Mold pushes family out

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http://www.heraldnet.com/Stories/02/9/25/15861275.cfm

Wednesday, September 25, 2002

Mold pushes family out

No laws offer recourse for problems

and Lawton on Tuesday stand in front of the home they bought in

December on Walnut Street in Everett. They say they were forced to move

because of toxic mold.

[Click photo to enlarge]

Wearing a protective suit, Lawton, 37, enters the home Tuesday. Her

husband blames toxins from mold in the house for his health problems.

[Click photo to enlarge]

By Theresa Goffredo

Herald Writer

EVERETT -- Lawton, his wife, , and their 5-year-old daughter

moved into their house on Walnut Street in December 2001.

About six weeks later, Lawton became violently ill with coughing,

vomiting, a 104-degree fever, migraines and fatigue. He had to stop driving,

and the vibrations inside his ear made conversations sound as if he was

listening underwater.

He blamed the mold. The inch-thick patch of grayish-green mold about a foot

wide and 2 feet long that he had tried to clean behind the upstairs bedroom

dresser. And the patches that coated the closet walls and covered Lawton's

favorite slippers. And the mold that had infested his daughter's stuffed

animal collection.

The Lawtons say high levels of toxins from the mold forced them to move out

of the three-bedroom, one-bath home they planned to remodel and where they

had planned to open a bakery.

Lawton can't work now and underwent an operation Friday to reduce

inflammation on the gland behind his right ear.

Instead of trying to exorcise the house of mold, the Lawtons decided to

pursue the matter in court. In the process, they will lose the house when

the bank repossesses it and may lose their $157,000 investment. But the

couple say it's worth it if they can keep other people from getting sick.

The Lawtons don't want anyone else to live in the pale green house at 2509

Walnut St. They say the house should be demolished, because it has been

taken over by toxic mold.

" That house needs to be torn down and the whole lot excavated, "

Lawton said.

The Lawtons' case may be an extreme example of a problem that is growing in

Snohomish County and elsewhere. More people are complaining of problems

related to mold, which is being linked to everything from asthma to

allergies to cancer.

The problem has gotten bad enough locally that Snohomish County Health

District officials began tallying the number of mold complaints. In 2001,

the district received 670 mold-related inquiries. So far in 2002, they've

received 600 calls, and the fall wet season when mold best thrives hasn't

begun yet.

" People have different susceptibilities, too, and some live with it and

others get sick, " said Hanada, health district manager for the solid

waste and toxic section.

The health district has no authority to red tag a house because of toxic

mold, but district officials do offer education to concerned callers. Hanada

said there have been cases throughout the country of people becoming

seriously ill from exposure to toxic molds.

In Michigan, an 8-year-old girl suffered asthma attacks from mold exposure

severe enough to motivate Rep. Conyers Jr., D-Mich., to introduce

legislation requiring the government to issue mold inspection guidelines.

The pending U.S. Toxic Mold Safety and Protection Act would also mandate

research and standards for mold-removal professionals.

There are no state laws that give people a recourse against toxic mold,

because there's no way to protect large populations with lots of different

variables, said Tim Hardin, indoor air quality manager for the state

Department of Health.

" There are some molds that produce toxins, and we don't have a good idea on

a large scale what that represents, " Hardin said, adding that such studies

are under way.

In the Lawtons' case, Hardin said he would have advised the couple to stay

in the house and fight the mold.

The Lawtons' home inspector allegedly missed the mold problem during the

initial visit and didn't use a moisture meter, the couple said. That same

inspector returned in February and advised the couple to find another place,

but the Lawtons had already moved.

" It is extremely unusual to find such extensive moisture intrusion

throughout a house, " the inspector wrote.

Also, the Lawtons said the people who sold the home to them didn't mention

moisture damage on the seller's disclosure statement. The Lawtons had

insurance, but their policy specifically excluded mold damage.

It's for those reasons and Lawton's illness that convinced the

couple to seek a lawyer.

Personal injury attorney Mike Rosedale agreed to talk in general, but

declined to mention specifics about the case, including the seller's name or

real estate agent.

" The biggest thing is that this has destroyed his life, " Rosedale said of

Lawton. " It's just hammered him. "

Rosedale, who hasn't filed any legal action yet, said the bulk of the battle

is proving whether the mold was deliberately hidden from the Lawtons.

Lawton's injuries, however, are easy to prove.

" I know I never want to subject my family to this, " Rosedale said. " And (the

Lawtons) want to make sure whoever buys the house, they do so with eyes wide

open. "

To protect against becoming a toxic-mold victim, Rosedale suggested that

buyers test a home's air quality, especially in older homes, before buying.

Since they moved out, the Lawtons have had the circa-1910 home tested by

Healthy Buildings Inc., an indoor air quality consultant in Seattle. The

company found several rooms that registered more than 60 percent moisture

saturation. A typical home ranges from 10 percent to 30 percent.

Lawton doesn't go into the Walnut Street house anymore. When his

wife visited the home Tuesday, she wore a protective suit.

Lawton, 47, who used to work as a chef aboard private luxury yachts,

wanted to open a bakery at the house and had an investor lined up before the

mold was discovered.

When Lawton, 37, went through the house Tuesday, she pointed out that

the giant stuffed polar bear named Snowball that her daughter had received

on her first Christmas would have to be thrown away.

And she said it was sad to walk away from the first home she has ever owned.

" But I don't want anyone else to get sick, " Lawton said, standing in

the front yard and holding back tears. " I don't want anyone else to lose

their dreams. "

You can call Herald Writer Theresa Goffredo at 425-339-3097

or send e-mail to goffredo@....