Here it is! Expert defense witness, ALLERGIST Emil Bardana's article

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By Will Boggs, MD

NEW YORK (Reuters Health) - Mold and dampness can cause coughing and

wheezing, but there is little evidence to support the existence of the

so-called

toxic mold syndrome, according to a report by researchers at the Oregon Health

Sciences University in Portland.

Toxic mold syndrome -- illnesses caused specifically by exposure to mold --

continues to cause public concern despite a lack of evidence that supports

its existence, researchers explain in the September issue of the ls of

Allergy, Asthma & Immunology. Several critical reviews have failed to find

scientific support for toxic effects from breathing in mold spores as a viable

mechanism of human disease, they add.

Dr. Barzin Khalili and Dr. Emil J. Bardana, Jr. describe the clinical

characteristics of 50 patients with complaints of illness they attributed to

mold

exposure in their home or workplace. The patients had been referred by a

defense attorney in a civil litigation or by insurance adjusters representing

worker's compensation agencies.

There was no consistent set of symptoms, the authors report, with patients

having an average of more than eight symptoms. Most patients reported a family

or personal history of allergy or asthma.

Three quarters of the patients had abnormal physical examination results,

the researchers note, with inflammation of the eye or skin and congestion

occurring most commonly.

Thirty patients had other non-mold-related illnesses that could explain

most, if not all, of their mold-related complaints, the report indicates, and

nearly two thirds of the individuals had evidence of a previously diagnosed

mood

disorder.

" In fact, " the investigators write, " when the entire history and objective

evidence were scrutinized, a number of well-established and plausible

diagnoses emerged that explained many, if not all, the complaints. "

In a commentary in the journal, Dr. Abba I. Terr from UCSF Medical Center,

San Francisco contends that toxic mold disease is " the latest in a series of

environmentally related pseudo-illnesses " that include multiple chemical

sensitivity, also known as idiopathic environmental intolerance, and chronic

fatigue syndrome, which was attributed at one time to infection with

Epstein-Barr

virus.

" Since these authors have determined that the patients they describe do not

have a mold-related disease but are nevertheless seeking compensation for

presumed illness through a legal process that has defined it in those terms,

toxic mold disease is truly a diagnosis of litigation, " Terr concludes.

SOURCE: ls of Allergy Asthma and Immunology, September 2005.

(Question: What are " annals " of AAI? I think I know, but maybe not!)

From the Website of the Center for Disease Control:

Mold Toxins (Mycotoxins)

Molds can produce toxic substances called mycotoxins.

Some mycotoxins cling to the surface of mold spores;

others may be found within spores. More than 200

mycotoxins have been identified from common molds, and

many more remain to

be identified. Some of the molds that are known to

produce mycotoxins are commonly found in moisture-

damaged buildings. Exposure pathways for mycotoxins

can include inhalation, ingestion, or skin contact.

Although some mycotoxins

are well known to affect humans and have been shown to

be responsible for human health effects, for many

mycotoxins, little information is available.

Much of the information on the human health effects of

inhalation exposure to mycotoxins comes from studies

done in the workplace and some case studies or case

reports.* Many symptoms and human health effects

attributed to inhalation of mycotoxins have been

reported including: mucous membrane irritation, skin

rash, nausea, immune system suppression, acute or

chronic liver damage, acute or chronic central nervous

system damage, endocrine effects, and cancer.

More studies are needed to get a clear picture of the

health effects related to most mycotoxins. However, it

is clearly prudent to avoid exposure to molds and

mycotoxins.

STUDY FINDS MOLD MAY ONLY BE HAZARDOUS TO GOVERNMENT

OFFICIALS AND THEIR FAMILIES

October 11, 2005

As if government officials did not have enough to

worry about in these days of allegations of rampant

corruption, a new study finds they may be more

susceptible to ‘toxic mold’ exposure than their

constituents.

While the average citizens of New Orleans are being

encouraged to return to the city with little warning

of potential health hazards from breathing mold and

the toxins they produce, Governor Kathleen Blanco has

been residing outside of the Governors mansion. The

mansion has been undergoing a tax payer paid, $800,000

renovation - $500,000 of which is for mold removal.

In 2003, Brown, who leads the consumer

protection division for Kansas State Atty. Gen. Phill

Kline, sued Kansas Republican Party Chairman Tim

Shallenburger over the home Brown purchased from

Shallenburger, which was reported to have mold. Brown

said things started falling apart in the house and

that his children became ill because of mold.

Mr. Brown has not taken any known stance in the state

of Kansas to assist numerous average citizens claiming

difficulty from mold. This would support the current

scientific evidence frequently used in mold

litigation. Mold is only dangerous for government

officials and their families. As further evidence of

this phenomenon and according to a survey conducted by

the National Insurance Affiliation, 99.9% of average

citizens complaining of mold illnesses are reported to

be liars and whiners.

After a $5.6 million dollar renovation of the South

Carolina Governors Mansion three years earlier, First

Lady Sanford said stachybotrys was causing

health problems with her family. Stachybotrys is a

known toxin producing mold. According to Mike

Sponhour, spokesman for the South Carolina State

Budget and Control Board which oversees maintenance on

the building, “We understand the concern the first

lady has for the health of her family and children. We

take that very seriously. We’re committed to doing

everything we can to fix the problem and make sure it

doesn’t happen again.†Like numerous other government

officials’ families from across the US, Governor

Sanford’s family is apparently highly susceptible to

mold induced illnesses.

Another government official who may suffer from

susceptibility that the average citizen does not, is

North Carolina Governor Mike Easley. In August of this

year, he and his family were forced to move from the

governor’s mansion because of mold. This is the second

time in four years that the 114 year old mansion has

been invaded by mold. According to Secretary of

Administration Gwynn Swinson, the governor and his

family needed to clear out for health reasons.

A study done earlier this year was able to establish

average citizens as those who may not suffer from the

same mold illness susceptibility as analyzed in the

Government Officials’ Study. Dr. Emil Bardana,

President of the American College of Asthma, Allergy

and Immunology (ACAAI) and prolific expert witness in mold

litigation, examined 50 mold cases that ended up

court. The study by allergist Dr.Bardana concluded

that no credible medical evidence has emerged to link

mold exposure to the wide range of serious medical

conditions associated with toxic mold syndrome - which

is a poisoning, not an allergy.

Although memory and immunological complications have

been reported by many Americans who have been exposed

to mold in prior flooded buildings, a WebMD Health

Alert regarding toxic mold syndrome and issued to the

public in September of this year quoted allergist Dr

Bardana as saying, “We know that mold can make people

sick if they end up in the foods they eat. But there

is little evidence that inhaled environmental mold

exposure can cause the serious illnesses that are

attributed to it.â€

This is a sentiment echoed by Dr. Redd of the

CDC. Redd indicates there is no evidence of toxic mold

causing illnesses, except when eaten or touched. “They

won't produce these toxins at all times but under

certain circumstances, like the nutrient supply is

getting short or some environmental issue, they may

start producing toxins and those can be dangerous if

they're eaten or if they're touched, " said

Redd. " There's up to now not been evidence that

airborne mold toxins have produced disease.†It is

unclear if the health advisory by the CDC spokesman

regarding no known ill health from inhaling mold

toxins applies to government officials and their

families or only the public at large. "

After the implication of safety from these Health

Alerts, sales of HazMat suits that are typically worn

to protect from inhaling mold during remediation are

anticipated to decline. “Gosh, who knew we could

breathe that stuff in all day long and it wouldn’t

hurt us one bit besides a runny nose. I’m just buyin’

me some gloves,†said Bubba , owner of a brand

new remediation company that provides expert advice to

the citizens of New Orleans regarding mold clean up.

Mr was unable to remember the name of his new

company.

Through the University of Mississippi, additional

research is underway by ACAAI allergists to determine if

stress from Katrina plays any role in increasing the

impact of mold on the average citizen. It is uncertain

if the focus of this research is the stress from

Katrina itself, or the stress of having the medical

community and government health agencies not

acknowledge and treat the known physiological impacts

of mold toxin exposure - in the general public. Either

way, physicians writing precriptions for

antidepressant medications and referrals to allergists

are anticipated to rise. Antifungal prescriptions are

thought to remain stable. The number of mold

litigation cases currently clogging the courts is

anticipated to increase, requiring more of the

services of expert witnesses.

Although the Government Officials Study was massive in

the number observed to have required extensive mold

remediation for the protection of their families that

average citizens did not, including W. Bush and

the Governor of Mississippi, it was inconclusive in

establishing if these government positions made

officials more susceptible to mold illnesses than

their constituents, or if their positions might

actually have served to benefit the health of they and

their families.

Bubba , the National Insurance Affiliations and a

study of Gov’t Officials Mold Susceptiblity are

FICTIOUS. Other information including direct quotes

are REAL.

December 15, 2004

Dealing With SAIF - Sick and feeling like a criminal

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(http://www.katu.com/printstory.asp?ID=73443) by Mason, KATU News

Salem, Ore. - Westmoreland says she's used to feeling sick, out of

money and unable to work. The hard part she says is being treated like a

criminal.

Westmoreland says battling what her doctors call a toxic reaction to mold,

has been debilitating. But worse than all that, the 44-year teacher is being

treated like a crook by the State Accident Insurance Fund (SAIF) " like I'm

trying to get something from someone, " she says.

The accusations come from what's known as IME's, independent medical exams

that SAIF officials use to weed out false claims against the insurer.

Westmoreland may have real reasons to suspect the bias of the exams.

A survey just released by The Department of Consumer and Business Services,

a regulating agency; found 53 percent of IME doctors thought there was bias

in the work they did.

_ Mason's First Report_

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After linking memory loss, muscle coordination and flu-like symptoms to a

severe reaction to mold in her classroom nearly two years ago, Westmoreland has

found herself in a treacherous netherworld between medicine and law where

every victim is a suspect and every claim a potential legal battle.

Such are the chances you take when you claim you got sick or injured on the

job in Oregon. But now, it's a world getting added scrutiny from state

regulators in Oregon as well as state senators like Eugene's Vicki .

" There are starve-out tactics that are being used, " says . " Delaying

claims so these people can't put food on their table and can't pay their bills

- so that they're forced to sign agreements. "

has been a critic of SAIF for more than a year, from the way it paid

exorbitant consulting fees to former governor Neil Goldschmidt, to the way

she says SAIF mishandled public records.

SAIF officials say they only deny 17 percent of all claims, and the new head

of the agency, Rocklin is quick to defend the agency.

" We pay claims promptly and we treat injured workers responsibly, " says

Rocklin.

Agency officials declined to talk specifics about the Westmoreland case or

allow their contracted doctors to speak with KATU citing the confidentiality

of medical records.

In Westmoreland's case the exam was scheduled by SAIF to determine if mold

from the Talent Middle school was indeed the culprit behind the teacher's

illness.

" It was the most degrading and humiliating experience I think I've ever been

through, " says Westmoreland. " It was as if the doctor had already made up

his mind in advance. "

Westmoreland also says the doctor treated her in a disrespectful and

condescending manner.

The exam was scheduled by SAIF for October 20th of 2003 at Oregon Health

Sciences University in Portland. But before Westmoreland made the 10-hour round

trip to Portland she was curious about the doctor who would be examining her.

In a Google search Westmoreland found numerous hits for the doctor she was

scheduled to see, Emil J. Bardana Jr. MD. He was a well-respected allergy

specialist and had published numerous articles about mold in the work place.

" There was just one problem, " says Westmoreland. " It didn't look like he

believed mold was a serious long-term health problem. "

" Basically I told SAIF I want another doctor, and they said 'no' I had to go

or the claim would be denied, " she says.

Westmoreland's worst fears were confirmed when Bardana filed his report to

SAIF on November 3, of 2003.

Bardana's report issued to SAIF found, " no logical explanation for the

symptoms, " found certain neurological problems to be " bizarre " and further

believed that she was being " led astray " by her personal physician and other

specialists that said that mold had indeed been the culprit.

While SAIF officials will not release the exact amount paid to Bardana the

do say the average fee for such an exam ranges from $500 to 600. But they say

that fee does not affect the objectivity of the studies.

Among those who challenge Bardana's assertions are Westmoreland's personal

physician, and specialists from well-respected medical schools including

University of Southern California.

" There's a lot of second guessing here, " says Stone MD of Ashland

referring to Bardana's opinion. " There's nothing about this she wants…the

only

thing she gets from this is a lot of frustration. "

Countering Bardana's assertions, in a medical report filed in August of this

year, Kaye Kilburn of USC medical school reported that Bardana's implication

regarding a lack of mold sensitivity is " wrong and reflects naivete. " He

also referred on one occasion to Bardana's " shallow approach. "

SAIF also ordered an Independent Neuropsychological Evaluation of

Westmoreland. The report by Donna C. Wicher concluded that Westmoreland

suffered from a

Conversion Disorder.

Defined in the report the disorder is not an intentional production of

physical symptoms but have a psychological component.

Wicher also concluded that Westmoreland's test results were inconsistent

which suggested that her symptoms were the result of a " personality structure. "

While each physician spent several hours with Westmoreland, those who've

spent years teaching alongside her can't believe that her symptoms are all in

her head.

" The first time I heard that I laughed, " says Ayers. " It's hogwash. "

Ayers, who hired Westmoreland at Talent middle school as a health teacher in

1995 says her colleague was one of the hardest workers at the school.

" She's a person of amazing integrity, " says another teacher, Toni Drew,

" I've never seen someone put so many volunteer hours into anything. "

From grants to public service awards Westmoreland seemed to be on the track

to being a principal until she started feeling ill two years ago. Now

Westmoreland says she can't complete the most simple of tasks including how to

estimate when her daughter needs to be picked up from the bus stop.

But Westmoreland is not alone. Four others including teachers Cari Baker and

Wileman also have claims against SAIF for mold related illness at

Talent middle school.

" This is like some kind of nightmare, " says Wileman " Our credit cards

are maxed—I can't go to the store and buy a sack of groceries right now. "

Baker, Wileman and Westmoreland are all financially strapped. Westmoreland's

unpaid medical bills alone total nearly $50,000.

All three cite the IME process as flawed for its lack of objectivity.

" It's a joke---they're not independent at all, " says Wileman.

After the three women received a copy of their IME, they began comparing

notes. What they found was disturbing to say the least, and a sign that the

reports may be cut and pasted by those contracted by SAIF.

In Baker and Westmoreland's reports there are two identical paragraphs which

include the pronoun " she " when referring to conversations with other

teachers at the school.

One of the sentences includes a grammatically incorrect sentence. It reads,

" She apparently was also driving in a vehicle had onset of symptoms. "

Baker also says that in her report she noticed that Bardana had included a

sentence about a growth on her breast that did not happen to her but to a

colleague. Also, says Baker, there were comments about alcohol use that were

untrue.

A public affairs spokesperson from OHSU told KATU that the errors in cutting

and pasting were " inadvertent. "

The teachers also say they were sent bills for the IME's that demanded

immediate payment.

Rocklin says if a bill was sent it was in error because the exams are paid

for by SAIF.

The teachers say the bills were sent repeatedly and constituted harassment.

All three say they have suffered, not just at the hands of SAIF but also

from a school district that has failed to support them and in some cases

discredited them professionally.

Rocklin, who faced a handful of suspicious senators in Salem at yet another

hearing about IME's is clearly trying to the bottom of the controversy.

" Clearly we don't want workers to feel any intimidation, " says Rocklin.