Katrina Victims Weren’t Exposed to Toxic Fumes in FEMA Trailers, Jury Says

A federal court jury has just ruled against two survivors of Hurricane Katrina, who filed a lawsuit claiming they were exposed to toxic, cancer-causing fumes while living in government-supplied trailers after their home was damaged by the historic storm.

Hurricane survivor Alana Alexander of New Orleans and her 12-year-old son, Christopher Cooper, sued Gulf Stream Coach Inc., the company that manufactured the mobile home, and government contractor Fluor Enterprises Inc.

Alexander and Cooper argued the trailer where they lived for 19 months beginning in 2005 after the hurricane damaged their home contained high levels of formaldehyde, which worsened Cooper’s asthma and increased his chances of developing cancer. The companies denied the allegation.

Jury Rules Against Plaintiffs

The jury of five men and four women reached the verdict today after eight days of testimony. Jurors concluded that the trailer where the mother and son lived was not “unreasonably dangerous” in how it was constructed. The jury also found that Fluor, which was working under a government contract, did not act negligently, according to an Associated Press report on the verdict.

Hundreds of lawsuits brought by survivors of hurricanes Katrina and Rita regarding alleged exposure to formaldehyde and other carcinogens are still moving toward trial, attorneys said. Alexander and Cooper’s suit was considered a “bellweather” case that was closely watched as an indicator of how the other suits might proceed through court.

The emergency housing was supplied by the U.S. Federal Emergency Management Agency (FEMA), but a recent court ruling cleared the government from the lawsuits. Federal Court Judge Kurt Engelhardt ruled in August 2009 that claims against the government were barred by a two-year statute of limitations. An appeal of that ruling is planned, lawyers said.

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