Re: Parents want school's mold tested

[Guest guest]

Here is another one in New Orleans in which Mr. Bandaries represented the

plaintiffs. As I understand it, Bruce Kelman of GlobalTox, was not allowed to

testify for the defense as an expert. I beilieve this case ended up quite

well for the sick plaintiffs.

Related Document: _Opinion - MOL-0408-15 _

(http://www.harrismartin.com/pdfs/MOL-0408-15.pdf) (PDF format)

NEW ORLEANS — An estimated 580 Louisiana state employees who allege that

environmental problems were ignored by state agencies can sue those agencies as

a class, a state trial court ruled recently. Watters v. Department of Social

Services, et al., No. 01-17755 (La. Dist. Ct., Orleans Parish).

Orleans Parish District Judge Louis A. Di concluded in a judgment

released on July 20 that the claims of plaintiffs in two consolidated actions

assert common issues of fact and law sufficient for class certification under

Article 591 of the Louisiana Code of Civil Procedure.

The two lawsuits were brought by Sherry Watters and four co-plaintiffs, on

behalf of state workers, and and nine others who worked as child

caregivers for the Louisiana Department of Social Services. Judge Di

certified those plaintiffs as two classes:

'All present or past individuals employed by the State who worked in Plaza

Towers at any time from 1996 to present, who have [been] exposed to toxic

substances and all individuals assigned after the day of filing of this

petition.'

'All present or past 'contract foster-parents' of the Department of Social

Services who were required by the terms of their contractual duties to occupy

the 'Plaza Tower' office building from 1995 to the date of their departure

from the building who were exposed to fungal substances such as mold and mold

spores which were growing on building materials and the by-products of the

mold and mold spores that were released into the air.'

Judge Di also appointed the name plaintiffs in each action as class

representatives, and their counsel as class counsel.

Defendants include Louisiana's Department of Health and Hospitals,

Department of Social Services, and the Department of Administration, which

oversees

office space for the state.

The Watters and plaintiffs allege that workers in the Plaza Towers

offices complained of ill effects from mold and other air quality problems

almost from the time the building was occupied in 1995.

In summarizing plaintiffs' complaints, Judge Di said a state

toxicologist visited the building in 1997 and twice in 2001 because of

complaints and

reported that employers were complaining of headaches, infections, sore

throats, flu-like symptoms and allergic reasons. The illnesses were blamed on

overflowing toilets, roof and ceiling leaks and wet carpets, the judge said.

The state did not test for mold until Oct. 12, 2001, the judge said.

Judge Di noted that the court heard from Dr. Chin S. Young and Dr.

R. Gray and other plaintiffs' experts on the adverse health effects.

The judge said that while the state's expert, Dr. Bruce Kelman, testified

that there were insufficient mold spores to cause the illnesses complained of

by five class members he examined, Dr. Kelman is not a microbiologist.

Despite his negative view of the effects of mold, he did admit that mold in

an indoor environment should be cleaned and is bad and that water damage in a

building can confirm mold growth,' Judge Di said. 'The Court did not

believe that this testimony altered the arguments of plaintiffs in both class

action certifications, concerning the detrimental effects present in this

particular building,' the judge explained.

The Watters and plaintiffs reached a reported $4.25 million

settlement with building insurers earlier this year.

Mickey P. Landry of Landry & Swarr in New Orleans and G. Creely,

L. Hackett and Madro Bandaries of Amato and Creely in Gretna, La.,

represent the Watters and plaintiffs.

The State of Louisiana is represented by Bolner Jr. of Berrigan

Lichfield Schonekas Mann Traina & in New Orleans.

[Guest guest]

Thanx KC for this info. it will be very useful, along with the other one you

sent a couple days ago.

Thanx,

[] Parents want school's mold tested

> Parents want school's mold tested

> Cleanup is delayed until after tests done

>

> http://www.nola.com/news/t-p/frontpage/index.ssf?/base/news-

> 3/1114842407304820.xml

>

> Saturday, April 30, 2005

> By Barbier

> St. Bernard/Plaquemines bureau

> A judge on Friday ordered Chalmette Christian Academy to postpone

> any cleanup of mold in classrooms until after the mold can be tested

> May 7.

>

> Parents of three students at the school filed suit Thursday claiming

> the mold is associated with a variety of illnesses experienced by

> the students. The school has about 225 students in prekindergarten

> through eighth grade. It also has a program for toddlers.

>

>

>

> In a letter recently sent home to parents, the school at 209 W.

> Magnolia St. in Chalmette said it had received comments from parents

> concerned about the possibility of mold in the rooms at the back of

> the school and that samples had been sent to a lab for testing.

>

> In a statement released by the school Friday, officials said the

> results were in and that they " showed no reason for alarm. " The

> school also noted that it had hired a local remediation company to

> investigate and advise officials of the situation .

>

> " This process is still ongoing, and we are following their

> protocol, " the statement said. " We cherish the children attending

> Chalmette Christian Academy, and we strive to keep them in a safe

> and nurturing environment.

>

> School administrator ph Linton said classes are being held as

> usual, but he declined further comment.

>

> At a hearing Friday morning in state District Judge

> Fernandez' court, an attorney for parents Barry Cardon and

> Dauterive asked the judge to prohibit the school from proceeding

> with any clean-up of the mold until after the parents can have it

> tested by experts.

>

> Fernandez said he has received a letter from the attorney for the

> school saying officials agreed to having the testing take place.

> Fernandez ordered the testing to be done May 7 at 10 a.m. and to

> take no more than four hours.

>

> Madro Bandaries, an attorney representing Cardon and Dauterive, said

> the moldy conditions apparently had existed at least two months and

> that the school's letter created more problems than it solved.

>

> Now, he said, parents just want to know if there is a danger to

> students.

>

> " The purpose of the test is to obtain the facts, " he said. " Any

> parent would want to know that. "

>

> According to their suit, the mold caused the students to suffer

> chronic headaches, nausea, respiratory allergies, burning sensation

> in their throats, itchy eyes, fatigue and other problems. The

> illnesses were associated with chronic water leaks, clearly visible

> mold, offensive odors and " general deterioration " of the school

> building, the suit said.

>

> Cardon and Dauterive also sued World Prayer Tabernacle, the church

> that apparently owns the school, and the Louisiana Board of Regents,

> which has governing authority over Elaine P. Nunez Community

> College. The college owns the land and school building, according to

> the suit.

>

> Nunez Chancellor Warner, however, said Friday that the state

> is not responsible for the upkeep of the building. A contract with

> the church " covers us in that, " he said.

>

> Nunez Community College bought the school site in April 2004 for

> $540,000 with plans to use the site for future expansion of the

> college. Chalmette Christian Academy had announced plans to build a

> new school near the church at 4030 Paris Road and to move into it

> last fall, but at the academy's open house, officials said the

> project was delayed because of financing difficulties.

>

> When the new school wasn't ready, Warner said, the college agreed to

> allow the school to remain there at least until the end of the

> school year.

>

> . . . . . . .

>

>

> Barbier can be reached at sbarbier@... or (504)

> 826-3836.

>

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> FAIR USE NOTICE:

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