Score one for our team!!! Doug Haney.

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Post: Major Mold Litigation Event To Report- Doug Haney

Posted by _ R. Haney_

(http://counsel.net/cgi-bin/chatscripts/mailform.cgi?uid=Vgmydsk_zsfwq52 & dmn=zgl\

esad.uge & name=+R.+Haney & subject=Major+M

old+Litigation+Event+To+Report-+Doug+Haney) on 4/24/05

First legal situation this week:

If there " were " any doubts as to human micro fungi

exposures influencing serious human diseases (e.g., doubts

cast by insurance industry articles), one major insurance

provider came " front-and-center " with a real " eye opener "

in a small Mediation Room a couple of weeks ago. Though I

am cannot discuss the actual case, I can provide you with

facts resulting from the negotiating that took place

regarding the settlement agreement. Let's just say that

after presenting a little over an hour in explaining why

and how science is aware that micro fungi are much more

dangerous than portrayed as little cartoon monsters

crawling in and out of toenails shown in television

commercials, defense attorneys suddenly asked to speak

with plaintiff attorneys, out in the hall.

I mentioned that I would gladly continue my presentation

with several display boards that I had on standby, but my

offer was " waved off " , so to speak. That moment signified

the end of my presentation. I felt however, very confident

that I had done my very best to present fairly and

factually without any suggestion of bias the facts as they

are viewed scientifically in the medical research

community.

For instance, I left little doubt that micro fungi are

live cells that are not plant life, but very close to

human cellular composition in structure both chemically

and physically. I explained the mechanisms micro fungi use

in performing their ecological niche (job in nature) to

decompose dead and dying species (in this case humans

while they are still living), and why. I demonstrated

clearly a direct correlation between certain mold species

and the process used to mutate human cells and why. And,

when I was near completion, evidently the defense

attorneys had seen and heard enough.

For nearly two weeks I wondered whether or not my

presentation had productively educated everyone in the

mediation room as I had hoped to assist all parties to

this litigation reach their decisionmaking in a settlement

process that might avoid further misery for all involved.

These cases of course are not easy for anyone involved

from the attorneys to the judges to the poor clerical

employees, to the deposition recorders, to the people who

have to serve papers, copy documentation, and so on and so

on...

The answer to all of this came on Monday afternoon of

April 18,2005. After three years of tossing this case back

and forth and tons of research and paperwork it was over a

settlement had been reached. This ordeal was over, and

instead of the environmental micro fungi exposure victim

(plaintiff) receiving a sum ranging in the lower six digit

range ($x00,000) as originally posed, the case actually

settled in what one attorney indicated was a " substantial

seven digit figure " ($x,000,000) based primarily on

circumstances relating to the probability of health issues

(causation) triggered by fungal exposure. "

What this demonstrated to the judge in this mediation

process, a man well known for his integrity, quality of

experience in litigation, and insurance standards (as he

was at one time a California State Insurance Commissioner)

is that indoor (pathogenic, or disease-causing) mold

exposures are not healthy for any human regardless of how

healthy they might believe they are. His Honor came back

into the room as I was leaving to shake my hand and let me

know that it was an honor to meet someone who is an expert

in his field. This made all of the 19 years of very hard

study in the molecular sciences, well worth the

dedication. Nearly two years ago on this Board I stated

that I would provide the facts that would change things

and set the facts straight. That is happening now, as

promised.

Since the Houston, TX environmental indoor mold-related

death case I was a professional consultant on enviromental

health and safety to in 2002, and the litigation matter in

Fresno, CA where a 16-month infant died under similar

circumstances, I have hoped and prayed that medical

professionals would really become involved in mycotic

diseases and start treating them. This progress has not

surfaced rapidly, though we are now hearing of many

medical doctors who are expressing more than a keen

interest in it. Since then I have had many friends suffer

greatly from such exposures and have lost a few near and

dear to me. It is time for us to move forward and rapidly

in finding long term medical solutions rather than through

litigation.

It is extremely rare I am told, that an expert is allowed

into a mediation event that is primarily designed as

a " quick " solution of a litigation matter, and for a

settlement of this magnitude to be awarded out of a

mediation conference is rare at best. However, I want to

congratulate the defense team in this case for really

understanding the seriousness of micro fungi-related

exposures, and members of the " major " insurance company

involved for realizing that the world is changing rapidly

in communication and intellect, and that the science

involving the deadly forces of micro fungi are " right

here, right now " in the annals of 21st century molecular

science.

This highly successful conclusion to a very difficult

situation for all involved, clearly demonstrates that the

scientific community is as close as the touch of a

keyboard, and there is little area left in the world to

hide what is true in health and nauture. This also

indicates that some very people-oriented insurance

companies do listen and learn, and are willing to move

toward and work with human health needs once the facts are

known without reservation.

I hope what occurred in San Francisco on one cold and

windy morning will serve to help us all understand that we

are all in this search for truth and wisdom together.

Micro fungi as pathogens (disease-causing microbes) is a

problem that we all are responsible for finding answers

to.

Again, I offer to debate on any nationally-televised talk

show (only because this gives you more of a chance to make

a fool of me, if you believe that is possible)any medical

doctor in the country who truly believes that respiratory

exposure to micro fungi does not influence (i.e., actually

initiate causative influence)human disease. I have stated

this for over three years with only one talkshow host who

was brave enough to take me up on it. Within 15 minutes of

his show he was referring to me as a " true expert. " I

relate that I do not offer this as any form of boast as to

my qualities or abilities. I simply offer this to bring

facts about micro fungi and their health dangers to the

forefront so that we as humans can begin to work medical

health resolutions to the problem rather than wage battles

in litigation processes that only tend to adversely affect

us all. Litigation is not the answer, though currently

until we all get on the same page, it is necessary.

Doug Haney

EnviroHealth Research & Consulting, Inc.

E- _Haney52@...