$22.6 million settlement in California mold suit

[Guest guest]

Written by:

11/3/05

Los Angeles, CA – Last week, a California family agreed to a $13 million

settlement from a lumber company in mid-trial to complete a $22.6 million

settlement with their home's contractors and suppliers over mold exposure. The

family sustained severe health complications and it also caused one of their

children to sustain severe brain injuries.

The Gorman family suffered respiratory and sinus problems shortly after moving

into a new $1.9 million home in Manhattan Beach, in 1999. They stayed in the

home for two years before moving because of deteriorating health problems,

including brain lesions and cysts suffered by Kellen Gorman, now age 5, which

were revealed in an MRI taken when the child was 3-1/2. An MRI taken when the

child was 1-1/2 was normal. Other family members complained of numerous health

problems, including cognitive difficulties, such as memory loss, which are often

associated with fungal exposure.

Kellen Gorman became sick because of mold on framing studs that had been

improperly stored by Crenshaw Lumber Co. Inc. of Gardena, Calif. The company

agreed to pay $13 million of the settlement. The studs were used in the

custom-built Manhattan Beach, Calif., home the family lived in for about two

years beginning in 1999. Only two types of indoor fungi have been linked to

neurological problems; Chaetomium and Stachybotrys, while other

mycotoxin-producing molds can lead to respiratory, digestive, and skin problems.

While other fungi can lead to allergy problems.

In Kellen's case, it was simple to prove that fungal exposure caused his

severe brain damage. When the family first moved into the moldy house, an alert

physician took a brain MRI immediately afterwards due to some initial mold

exposure related problems he was experiencing. This included symptoms such as

brain fog. The MRI showed little, however, after months of exposure, and

Kellen's problems became worse, another MRI was conducted on his brain. This

MRI proved severe damage, including actual lesions and holes. There was little

for the mold naysayers and defense to do when the medical proof was this

conclusive.

Kellen, now 5, functions as a 1½-year-old and needs 24-hour care, their

attorney, D. Witzer. P. Boucher, president of the Consumer

Attorneys Association of Los Angeles, said the Oct. 19 settlement was the

largest in the country for a mold case involving a single-family home.

Crenshaw settled the day after Los Angeles Superior Court Judge G.

Chaney barred the wood supplier from using 10 of its 17 experts, including a

toxicologist and a microbiologist, Witzer said. The judge excluded the experts

because an attorney for the defense allegedly missed a deadline for designating

witnesses and backdated a document to cover it up, Witzer said.

D. Witzer said, " we hope this settlement sends a signal to lumber yards

nationwide to treat mold growth issues seriously and establish policies to

protect the public's health and safety. " Currently, many lumber companies have

been very negligent in their storage practices, often leaving lumber and wood

products outside, exposed to the elements. Due to the fact that most lumber is

untreated, this can often lead to mold growth.

Los Angeles County Superior Court Judge Chaney has scheduled a hearing

for Nov. 14 to consider approval of the settlement terms for the three minor

plaintiffs, Kellen M., Kyla M. and Tenley L. Gorman.

All but one defendant agreed in the weeks preceding trial to pay the Gormans a

total of $9.6 million to settle individual claims, according to counsel.

Plaintiffs presented evidence for six weeks and had nearly completed its case

when the settlement was reached, counsel said.

Despite this victory, numerous mold cases on the plaintiff’s behalf around the

United States have lost, despite the credible evidence against the defendants.

The same expert witnesses that the defense often hires are the same experts that

were used for silicone implant and tobacco cases. When many of these experts

could no longer make a viable living defending proven science they allegedly

moved on to mold defense work. Slowly, the house of cards is falling and sound

medical evidence is speaking for itself.

---------------------------------

DSL Something to write home about. Just $16.99/mo. or less

[Guest guest]

Hmmmm.....I just received a depressing note from my

attorney how he thinks I won't get my money back for

the mold remediation. When I read this, I remember

that I had an MRI before I moved in the moldy condo,

and also one when I still lived there in 2002. The

second one showed that I had experienced ischemia

(mini-strokes) which occurred sometime after I moved

in.

--- Bob <blue74730@...> wrote:

> Written by:

> 11/3/05

>

> Los Angeles, CA – Last week, a California family

> agreed to a $13 million settlement from a lumber

> company in mid-trial to complete a $22.6 million

> settlement with their home's contractors and

> suppliers over mold exposure. The family sustained

> severe health complications and it also caused one

> of their children to sustain severe brain injuries.

>

> The Gorman family suffered respiratory and sinus

> problems shortly after moving into a new $1.9

> million home in Manhattan Beach, in 1999. They

> stayed in the home for two years before moving

> because of deteriorating health problems, including

> brain lesions and cysts suffered by Kellen Gorman,

> now age 5, which were revealed in an MRI taken when

> the child was 3-1/2. An MRI taken when the child was

> 1-1/2 was normal. Other family members complained of

> numerous health problems, including cognitive

> difficulties, such as memory loss, which are often

> associated with fungal exposure.

> Kellen Gorman became sick because of mold on

> framing studs that had been improperly stored by

> Crenshaw Lumber Co. Inc. of Gardena, Calif. The

> company agreed to pay $13 million of the settlement.

> The studs were used in the custom-built Manhattan

> Beach, Calif., home the family lived in for about

> two years beginning in 1999. Only two types of

> indoor fungi have been linked to neurological

> problems; Chaetomium and Stachybotrys, while other

> mycotoxin-producing molds can lead to respiratory,

> digestive, and skin problems. While other fungi can

> lead to allergy problems.

> In Kellen's case, it was simple to prove that

> fungal exposure caused his severe brain damage.

> When the family first moved into the moldy house, an

> alert physician took a brain MRI immediately

> afterwards due to some initial mold exposure related

> problems he was experiencing. This included

> symptoms such as brain fog. The MRI showed little,

> however, after months of exposure, and Kellen's

> problems became worse, another MRI was conducted on

> his brain. This MRI proved severe damage, including

> actual lesions and holes. There was little for the

> mold naysayers and defense to do when the medical

> proof was this conclusive.

> Kellen, now 5, functions as a 1½-year-old and

> needs 24-hour care, their attorney, D. Witzer.

> P. Boucher, president of the Consumer

> Attorneys Association of Los Angeles, said the Oct.

> 19 settlement was the largest in the country for a

> mold case involving a single-family home.

> Crenshaw settled the day after Los Angeles

> Superior Court Judge G. Chaney barred the

> wood supplier from using 10 of its 17 experts,

> including a toxicologist and a microbiologist,

> Witzer said. The judge excluded the experts because

> an attorney for the defense allegedly missed a

> deadline for designating witnesses and backdated a

> document to cover it up, Witzer said.

> D. Witzer said, " we hope this settlement

> sends a signal to lumber yards nationwide to treat

> mold growth issues seriously and establish policies

> to protect the public's health and safety. "

> Currently, many lumber companies have been very

> negligent in their storage practices, often leaving

> lumber and wood products outside, exposed to the

> elements. Due to the fact that most lumber is

> untreated, this can often lead to mold growth.

>

> Los Angeles County Superior Court Judge

> Chaney has scheduled a hearing for Nov. 14 to

> consider approval of the settlement terms for the

> three minor plaintiffs, Kellen M., Kyla M. and

> Tenley L. Gorman.

>

> All but one defendant agreed in the weeks preceding

> trial to pay the Gormans a total of $9.6 million to

> settle individual claims, according to counsel.

> Plaintiffs presented evidence for six weeks and had

> nearly completed its case when the settlement was

> reached, counsel said.

>

> Despite this victory, numerous mold cases on the

> plaintiff’s behalf around the United States have

> lost, despite the credible evidence against the

> defendants. The same expert witnesses that the

> defense often hires are the same experts that were

> used for silicone implant and tobacco cases. When

> many of these experts could no longer make a viable

> living defending proven science they allegedly moved

> on to mold defense work. Slowly, the house of cards

> is falling and sound medical evidence is speaking

> for itself.

>

>

>

>

> ---------------------------------

> DSL Something to write home about. Just

> $16.99/mo. or less

>

> [Non-text portions of this message have been

> removed]

>

>

>

>

>

__________________________________________

DSL – Something to write home about.

Just $16.99/mo. or less.

dsl.

[Guest guest]

dottykalm <dottykalm@...> wrote: Hmmmm.....I just received a depressing

note from my

attorney how he thinks I won't get my money back for

the mold remediation. When I read this, I remember

that I had an MRI before I moved in the moldy condo,

and also one when I still lived there in 2002. The

second one showed that I had experienced ischemia

(mini-strokes) which occurred sometime after I moved

in.

Maybe you can get that back and much more. Almost all people I know who have CFS

and have had MRI's, including myself, have lesions on our brain. My dr said the

lesion were similar to what he sees in MS but not in the same places.

Good luck, Bob

---------------------------------

Photos

Ring in the New Year with Photo Calendars. Add photos, events, holidays,

whatever.

[Guest guest]

Thanks for the response. Do you know if there is a

connection between mold and ischemia in the brain. I

didn't know that about the MCS connection with lesions

on the brain shown in MRI.

Are lesions different than simply white spots in the

brain? Judi

--- Bob <blue74730@...> wrote:

>

>

> dottykalm <dottykalm@...> wrote:

> Hmmmm.....I just received a depressing note from my

> attorney how he thinks I won't get my money back for

> the mold remediation. When I read this, I remember

> that I had an MRI before I moved in the moldy condo,

> and also one when I still lived there in 2002. The

> second one showed that I had experienced ischemia

> (mini-strokes) which occurred sometime after I moved

> in.

>

> Maybe you can get that back and much more. Almost

> all people I know who have CFS and have had MRI's,

> including myself, have lesions on our brain. My dr

> said the lesion were similar to what he sees in MS

> but not in the same places.

>

> Good luck, Bob

>

>

>

> ---------------------------------

> Photos

> Ring in the New Year with Photo Calendars. Add

> photos, events, holidays, whatever.

>

> [Non-text portions of this message have been

> removed]

>

>

>

>

>

__________________________________________

DSL – Something to write home about.

Just $16.99/mo. or less.

dsl.

[Guest guest]

dottykalm <dottykalm@...> wrote: Thanks for the response. Do you know

if there is a

connection between mold and ischemia in the brain. I

didn't know that about the MCS connection with lesions

on the brain shown in MRI.

Are lesions different than simply white spots in the

brain? Judi

Judi, good questions and I hope someone can tell us for sure. I also have

ischemia in the brain. The doctor had an MRI done last year after the bad

headaches which nothing would stop the pain. I do not know either whether

lesions are the same as white spots. I will ask this question of my CFS list and

I am sure someone will know this answer but that group hasn't woke up yet to

Chronic Fatigue Syndrome and the Mold Connection. (a pun for those who get it).

Bob

---------------------------------

Find Great Deals on Holiday Gifts at

[Guest guest]

I still feel that somehow mold is connected to CFS. Considering on

how not many doctors believed in CFS in the beginning, mold is not to

be discounted either. Look at the damage it can do. Of course

insurance companies are going to fight this problem as they don't

want to pay out claims but this problem is only going to get bigger.

Wait until all of the water logged buildings in New Orleans have to

be bull-dozed down. Bob

Written by:

11/3/05

Los Angeles, CA – Last week, a California family agreed to a $13

million settlement from a lumber company in mid-trial to complete a

$22.6 million settlement with their home's contractors and suppliers

over mold exposure. The family sustained severe health complications

and it also caused one of their children to sustain severe brain

injuries.

The Gorman family suffered respiratory and sinus problems shortly

after moving into a new $1.9 million home in Manhattan Beach, in

1999. They stayed in the home for two years before moving because of

deteriorating health problems, including brain lesions and cysts

suffered by Kellen Gorman, now age 5, which were revealed in an MRI

taken when the child was 3-1/2. An MRI taken when the child was 1-1/2

was normal. Other family members complained of numerous health

problems, including cognitive difficulties, such as memory loss,

which are often associated with fungal exposure.

Kellen Gorman became sick because of mold on framing studs that had

been improperly stored by Crenshaw Lumber Co. Inc. of Gardena, Calif.

The company agreed to pay $13 million of the settlement. The studs

were used in the custom-built Manhattan Beach, Calif., home the

family lived in for about two years beginning in 1999. Only two

types of indoor fungi have been linked to neurological problems;

Chaetomium and Stachybotrys, while other mycotoxin-producing molds

can lead to respiratory, digestive, and skin problems. While other

fungi can lead to allergy problems.

In Kellen's case, it was simple to prove that fungal exposure

caused his severe brain damage. When the family first moved into the

moldy house, an alert physician took a brain MRI immediately

afterwards due to some initial mold exposure related problems he was

experiencing. This included symptoms such as brain fog. The MRI

showed little, however, after months of exposure, and Kellen's

problems became worse, another MRI was conducted on his brain. This

MRI proved severe damage, including actual lesions and holes. There

was little for the mold naysayers and defense to do when the medical

proof was this conclusive.

Kellen, now 5, functions as a 1½-year-old and needs 24-hour care,

their attorney, D. Witzer. P. Boucher, president of

the Consumer Attorneys Association of Los Angeles, said the Oct. 19

settlement was the largest in the country for a mold case involving a

single-family home.

Crenshaw settled the day after Los Angeles Superior Court Judge

G. Chaney barred the wood supplier from using 10 of its 17

experts, including a toxicologist and a microbiologist, Witzer said.

The judge excluded the experts because an attorney for the defense

allegedly missed a deadline for designating witnesses and backdated a

document to cover it up, Witzer said.

D. Witzer said, " we hope this settlement sends a signal to

lumber yards nationwide to treat mold growth issues seriously and

establish policies to protect the public's health and safety. "

Currently, many lumber companies have been very negligent in their

storage practices, often leaving lumber and wood products outside,

exposed to the elements. Due to the fact that most lumber is

untreated, this can often lead to mold growth.

Los Angeles County Superior Court Judge Chaney has scheduled

a hearing for Nov. 14 to consider approval of the settlement terms

for the three minor plaintiffs, Kellen M., Kyla M. and Tenley L.

Gorman.

All but one defendant agreed in the weeks preceding trial to pay the

Gormans a total of $9.6 million to settle individual claims,

according to counsel. Plaintiffs presented evidence for six weeks and

had nearly completed its case when the settlement was reached,

counsel said.

Despite this victory, numerous mold cases on the plaintiff's behalf

around the United States have lost, despite the credible evidence

against the defendants. The same expert witnesses that the defense

often hires are the same experts that were used for silicone implant

and tobacco cases. When many of these experts could no longer make a

viable living defending proven science they allegedly moved on to

mold defense work. Slowly, the house of cards is falling and sound

medical evidence is speaking for itself.

---------------------------------

DSL Something to write home about. Just $16.99/mo. or less

[Guest guest]

I think that one of the (probably terminal!) complications of invasive

aspergillosis in the brain would be stroke/hemmorhage..

Sometimes it starts in the sinuses and ends up spreading to the brain

through one of the eyes or the optic nerve area..

Many molds can cause 'mycoses' and quite a few of them are known to

invade the brain. When that happens, you actually have mold growing

inside the person, just as it does in a piece of moldy drywall.

Aspergillus is the one that does it most frequently, especially

aspergillus niger, I think.

But mycoses are not the primary health effect of mold on the brain.

They are extreme cases, and the majority of damage is done by toxins

in the same way other toxins damage brains and other parts of the

body.. (lesions, cancer, etc.)

Whenever you have very serious, powerful poisons, poisons that are

potent in microgram quantities, even in low doses, in your

environment, good things are NOT going to happen.. Bad things ARE..

Do a search on the Internet on the phrase " yellow rain "