Weyerhaeuser Flak Jacket Issue Prompts Lawsuits from Homeowners

If you received a notice that your home contains Weyerhaeuser’s TJI joists with Flak Jacket protection, recently filed class action lawsuits may affect your rights. Read on to learn more.

What’s Going On?

Class action lawsuits are claiming that Weyerhaeuser’s TJI joists with Flak Jacket protection are defective and off-gassing formaldehyde at levels that far exceed safety standards. Although the company has sent out notices that it would replace the affected joints, attorneys working with ClassAction.org believe that the company isn’t doing enough to help people whose homes were built with these TJI joists.

Ok. Tell Me More – Why a Class Action When Weyerhaeuser’s Going to Fix the Joists?

Weyerhaeuser has agreed to cover the cost to “remediate or replace affected joists.” The company has not said, however, that it would pay for other expenses related to the joists problems.

These expenses – which could be recovered through a class action lawsuit – include:

Costs associated with repairing, removing and/or replacing the joists
Money for the loss of property value
Relocation expenses
Cost of monitoring formaldehyde levels
Cost of medical monitoring following exposure
Wages lost while dealing with repairs
Costs associated with delayed closings on home purchases/sales

Furthermore, lawsuits are claiming that Weyerhaeuser’s suggested remedy – to simply apply a paint coating to the joists – has already been rejected by professional builders. And, the suits claim, for those whose joists will be completely replaced, the homeowner will be responsible for retaining their own engineers to verify that the structural integrity of the home once the work is completed.  

What Are the Lawsuits Saying, Exactly?

The lawsuits make serious claims against Weyerhaeuser, including:

The joists are defectively designed and manufactured
The gases emitted from the joists render homes uninhabitable and pose a serious safety risk to residents
Weyerhaeuser’s warranty will not fully recover the cost of repair and/or replacing the joists

The suits further claim that short-term exposure to formaldehyde (even as little as 15 minutes) can cause headaches, coughing, respiratory failure, nausea and dizziness. Long-term exposure to formaldehyde has been linked to several cancers, as well as joint pain, and irritation of the eyes, nose and throat, according to the suits.  

Were the Joists Recalled?

Not exactly. Weyerhaeuser issued a press release announcing that it has “halted all production, sales and shipments” of the TJI Joists Flak Jacket Protection product and would collect unused product from consumers. The company has stopped short, however, of calling this an official recall. The press release – and this investigation – only pertain to the TJI joists manufactured after December 1, 2016.

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