Firefighters win suit over mold at work

[Guest guest]

In these cases, scientific experts disagreed about whether mold can

make one sick.

" The short answer to that question is, yes, it does, " said

Milstone, medical director of the lung transplant program at

Vanderbilt University Medical Center. Mold is a well-described

source of infections, he said.

" I guess my message is, if you're susceptive to mold and if you can

see the mold, you have the potential for health risk, " he said.

Saturday, 11/05/05

Firefighters win suit over mold at work

Metro weighs whether to appeal decision awarding $76,000

By SHEILA BURKE

Staff Writer

http://www.ashlandcitytimes.com/apps/pbcs.dll/article?

AID=/20051105/NEWS03/511050355/1291/MTCN01

Two firefighters and their wives were awarded $76,000 by a judge

after claiming that mold in a West End fire station made them sick.

Berry, who retired with a disability pension, and Roy ,

who still works for the department, claimed that they were sick

because of mold growing rampant at the hall. Metro had argued that

the men's illnesses were because of pre-existing conditions and not

caused by the relatively low levels of mold.

A lawyer for the plaintiffs said he was pleased with the decision by

son County Circuit Court Judge Walter Kurtz.

" This was never primarily about the money, " Nashville attorney

Norris said. " Firefighters put their lives on the line for the rest

of us, but they expect and are entitled to a safe workplace. "

Winning a mold case is not unusual, an outside legal expert said.

" But it is very hard, depending on the facts, to show that a

particular illness was caused by mold as opposed to some genetic

precondition or some other environmental factor, " Vanderbilt Law

School Professor Goldberg said.

In this case, the plaintiffs argued that their underlying medical

conditions were exacerbated because of the mold.

The argument that mold simply irritated underlying medical problems —

as opposed to being the cause — is unusual, said Bill Herbert, one

of Metro's defense lawyers in the case.

" This is a novel issue, " said Herbert, who believed it was the only

time Metro had been sued in a case that involved mold. " I think

that's really why the judge's award of damages was so low, because

they had this pre-existing condition. "

Herbert said Metro officials were considering whether to appeal the

judge's decision.

Metro's attorneys pointed out that both men had been heavy smokers

previously, had a number of allergies, and that even their own

doctors found that mold was not one of the allergens. The government

also argued that air quality tests in the West End fire hall showed

higher concentrations of mold outside the building than inside.

But Kurtz, who issued on opinion on Oct. 21, was heavily influenced

by the doctors who testified for the firefighters.

" () had a pre-existing condition of chronic sinusitis and

chronic obstructive pulmonary disease, " Kurtz wrote in his

opinion. " The mold-moisture at the fire hall aggravated his

symptoms. "

He made a similar finding for Berry. The judge also faulted the city

for failing to do anything about conditions at the fire hall.

" Metro was on notice that the problems at the West End fire hall

were causing problems with its workers, " Kurtz said. " Metro did not

respond to those complaints in a reasonable manner and the court

finds that this inaction was negligent. "

Both firefighters claimed they were made sick on the days they

worked with symptoms of sinusitis, headaches and shortness of breath.

Berry, 51, had been with the Nashville Fire Department since 1978.

During the trial, Berry testified that he first noticed a moisture

problem in the building sometime around the mid-1980s.

The walls, floors and bedding in the sleeping area were wet all the

time, he said.

That was also about the time that he said he noticed sinus problems.

His problems got worse over the years, even after the

Fire Department moved dehumidifiers in the building in the early

1990s.

Several other previous and current firefighters also testified of

problems with mold and humidity and said there had been a number of

complaints about the building.

The fire hall, at 3911 West End Ave., recently underwent a

renovation that cost more than $1.8 million.

Metro officials did not say mold was the reason, only that it was

the first of several fire halls that underwent renovation after a

study showed that many were in need of repairs, renovation, closing

or consolidation.

There has been a proliferation of mold lawsuits nationwide in the

past few years. An American Bar Association Journal article

predicted that mold could be " gold " for plaintiffs' lawyers.

In 2001 a jury awarded a Texas woman $32 million after she sued her

insurance company to cover water and mold damage in her 22-room

house.

Also that year, a Florida jury ordered the builders of a county

courthouse said to be infested with mold to pay $14.2 million.

In these cases, scientific experts disagreed about whether mold can

make one sick.

" The short answer to that question is, yes, it does, " said

Milstone, medical director of the lung transplant program at

Vanderbilt University Medical Center. Mold is a well-described

source of infections, he said.

" I guess my message is, if you're susceptive to mold and if you can

see the mold, you have the potential for health risk, " he said.