Consumers across Wales could be entitled to compensation if they are aware of the symptoms of contact dermatitis, more commonly known as 'sofa rash'.
Leo Abse & Cohen is campaigning to raise awareness of consumers' rights to claim for the pain and suffering caused by the condition, and is urging people to be aware of its symptoms which can include itching, burning, blistering or weeping skin and even breathing difficulties.
In what could lead to one of the biggest 'product liability' claims in British legal history, more than 1,000 people in the UK are pursuing claims for compensation after buying their sofas from high street retailers Argos, Land of Leather, and Walmsley Furnishings, which are all manufactured by Chinese company Linkwise.
We are representing a number of cases against Argos, where victims have been exposed to a substance called di-methyl fumarate (DMF) in its Pia and Bari ranges.
Argos, which has sold about 30,000 of the sofas, carried out an investigation and identified what it believes is the anti-mould chemical - a substance known as DMF. It is a particular toxic fungicide which reacts to body heat and releases poisonous vapour into the leather. Contact often results in burns, blistering or weeping of the skin. Some claimants have also complained of breathing difficulties due to exposure of the chemical.
The company has removed the sofas from sale and given refunds to anyone who has bought them.
But Aled Gruffydd, a personal injury solicitor at our Swansea branch said: "One of the concerns is that we don't know how far this problem has spread. We're concerned that the product recalls which have been undertaken do not identify all the furniture which may have been affected.
"We don't know enough yet about the manufacturing process, the storage of the furniture and the chemical DMF to know whether or not this problem is much more widespread.
"What we do urge is that anyone who thinks they are suffering from symptoms of contact dermatitis should seek medical attention and be aware that they may have a strong case to make a claim."
Earlier reports suggested the Health and Safety Executive (HSE) was trying to determine the cause of the condition. It is likely that further medical reports will need to be carried out on individual claimants to confirm whether they have suffered a reaction to exposure from DMF.
A steering group has been formed by law firms who are dealing with these cases to co-ordinate the number that are currently in existence through out the UK to ensure that any claims or compensation awards are dealt with consistently if the case is proven. It has highlighted the need for a further study to determine whether there are any long term effects of exposure to DMF.
The steering group has won the support of Argos who are supporting medical studies and co-operating with claims.
Aled Gruffydd added: "For some sufferers it is too late and the symptoms have not just affected their health, but their day-to-day lives. In severe cases the symptoms can appear in as little as two to three weeks and prevent consumers from going to work. As well as being very painful, the cosmetic appearance of the dermatitis can also be extremely distressing.
Case Study
One of our clients, who does not wish to be named for personal reasons, purchased a leather sofa from the Bari range at Argos during July 2007. Within three weeks of the sofa being delivered our client noticed blisters breaking out all over their body. It also caused the lips to swell.
The blisters would burst and weep through any clothing being worn at the time and the client had to wear three layers of clothing at a wedding in September 2007 to prevent the weeping from being visible.
The timing of the outbreak could not have been worse for the client who had become a parent in late August and could not hold their child for a number of weeks due to this condition.
The client visited their doctor who had seen a similar case reported in the newspaper. This resulted in the client contacting their local Argos store, who arranged for the sofa to be collected. On collection, the delivery man turned up wearing full-length protective gloves to handle the sofa.
The sofa was replaced at no cost to the client, who was eventually seen by a dermatologist at their local hospital where they were prescribed medication to treat the condition, which is slowly improving.