PITTSBURGH – A Pittsburgh-area woman has filed suit against a prominent protective paint and coating manufacturer, charging one of its paint-stripping products for being responsible for the death of her son.
Lauren Atkins of South Connellsville filed suit in the Allegheny County Court of Common Pleas on Sept. 17 versus Rust-Oleum Corporation, of Vernon Hills, Ill.
"On Feb. 12, 2018, Joshua Paul Atkins wanted to strip the paint from the front fork of his bicycle. To complete this task, he had recently purchased a one-quart container of Rust-Oleum Aircraft Remover," the suit says.
"Rust-Oleum did not warn that there was any risk of any significant health effect unless there was 'repeated and prolonged exposure' or 'intentional misuse by deliberately concentrating and inhaling the contents,'" according to the lawsuit.
The plaintiff came home and found her son slumped over in the bathtub.
The suit says responding EMS personnel found Joshua sitting in the bathtub fully clothed, with bicycle parts and a form of paint stripper beside the tub and his head between his legs. Joshua also showed blood coming from his mouth and nose, and showed signs of death with lividity and rigor mortis, the suit says.
"Toxicological testing revealed dichloromethane (methylene chloride) in the cardiac blood at 190 mcg/ml, which is twice the level necessary to cause death. The autopsy and the death certificate identified the cause of death as: 'Toxic Inhalation of Paint Thinner Fumes/Vapors (Dichloromethane),'" the complaint reads.
According to the plaintiff, the Consumer Product Safety Commission's Federal Hazardous Substances Act governed the sale and use of the defendant's paint stripper, but Rust-Oleum allegedly did not comply with its label standards.
"In 2015, defendant Rust-Oleum was advised that this language violated the CPSC guidelines, including because it did not state that inhaling the methylene chloride vapors could be fatal; Rust-Oleum never corrected the warnings in its principal display panel for Aircraft Remover," the suit says.
For counts of negligence, negligence per se, strict liability, breach of express and implied warranties and wrongful death, the plaintiff is seeking compensatory and punitive damages in excess of $50,000, plus delay damages, interest, costs of suit and such other relief that the Court deems just.
The plaintiff is represented by Martin K. Brigham, Charles H. Hehmeyer, Daniel Bencivenga and Noah J. Goodman of Raynes Lawn Hehmeyer, all in Philadelphia.
The defendant is represented by Matthew M. Hoffman of Tucker Arensberg, in Pittsburgh.