall paper damaged. Our testing procedures were presented at the FLA DOH Drywall Symposium. Some examples to follow Copyright 2010 Gary Rosen, Ph.D. Page 112

116 100% Stealthy Our analysis requires NO HOLES made in any walls and no paper or paint to scrape. The inspection is 100% stealthy. Lab testing is performed by a third party Ph.D. Microscopist. Our testing services are in high demand by: Buyers of high end homes that want to rule out Chinese drywall. Insurance carriers that need multi-family buildings to be quickly, reliably, and inexpensively tested without damaging the properties. Our firm has $1M E&O insurance with explicit coverage for testing Chinese drywall. Copyright 2010 Gary Rosen, Ph.D. Page 116