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Berger & Montague, P.C. Files Class Action Lawsuits on Behalf of Homeowners Harmed by Formaldehyde Issues Caused by Weyerhaeuser’s TJI Joists with Flak Jacket Protection

Posted: August 8, 2017
Practice Areas: Consumer Protection

August 8, 2017. PHILADELPHIA - Berger & Montague, P.C., a national plaintiffs' law firm with a long history of successfully prosecuting complex mass tort and class action cases, has filed class action lawsuits in federal courts located in New Jersey, Colorado, and Delaware on behalf of its clients.

The cases allege claims on behalf of all individuals in the United States who have been harmed by their purchase or pending purchase of homes containing TJI Joists with Flak Jacket Protection manufactured by Weyerhaeuser Company. Berger & Montague, P.C. anticipates that it will file additional lawsuits on behalf of consumers affected by the TJI Joists in other states including Arkansas, Connecticut, Massachusetts, Minnesota, Missouri, New Hampshire, New York, Ohio, Pennsylvania, and others.

The class action complaints filed in federal court in New Jersey, Colorado, and Delaware allege that Weyerhaeuser's TJI Joists with Flak Jacket Protection manufactured after December 1, 2016 are defective. The TJI Joists' "Flak Jacket" fire-protection coating includes a formaldehyde-based resin that results in the "off-gassing" of high levels of formaldehyde, a known carcinogen.

The formaldehyde fumes build up quickly and invade consumers' homes with a pickle-like odor, which can cause families, visitors, and workers to suffer from headaches, stinging and tearing eyes, dizziness, nausea, coughing, wheezing, and asthma-type symptoms. The TJI Joists' defective nature is so severe that class members' homes are uninhabitable, and the TJI Joists require immediate repair or removal. Berger & Montague, P.C. is helping its clients evaluate their possible remediation options and is working with leading experts in the United States on formaldehyde pollution and indoor environmental engineering and testing.

The TJI Joists with Flak Jacket Protection were installed between December 2016 and July 2017, including in many new housing developments by major builders. Berger & Montague has assembled a large team of lawyers, investigators and experts who are providing counsel and representation to affected individuals across the United States.

"Learning that your new home contains toxic levels of formaldehyde, a cancer-causing pollutant, is just horrible," said Berger & Montague, P.C. Managing Shareholder, Shanon J. Carson, who leads the Firm's Consumer Protection Group. "Our firm is proud to represent these families, and we intend to make sure that they are compensated for all of the damages caused by this product, including the inconveniences of being forced to temporarily or permanently move. We are also committed to ensuring that any proposed repairs will safely and permanently solve this problem, will not expose families to further health risks, and will not further diminish the value of these homes."

Plaintiffs and the proposed class members are seeking to recover all expenses caused by the defective TJI Joists with Flak Jacket Protection, including repair, removal, replacement, relocation, and delayed closing expenses. They also seek to ensure that repairs do not expose homeowners to any risks of long-term formaldehyde exposure. Plaintiffs are also seeking all available statutory damages and penalties, and punitive damages.

Affected homeowners and homebuyers should contact Shanon J. Carson at scarson@bm.net or (215) 875-4656 for a free evaluation of their potential case. Additional information about the lawsuits is available at www.bergermontague.com/weyerhaeuser.

Berger & Montague, P.C. is a national plaintiffs' law firm based in Philadelphia with additional offices in Minneapolis and Washington D.C. The Firm litigates consumer protection cases in federal and state courts throughout the United States and employs over 65 attorneys. The Firm has played lead roles in major cases for over 47 years, resulting in recoveries of over $30 billion for its clients. The Firm's attorneys have extensive experience representing injured parties in product liability disputes. Further information about the Firm can be found at www.bergermontague.com.