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FYI, For those of you who do not know about the Haynes family who are to be

featured in PEOPLE, here is a prior press release on the matter.

Jury Finds " Toxic Mold " Harmed Oregon Family, Builder's Arbitration Clause

Not Binding

(http://pdfserver.prweb.com/pdfdownload/216604/pr.pdf) _Download this

press release as an Adobe PDF document._

(http://pdfserver.prweb.com/pdfdownload/216604/pr.pdf)

The case (Haynes vs. Adair Homes Inc.) is a first in the Northwest to award

personal injury damages to a family exposed to toxic mold in a newly built

home. " This verdict is significant because it holds construction companies

responsible when they negligently build sick buildings,†said Vance,

the

family's attorney.

(PRWEB) March 9, 2005 -- A Clackamas County jury on Friday (March 4, 2005)

held Adair Homes Inc. responsible for faulty construction practices that

caused toxic mold to thrive inside and Haynes' new home in Sandy,

Oregon. The jury also found Adair's negligence caused illness in Mrs. Haynes

and

the couple's two small children – , 6, and Liam, 4. The family

experienced severe respiratory, digestive and cognitive impairment. One half of

a

million dollars was awarded to the injured family.

The case is a first in the Northwest to award damages for personal injury to

a family exposed to mold in a newly built home. " This verdict is significant

because it holds construction companies responsible when they negligently

build sick buildings,†said Vance, the family's attorney.

Adair Homes, Inc. which builds hundreds of residences each year in Oregon,

Washington and Idaho, built the house on the Hayne's five acres in early 2002.

Four months after moving in and becoming ill, the family discovered rampant

mold growth inside the walls of their new home. Dry wall and insulation were

installed while the frame was wet from recent heavy rains. Evidence presented

during the trial proved there was standing water in the wall cavities and

the crawl space long after the construction was completed. This led to the

growth of the toxigenic fungi. “You couldn’t have made the framing in that

house

more wet if you had sprayed it with a firehose, " stated Vance.

By the time the Haynes discovered the mold, it was too late. Mrs. Haynes and

the children were exhibiting neurologic and immune system damage.

Haynes reported the problem to Adair Homes, but the company refused to take

responsibility. The family was forced to flee their new house in an effort to

save

the health of the mother and young sons.

Two separate medical evaluations substantiated that both Haynes and

her son, , had mold antibodies in their blood, indicative of dangerous

exposure levels to mold. Numerous experts, including a fungal immunologist,

an occupational therapist and a neuropsychologist testified concerning the

Haynes children's developmental and sensory integration disorders that began

shortly after moving into the Adair built home. The family's treating

physicians

and therapists agreed that Liam’s and ’s medical needs from the mold

exposure will continue for several years to come. ’s teacher

testified that he was placed in a special disabled room at school and may need

to

remain there until at least junior high school. She expects Liam to suffer the

same fate.

Amazingly, the Haynes family almost did not even get to tell their story to

a jury. Adair, like many other commercial entities, utilizes an arbitration

clause in its contract. That clause designates a specific preferred

arbitration service. Adair uses Construction Arbitration Services, Inc., a

company

based far away from Adair's market, in Dallas, Texas. After the case was filed,

Adair moved to stay the case pending arbitration and submitted an affidavit

from the owner of the arbitration service, Marshall Lippman. The judge allowed

the case to go to trial when the family's attorney showed that Lippman had

submitted a false affidavit concealing the fact that he had been disbarred by

the State of New York and Washington D.C. The disbarments occurred because

Lippman had been found to have stolen funds from his clients.

Dr.Bruce Kelman of GlobalTox,Inc, a Washington based environmental risk

management company, testified as an expert witness for the defense, as he does

in

mold cases throughout the country. Upon viewing documents presented by the

Hayne's attorney of Kelman's prior testimony from a case in Arizona, Dr.

Kelman altered his under oath statements on the witness stand. He admitted the

Manhattan Institute, a national political think-tank, paid GlobalTox $40,000 to

write a position paper regarding the potential health risks of toxic mold

exposure. Although much medical research finds otherwise, the controversial

piece claims that it is not plausible the types of illnesses experienced by the

Haynes family and reported by thousands from across the US, could be caused

by " toxic mold " exposure in homes, schools or office buildings.

In 2003, with the involvement of the US Chamber of Commerce and

ex-developer, US Congressman (R-CA), the GlobalTox paper was

disseminated to

the real estate, mortgage and building industries'associations. A version of

the Manhattan Institute commissioned piece may also be found as a position

statement on the website of a United States medical policy-writing body, the

American College of Occupational and Environmental Medicine.

Contact:

Sharon Kramer

Mycotic Disease Awareness

760-822-8026