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Federal Judge Announces First Ruling in Chinese Drywall

NEW ORLEANS, APRIL 27, 2010 – Judge Eldon E. Fallon announced his verdict today in the first contested Chinese Drywall case, referred to as Hernandez v. Knauf Gips KG, et al, which was contested in New Orleans on March 15, 2010. Judge Fallon found in favor of the plaintiff, Tatum and Charlene Hernandez of Mandeville. The verdict requires Chinese manufacturer Knauf Plasterboard Tianjin Co. Ltd to pay more than $164,000 plus attorneys’ fees and court costs to the Hernandez family, which breaks down to a total of $136,940.46 in remediation expenses, plus an additional $5,357.33 for personal property, approximately $19,000 in living expenses and just over $4,100 for other pre – and post – trial repairs. “Our hope for the Hernandez case is that it will set the precedent for all future Chinese Drywall litigation,” says Russ Herman, senior partner at Herman, Herman, Katz & Cotlar, LLP, who is serving as Plaintiffs’ Liaison Counsel for all Chinese drywall cases. “We have been working closely with the Hernandez family and are very pleased with this ruling.” The court’s ruling calls for the Hernandez home to basically be gutted and for the replacement of all drywall, ductwork, the entire electrical system, as well as all copper and silver components, the HVAC system and all damaged appliances and consumer electronics. The defendant, Knauf Plasterboard (Tianjin) Co., Ltd., is one of several subsidiaries of Germany – based Knauf Gips KG, that has been accused of manufacturing and importing defective drywall from China into the U.S. It is estimated that between 60,000 – 100,000 homes have been built using the defective drywall between 2004 and 2008. The defective drywall has been associated with unpleasant and potentially harmful odors and fumes that corrode metals, including air conditioning units, fixtures and other appliances.



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