A bed bug class action marches on in Des Moines, Iowa, with residents of two apartment complexes for the elderly and disabled alleging in court papers that the buildings’ management ignored the problem until confronted with litigation.
The plaintiffs are asking that the suit, originally filed in March, be certified as a class action so that it can inch closer to trial. The implications for the plaintiffs are real, with many seeking refunds of rental payments and compensation for property lost to the infestation.
Elsie Mason Manor and Ligutti Towers, the buildings at issue, are home to many residents on fixed and limited incomes, who don’t have the necessary means to fully address the problem themselves. As a result, those residents are essentially at the mercy of the buildings’ managers.
Variety of hardships
In addition to the often-crippling financial burden -- victims of bed bug infestations often have to throw out all their furniture and sometimes their clothes as well -- the incident has caused residents physical and emotional hardship.
The complaint says that at least 250 tenants have experienced substandard and unconscionable living conditions as a result of the epidemic.
“Everybody sleeps on the floor,” Robert Hobbs, a resident of Elsie Mason, told The Des Moines Register. “You have to.”
Management targeted
Despite its pious-sounding name, American Baptist Homes of the Midwest -- which manages the two buildings -- is depicted as downright Scrooge-esque in the complaint. The company allegedly dismissed reports of bed bugs at first, and then blamed the problem on residents’ hygiene, a belief that is unfounded and scientifically inaccurate. (As bed bug expert Harold Harlan explained to MSNBC, “the cleanest living area can have a very large infestation, and improving sanitation alone will not eliminate an established bed bug population.”)
After the suit was filed, things seemed to be looking up for the plaintiffs. American Baptist CEO Dave Zwickey declared that his was “a faith-based, values-driven organization” that would mount “a real-time response to the problem.”
But the spirit of cooperation has apparently broken down somewhat, with Zwickey telling the Register that he thinks at least some of the plaintiffs’ claims “are both inaccurate and exaggerated.” Zwickey stressed, however, that after the complaint was filed, his company made use of “thermal radiation,” a process that involves heating apartments to 140 degrees for six to eight hours. American Baptist has also sent bedbug-sniffing dogs into the apartments on several occasions. Zwickey says the treatments have helped, leading to “a much different situation than we had last March.”
“Necessary to take this next step”
Meanwhile, plaintiffs’ attorney Jeff Lipman is turning his attention toward pushing the case through the courts. “Although we never foreclosed the possibility of settlement, we now find it necessary to take this next step,” he told the Register.
The plaintiffs want the entire building fumigated as soon as possible -- since bed bugs can easily migrate from one apartment to the next -- and ask that potential residents be informed of the problem ahead of time.
The case highlights the fact that bed bugs aren’t going away any time soon -- and that homeowners should take action to prevent an infestation in the first place.
Consumers should steer clear of second-hand furniture or close whenever possible, as bed bugs can hop a ride on those items while remaining out of sight.
Those who live in high-density areas, especially New York City and the surrounding areas, should also consider investing in a bed bug-proof mattress cover.
