Hurricane Victims Lose Bid for Class Status in 'Toxic Trailer' Suit

A federal judge in Louisiana has denied class certification to thousands of hurricane victims who say they were exposed to harmful levels of formaldehyde while living in government-provided trailers.

U.S. District Judge Kurt Engelhardt of the Eastern District of Louisiana said individual issues predominated over class-wide ones.

The ruling came in a consolidated lawsuit victims of Hurricanes Katrina and Rita filed against the Federal Emergency Management Agency and dozens of trailer makers.

The numerous complaints assert claims under Louisiana, Alabama, Texas and Mississippi law and seek a court-supervised medical monitoring program as well as compensatory and punitive damages.

In a rush to build the trailers, the manufacturers used substandard materials from foreign countries, resulting in unsafe formaldehyde levels, the plaintiffs say.

Further, the housing units were not constructed or designed in compliance with government specifications, according to the complaints.

Formaldehyde is a common preservative found in building materials such as plywood and particleboard. It is a known carcinogen and can cause respiratory problems. High indoor temperatures and humidity can raise formaldehyde levels in the air.

The plaintiffs allege FEMA continued to supply the housing units well after air sampling showed formaldehyde levels exceeding government standards.

The plaintiffs moved for class certification.

Denying the motion, Judge Engelhardt said the plaintiffs' claims will be individualized with respect to causation and will include individual issues on exposure, susceptibility to illness and types of physical injuries.

The alleged physical injuries include convulsions, watery eyes, breathing problems and stomach pains.

The judge noted that the FEMA-provided emergency housing units vary greatly by manufacturer and model.

Further, the formaldehyde levels vary from trailer to trailer, which would require individual testing on each trailer, Judge Engelhardt held.

The plaintiffs can appeal the ruling to the 5th U.S. Circuit Court of Appeals.

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