Guest guest Posted July 14, 2005 Report Share Posted July 14, 2005 Post # 5 Re: Okay, My Declaration is now a Legal, Public Doc Posted by _Sharon_ (http://counsel.net/cgi-bin/chatscripts/mailform.cgi?uid=kfc1955 & dmn=sgd.uge & nam\ e=Sharon & subject=Re:+Okay,+My+Declaration+is+now+a+Legal, +Public+Doc) on 7/08/05 Thank you Doug and D for backing me up. Here is one more snippet of my Declaration in the lawsuit filed against me by Kelman/GlobalTox: 58. In the Kilian case, it is shown that the widely distributed, ACOEM dose response theory of people not becoming ill from indoor mold exposure, is based on the GlobalTox principals' mathematical extrapolations of one, single, high dose, acute exposure study in rats..... 60. In the Kilian case, Kelman indicated in his testimony that the ACOEM Statement was supported by the Institute of Medicine, Damp Indoor Spaces Report (IOM Report), published in May, 2004. Attached as Exhibit 41 is a true and correct copy of the Kilian transcript, P.880:19-25. Regarding the IOM Report, Kelman was asked " And are there conclusions drawn by the authors and researcher of Exhibit 90, the National Academy of Science Institute of Medicine publication, that are consistent with the positions that- and the position paper that you published with Dr. Saxon for the American College of Occupational and Environmental Medicine? " Kelman answered, " They're certainly consistent. I think this is broader. " 63. From the Haynes case, the following is Kelman's under oath testimony, a true and correct copy of which is attached as Exhibit 42, P.29:12 through P.30:3. When asked the question by the defense counsel for Adair Homes, " Based on the studies that you have done, the literature that you have discussed, and your experinece and training, have you formed an opinion based on reasonable scientific probability or certainty as to whether or not there was enough mycotoxin the the home to have caused any illness to Mrs. Haynes, Michale Haynes, or Liam Haynes? " Kelman's answer was " Yes. " The attorney went on: " And, what is that opinion, doctor? " Kelman answered, " There could not be. I mean, the differences between the maximum dose that we could come up with and the level at which we see effects for a broad range of mycotoxins is just too great. " 64. The ACOEM Statement ends with the catch phrase, " Current scientific evidence does not support.... " This phrase could be equally applied by the Institute of Medicine regarding the ACOEM Statement. Attached as Exhibit 43 is a true and correct copy of the summary page of Chapter 4 of the IOM Report which states " Except for a few studies on cancer, toxicologic studies of mycotoxins are acute or short-term studies that use high exposure concentrations to reveal immediate effects in small populations of animals. Chronic studies that use lower exposure concentrations and approximate human exposure more closely have not been done except for a small number of cancer studies. " 65. In light of this information, the following statement would then be a more accurate summary of the IOM Report Committee's conclusions, " Current scientific evidence does not support the use of acute, high exposure rat studies to conclusively establish the absence of adverse human health from inhaled mycotoxins in homes, schools or office environments. " THIS IS QUITE A DIFFERENT SCENARIO THAN CONSISTANCY WITH THE IOM REPORT THAT KELMAN TESTIFIES TO UNDER OATH. Sharon Kramer Quote Link to comment Share on other sites More sharing options...
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