INDEPENDENCE - After 34 years as a machinist at John Deere, the time came for Thomas Kayser to retire. The avid fisherman finally built the house he had dreamed of along the Wapsipinicon River.

He never lived there.

A day after reportedly applying a popular grout sealer in August, Kayser was in a hospital. By mid-September chemical burns consumed Kayser's lungs, his family says. He died at 65.

Kayser left behind a wife, Patricia, and three grown sons, Joe, of Minnesota, John, of Cedar Rapids, and Jason, of Fairbank.

Kayser also was a longtime firefighter in Fairbank.

"He was always very healthy, he always stayed active," Jason said.

Wanting accountability for Kayser's death, Patricia filed a lawsuit in federal court against the manufacturers and distributor of Stand 'n Seal, the grout sealer Kayser reportedly used before falling ill. She blames his death on the do-it-yourself product for allegedly being defective, arguing Kayser inhaled its fumes while applying the sealer to bathroom tile and later died as a result.

Kayser used the product as told to by directions on the can, his family believes. He simply stood and sprayed the sealer - as the name Stand 'n Seal implies - to bathroom tile. No other precautions needed.

The lawsuit seeks damages for medical expenses, funeral costs, loss of accumulation to Kayser's estate and spousal consortium. It names the product's makers Roanoke Companies Group and Tile Perfect, and Home Depot, Stand 'n Seal's exclusive distributor, as defendants.

The can Kayser used was reportedly purchased from the Home Depot in Waterloo.

The suit alleges design and manufacturing defects and inadequate warnings on the part of Roanoke and Tile Perfect and negligence on the part of Home Depot.

All companies responded in court documents that Thomas Kayser is at fault for the injuries he received. They want the lawsuit dismissed.

Roanoke, the parent company to Tile Perfect, which makes the product, declined comment because of pending litigation.

On its Web site, Roanoke bills itself as a top leader in the flooring accessory industry. Other brands it owns are AMCO Tool, Color Caulk, Chapco and AIM.

An internet search shows that others throughout the country also claim Stand 'n Seal caused illness to themselves or loved ones. Several lawyers have postings to round up clients for large lawsuits. In addition, several news outlets nationwide have reported on claims made against Stand 'n Seal.

Many of the concerns about the sealer originated in August 2005, around the time the U.S. Consumer Product Safety Commission recalled a bad batch of the spray after 88 users reported adverse reactions. Also confirmed were 28 cases of exposure that resulted in coughing, irritation and disorientation that led to medical attention.

The illnesses, according to the commission, happened because defective cans lacked a smell strong enough to warn users to back away if too much was applied. While most claiming injury have survived, they claim to suffer respiratory problems.

"I don't know that there's any other deaths. But there are certainly a number of people who have had … chemically burned lungs," said James Hellman, the Kayser's attorney.

Dave Krugler, of Atlanta, is an attorney with about 20 people claiming injury from Stand 'n Seal and "the number is growing daily." He plans to file a lawsuit.

"Our position is that the warning labels on these cans, even the ones being sold today, are inadequate," Krugler said. "To warn people by saying it's going to smell really bad does not sound responsible to me."

As for the Kaysers, Patricia lives in the house her husband built. Thomas Kayser's sons want people to be careful not to find themselves in the same boat as their father. Buyer beware, they warn. Assume no product is safe.

"There are days when you miss him … when you have to deal with a big empty space," Joe Kayser said. "There are days I really wish, I really wish he was back."

Contact Brian Spannagel at (319) 291-1570 or brian.spannagel@wcfcourier.com. Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.