January 29, 2026 – A distressing incident report, initially filed on April 20, 2022, detailed severe health concerns related to the use of an industrial oil-based paint, Sherwin-Williams Enduragloss, at a senior living complex. The paint, reportedly manufactured by Benjamin Moore & Co., was used extensively at the facility for over a decade. An update on February 28, 2025, revealed that testing has since confirmed the presence of both lead and asbestos, with a representative claiming to represent 11 individuals who have fallen ill and alleging multiple deaths due to exposure. A lawsuit filed in 2020 was reportedly closed without resolution, raising serious questions about justice and potential local government involvement.
Product Details
Incident Overview
The incident report centers on an industrial oil-based paint identified as Sherwin-Williams Enduragloss, which was used extensively on door frames, as well as the interior and exterior of a senior complex facility for approximately 14 years, from around 1992 to 2003. This facility also hosted gyms and summer programs, exposing children to the environment where the paint was present. The complex specifically caters to seniors who require assistance.
The consumer first raised concerns based on information from a prior painter at the facility, who alleged that the paint contained lead. Despite these serious allegations, the consumer reported that city and local government officials were unwilling to test the paint for confirmation or address his concerns, even after he attempted to raise the issue at local government meetings. Over the years, some residents of the facility reportedly became sick, leading the consumer to believe that the paint may have been a contributing factor or the direct cause of their health issues.
A significant update to the incident report on February 28, 2025, brought further critical information to light. A representative stated they are assisting 11 individuals who have become sick from this paint used at a redacted address. The representative also confirmed that testing for both lead and asbestos was conducted, indicating positive results for both hazardous materials. The report further claims that, in addition to the 11 people represented, the public and others have been affected, with some individuals reportedly dying from the exposure. A lawsuit concerning these issues was filed in 2020 but was reportedly closed by a judge without justice, with allegations of corruption within Arizona covering for the City of Phoenix.
Safety Concerns
The confirmed presence of lead and asbestos in the paint, as stated in the updated incident report, poses severe and multifaceted safety concerns:
- Immediate Dangers: While the paint was applied years ago, lead-based paint can become a hazard when it chips, peels, or is disturbed, creating lead dust and chips that can be ingested or inhaled. Asbestos, if present and friable (easily crumbled), can release microscopic fibers into the air, which, when inhaled, pose immediate respiratory risks.
- Long-Term Risks:
* Lead Exposure: Long-term exposure to lead can cause severe health problems, particularly in vulnerable populations like seniors and children. For seniors, it can exacerbate existing conditions, impair cognitive function, increase blood pressure, and cause kidney damage. Children are especially susceptible, with lead exposure potentially leading to developmental delays, learning difficulties, behavioral problems, and nervous system damage.
* Asbestos Exposure: Inhalation of asbestos fibers can lead to serious and often fatal respiratory diseases years or even decades after exposure. These include asbestosis (a chronic lung disease), lung cancer, and mesothelioma (a rare and aggressive cancer affecting the lining of the lungs, abdomen, or heart).
- Who Might Be Affected:
* Senior Residents: The primary occupants of the facility, often with compromised immune systems and pre-existing health conditions, are highly vulnerable to the effects of lead and asbestos.
* Children in Programs: Children who attended gyms and summer programs at the facility during the paint’s presence are at high risk for developmental issues from lead exposure and long-term risks from asbestos.
* Staff and Visitors: Individuals who worked at or regularly visited the facility during and after the paint’s application could also have been exposed.
* Former Residents/Occupants: Given the latency period for asbestos-related diseases, individuals who lived or spent time at the facility in the past could still develop health issues.
- Property Damage Potential: While not directly detailed in the report, the presence of lead and asbestos constitutes a significant environmental hazard, requiring specialized and costly abatement procedures. This could lead to substantial financial burdens for property owners and potentially impact property value.
What Consumers Should Do
Given the serious allegations and confirmed presence of lead and asbestos, consumers should take immediate action if they suspect similar issues in properties they occupy or own:
- Immediate Steps to Take: If you are in an older building (especially pre-1978 for lead paint, or any building where asbestos materials were used), and you observe chipping, peeling, or deteriorating paint, do not disturb it. Avoid sanding, scraping, or dry-sweeping dust in such areas. Ensure good ventilation, and if possible, temporarily relocate vulnerable individuals (seniors, children) until the situation can be assessed.
- How to Check if You Own the Affected Product/Are Affected: If you or a loved one has resided in or frequented older facilities, particularly those built or renovated between the early 1990s and 2000s, and you have health concerns, consult with a medical professional. If you suspect your property contains lead or asbestos-based materials, contact a certified lead and asbestos testing professional to conduct an inspection and take samples. Do not attempt to test materials yourself.
- Prevention Measures: If lead paint or asbestos is confirmed, professional abatement is typically recommended. Always use certified professionals for removal or encapsulation of these hazardous materials. For any renovation projects in older homes or facilities, assume lead and asbestos may be present and take appropriate precautions, including sealing off work areas and using personal protective equipment.
- Reporting Procedures: If you have concerns about unsafe products or environmental hazards, report them to your local health department, environmental protection agency, and the U.S. Consumer Product Safety Commission (CPSC). For health-related issues, consult your doctor and inform them of potential exposures.
Manufacturer’s Response
No response has been provided by the manufacturer.
Legal Help Available
If you or a loved one has been injured by a defective product or suffered property damage due to a product malfunction, you may be entitled to compensation. The experienced product liability attorneys at Farzan Law understand the complexities of defective product cases and can help you navigate the legal process.
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Note: This information is based on incident reports provided by the U.S. Consumer Product Safety Commission. If you find information that is incorrect, please contact us immediately so we can correct the post to reflect accurate information.
Disclaimer: The information provided in this post is not intended to be legal or medical advice. This article is based on publicly available incident reports. The incidents mentioned have not necessarily been independently verified or adjudicated.