Federal District Court Judge John E. Steele issued orders today
dismissing all claims against National Gypsum in the Brincku and Brucker
lawsuits. The two cases claimed National Gypsum’s American-made
drywall caused the same corrosive effects in the plaintiffs’ homes as
defective Chinese drywall.
The lawsuits alleged the company manufactured defective drywall which
contained high levels of sulfur, released hydrogen sulfide gas from
bacteria, and corroded copper and other metals inside the homes.
Unrebutted scientific evidence provided by the company proved this was
not the case.
“We are extremely pleased that our company’s products and reputation
have been completely vindicated,” said CEO Thomas C. Nelson. “This
ruling confirms what we have said all along: National Gypsum drywall is
a high-quality, safe and environmentally sound product. Every single
false allegation has been rebutted by sound science from the nation’s
leading laboratories and safety experts."
The court’s ruling concludes a long saga which began in 2009. In
response to the allegations, the company engaged Packer Engineering and
Columbia Analytical Services, two well-known independent testing
laboratories, to conduct a full battery of elemental sulfur, copper
corrosion, and gas chamber tests on the company’s drywall. Other
professionals, including HSA Engineers and Scientists, Inc., also tested
the air, water, and surrounding environments of the homes.
These results, along with studies done for the Consumer Products Safety
Commission by the Department of Energy’s Lawrence Berkeley National
Laboratory and Environmental Health & Engineering, were consistent.
National Gypsum drywall does not cause the corrosive issues associated
with defective Chinese drywall. To the contrary, detailed study of the
homes involved confirmed that the alleged metal corrosion was caused by
hydrogen sulfide released from poorly or untreated well water or by
defective, corrosive Chinese drywall, not by National Gypsum’s products.
The dismissal of the Brincku and Brucker lawsuits is the
latest in a series of similar cases that have been thrown out of court.
In April 2011, an Arizona putative national class action against
National Gypsum was voluntarily withdrawn, after the plaintiffs admitted
having no scientific or causal evidence to support that lawsuit. In
October 2011, an Alabama lawsuit was dismissed “with prejudice” –
meaning the plaintiffs are barred from bringing the same claim against
“The court’s action will allow us to continue our 87-year tradition of
producing high-quality gypsum drywall and finishing products in the
United States without the unfounded and unwarranted distraction and
expense of these suits,” Nelson said. "This is an important victory for
National Gypsum, its customers, and its associates.”
About National Gypsum
National Gypsum, based in Charlotte, NC, is a leading supplier of gypsum
board, interior finishing products and cement board to the construction
industry. It has a network of over 40 facilities in North America.