Nearly
seven years later, Walker is one of a growing number of consumers who blame
U.S. wood products makers for injuries they received from wood treated with
a compound containing arsenic, a known carcinogen.
As a result, companies that have made or sold wood treated with the
arsenic compound - including forest products heavyweights Georgia Pacific
Corp. and Universal Forest Products Inc. - are becoming targets of a growing
wave of litigation that is worrying investors.
"The issue does make me nervous," said Mark Wilde, who follows forest
products firms for Deutsche Bank Securities. "The best case scenario is that
it doesn't become any bigger, but it seems to have the momentum making it
bigger."
Chromated copper arsenate, or CCA, has been used to protect wood from
leaching and erosion for more than 70 years and is most often used outdoors
in decks and playgrounds.
For the last 20 years or so, any litigation against the makers of CCA-treated
wood has mostly involved individual claims against small, privately held
companies.
Walker, for example, sued the chemical maker, the wood treater, and the
wood retailer, settling for $150,000 - an amount that did not even cover her
medical costs.
"My medical bills are more than that," she said in a phone interview from
her home in Clearfield, Utah.
Walker's ailments were traced to splinters that got stuck under her
fingernails and could not be completely removed until they were successively
amputated within a few years.
WHERE THE MONEY IS AT
Recently, however, several class-action lawsuits have surfaced naming big
players in the CCA-treated lumber market, recalling recent legal nightmares
including scores of asbestos claims that drove some U.S. firms into
bankruptcy. Big Tobacco companies have also been hit by billions of dollars
worth of legal claims.
"This could be a substantial litigation in terms of dollars," said Lester
Brickman, a professor at Cardozo Law School in New York and an expert on
asbestos litigation. "Class actions are where the money is at."
A spokeswoman for Georgia-Pacific, which has made the product since the
1988, said the company has two lawsuits involving CCA-treated wood pending
in Alabama, one of which is a class action.
The spokeswoman would not comment on the claims other than to say the
company believed they had no merit.
Universal Forest Products also declined to comment on pending litigation,
but argued that studies have shown the product is safe when handled
correctly.
"Every bit of information that has come out has reaffirmed the safety of
CCA-treated wood," said Scott Conklin, vice president of wood preservation
at Universal Forest Products.
In February, the Environmental Protection Agency banned the use of CCA-treated
wood in residential construction beginning in 2004, but said it "has not
concluded that CCA-treated wood poses unreasonable risks to the public" and
that it was not necessary to remove or replace existing structures.
Parker Brugge, president of the American Wood Preservers Institute, a
trade group named as a defendant in a Florida complaint seeking class-action
status, said "no class action has been sustained on allegations of injury
due to treated wood." He added that he is "confident that the courts will
not sustain any class action on these facts."
EXPLOSIVE ISSUE
Still, even the prospect of litigation is enough to make Wall Street
analysts wary.
"The fear that there might be a health issue here makes this quite an
explosive issue," said Wilde. "The issue doesn't smell good."
Though Georgia Pacific and Universal Forest Products are now the largest
publicly traded players in the treated wood market, other companies
including Louisiana-Pacific Corp. and Canada's Domtar Inc. have made the
product in the past and could also face legal headaches.
"Products out in the marketplace that are sold for long-term use can
generate liability many years after the sale," Brickman said. "You can sue
the manufacturer long after if you are the consumer and you claim injury."
But the controversy surrounding CCA-treated wood has not affected its
sales despite the availability of alternative products, according to
Universal Forest Products' Conklin.
"Frankly, the demand is still for CCA," he said.
A spokesman for home improvement retailer Home Depot Inc., also the
target of several lawsuits, echoed Conklin in saying that sales of CCA-treated
wood remain strong.
One attorney, however, said most consumers are still in the dark about
the chemical's risks, and he expects the number of lawsuits to rise as the
issue picks up steam.
"I've filed three cases for people here in this county and this is one
county out of 92 in one state out of 50," said David McCrae, an attorney in
Bloomington, Indiana. "There have to be a lot of people who have suffered
injuries and never knew arsenic was in the wood."
Laurie Walker agrees, and has begun to speak out about the issue in her
community, leading one local school district to tear out playground
equipment made from CCA-treated wood.
But Walker said she is still not satisfied.
"You can see children grabbing it and swinging around on it," she said.
"I wish more would happen."