Employees: Mold led to health problems

[Guest guest]

http://www.tribstar.com/articles/2004/07/29/news/news01.txt

WHAT WE KNOW: Spokeswomen Terri Acton and Beth Cohen read a prepared

statement near the corner of Fifth and Poplar Streets Wednesday for

the media to explain their stance on a lawsuit they and several

others have filed against Associated Physicians & Surgeons. (Tribune-

Star/ph C. Garza)

AP & S retaliating against those involved in suit by not rehiring them,

plaintiffs say

By Suzanne Risley/Tribune-Star

July 29, 2004

Plaintiffs in a lawsuit against the Wabash Valley Surgery and Eye

Center came forward Wednesday to publicize health problems as a

warning to patients and others who may be affected.

The health problems, which include respiratory illness, headaches and

fatigue, allegedly stem from mold that was discovered growing in 2000

in the building at 422 Poplar St. The lawsuit was filed in 2002 and

is expected to go to trial in October 2006. It also names the

contractor who built the building and architectural firm that

designed it.

The 15 women involved in the lawsuit allege the center's

administration purposely misled its employees about the health

hazards of the mold and did not inform patients of any risks it could

pose to them as far back as 1996, said Terri Acton, a spokeswoman for

the group. Complaints of illness by employees have been documented as

far back as 1995, she said.

They also allege that the Associated Physicians & Surgeons Clinic is

retaliating against those involved with the lawsuit by not rehiring

them when an agreement with Union Hospital ends July 31.

Union Hospital currently leases the clinic building from AP & S and

pays for its support staff.

The agreement concerning the eye center is ending. Those employees,

as of Aug. 1, will be paid by AP & S. Three women working in the eye

center were informed they would not be rehired as AP & S employees

because they were part of the lawsuit, said Beth Cohen, another

spokeswoman for the group and one of the affected employees.

A similar agreement between Union Hospital and the surgery center has

a couple of years left, Acton said.

Attorney Gambill said Wednesday that he is looking into legal

recourse on behalf of those affected by the hiring decision.

Neither Hoolehan, administrator of the clinic, nor its

attorney, Craig McKee immediately could be reached for comment

Wednesday evening.

According to environmental studies conducted in 2000, significant

amounts of toxic mold were discovered, including stachybotrys, which

is a greenish-black, slimy mold that thrives on damp cellulose

products such as wood and paper. Exposure to stachybotrys can cause

chronic respiratory disease, including the development of asthma,

according to the Centers for Disease Control and Prevention.

Women participating in the lawsuit have developed adult-onset asthma,

memory loss, sinusitis and allergic rhinitis, Acton said.

" Several employees were hospitalized with respiratory problems, " she

said.

Water leaks and an inadequate ventilation system partially were to

blame for the presence of mold, according to an April 2000 report by

Artec Environmental Monitoring in Indianapolis.

In a memo dated July 6, 2000, the clinic's administration informed

employees that the study " produced no evidence of harmful

particulates " and that the mold " does not present an immediate health

hazard to persons who regularly work in or occupy the building. "

Union Hospital paid for remediation of the building to remove the

mold in October 2000.

In a memo on Sept. 25, 2000, Hoolehan informed employees that the

remediation would not take any longer than three days over a weekend

and that " the building will not be reoccupied until air testing

confirms no stachybotrys spores. "

The remediation took longer than expected and resulted in patients

coming in for exams and employees working during the process without

any protective gear or masks, Cohen said. Those removing the mold

were wearing hazardous materials suits, Acton said.

" They chose to override the memo, " Acton said, adding she did not

know who made that decision.

And despite the remediation, the mold problem persists, as does

chronic illnesses, Acton said.

The women initially chose to remain silent so the building would be

fixed properly. They decided to come forward Wednesday because clinic

officials " chose to deceive the public, media and employees, about

the extent of the contamination, " Cohen said.

The women want the public to be aware of the problem so they can make

an informed decision on whether they want to be exposed to it, she

said.

Suzanne Risley can be reached at (812) 231-4229 or

suzanne.risley@....