Guest guest Posted June 18, 2006 Report Share Posted June 18, 2006 I don't understand why there hasn't been any discussion regarding the info Sharon posted on Significant ruling impacts mold victims or whatever it was called. I think this is a major step in the right direction. These criminals that were writing for major publications for years and this is where judges, doctors, and the press get their info. These men have been getting paid also as defense witnesses in mold cases. I am encouraged and I think everyone should let everyone possible know about this info. This is just a small part of the judgement. Sharon has worked hard on this and I think it is worth discussing. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Summary Many people have been ill with serious mold/mycotoxin induced illnesses. They have been unable to obtain proper medical treatment prior to the time these illnesses have become progressively and irreversibly debilitating. Many physicians and citizens have been falsely told that mold does not cause serious illness, leaving the medical community and public uneducated and unaware of the true danger. The medical misinformation promoted for the benefit of the defense in mold litigation has stifled and confused the already young field of science. It has fueled contention. The promotion of the concept " not plausible, improbable, junk science " within the medical community and the general public has been a primary cause for the lack of early detection and timely medical treatment. This in turn, has cost stakeholders with financial interest in the moldy buildings, unnecessary billions. The misinformation, that has retarded proper medical understanding, has also caused a tremendous increase in financial responsibility for stakeholders. Increased health damages sustained equals increased resultant stakeholder liability. . Mold itself, has not been the crux of the problem. The denial of illness in an attempt to limit liability has directly caused greater illness - and thereby has caused greater liability. The situation has been wastefully self perpetuating. The defense argument of “not plausible, improbable and junk science†has proven to be its own worst enemy. Dr Borak, overseer for the " peer review process " of the ACOEM Mold Statement, summed the matter up best in an email he wrote in 2002: Email September 8, 2002 From: Borak, Chair of the Scientific Committee, ACOEM Dean Grove, Past President, ACOEM CC: Bernacki, ACOEM President 2002; Barry Eisenberg, Executive Director ACOEM; Tim Key, ACOEM President 2003. " Dean et al: I am having quite a challenge in finding an acceptable path for the proposed position paper on mold. Even though a great deal of work has gone in, it seems difficult to satisfy a sufficient spectrum of the College, or at least those concerned enough to voice their views. I have received several sets of comments that find the current version, much revised, to still be a defense argument. On the other hand, Hardin and his colleagues are not willing to further dilute the paper. The have done a lot, and I am concerned that we will soon have to either endorse or let go. I do not want to go to the BOD and then be rejected. That would be an important violation of . I have assured him that if we do not use it he can freely make whatever other uses he might want to make. If we " officially " reject it, then we turn is efforts into garbage. ..... " Garbage it was, based on the Veritox 2000 ‘review’ and provided credibility by the imprimatur of ACOEM. Once the credibility was established by the ACOEM, the garbage was then spread to other purported state of the art, mold review papers. The unscientific concept that one could take a single review of rodent studies with math applied and determine all human illness from inhaling mycotoxins indoors could never happen, took on a life of its own and grew. It became understood that one could never become seriously ill from inhaling mold indoors. No one seemed to remember exactly how this concept came to be. They just knew it to be true because they had read it in many authoritative " state of the art " mold review papers. The lives, health and financial well being of thousands have been forever damaged because of it. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ And that is the Landmark Significance of the Ruling on April 14, 2006, Sacramento, California, regarding " Risk from inhaled mycotoxins in indoor office and residential environments. Int J Toxicol 2004; 23: 3- 10.Robbins CA, Swenson LJ, Hardin BD. (Veritox, 2004). The courts have found Veritox 2004 is not plausible, improbable and Junk Science. Needless to say, I am thrilled. Maybe NOW we can get this issue out of the courts and into doctors’ offices where it belongs. Maybe NOW we can all stop wasting time, lives and money! Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 18, 2006 Report Share Posted June 18, 2006 Hi : Well, a lot of us have bumped into these problems and are tackling them half-step by half-step attempting to make progress. And it's extremely difficult - frankly, it's old news to any of us who have been schlogging through legal red tape either on the regulation side or court side. Worth discussing, but deflating as a global topic. We're each doing out part to knock a chunk out of it bit by bit. I'll give you my for instance: My neighbor died after his exposure to mold and after developing a seizure disorder, fungal skin sores, asthma, and a variety of GI and neurological symptoms. He was found to have antibodies to some of the molds we found in an environmental report we tenants had done when the owner refused to do anything about inches-long mold growing on clothes in the closet of my neighbor and his mother - there was a sewer pipe leak under the building that was not repaired adequately and caused a good deal of the mold. Other problems with downspouts and parapet caps contributed to heavy rains soaking the building as well. The owners tried to use the mold as leverage to force them to move out, and for health's sake, they did and I did as well (my apartment had no visible mold, but plenty airborne). His death was three months to the day after they moved. His mother came home from her night job to find him dead and quite cold in bed, his face covered with foam as it had been after some of his seizures, but this time the foam was bloody. He had said two things in the past 24 hours that were rather ominous - the night before the night he died he asked his mother to swear with him that if anything happened to either one of them from the health affects of the mold that the surviving one would pursue it as far as they could. And the morning of the day he died he said he'd felt he'd been having seizures and was very weak and went back to bed. His mother had to insist on an autopsy to have the Coroner's office take a look at him. They knew his mother was concerned that mold had something to do with the death and they wrote 'No evidence of mold' on the autopsy report. It looked to us as if they were trying to cut us off at the pass about looking into a legal filing on the death. We asked what tests they had done to make this assertion, and they never responded to that portion of the letter (although they did add the reference to the foam and blood that had been missing from the report - presumably, it had either been lost when his body was wrapped in his bedding when it was taken to the funeral home, or the funeral home wiped it off - but because it was referenced in the police report from the first person who responded, that was added to the autopsy report). We then spent about 6 months searching for someone who could do forensic tissue testing to see if there was any 'evidence of mold.' The ONLY person we found - after writing to somewhere between 300-400 people, in mycobiology labs, and membership lists of mycologists, forensic pathologists and veternary groups that work with animal poisoning from molds, all over the US, Canada and the EU- the ONLY person we found, we were skeptical about using because he'd been slammed in our local LA Times for being highly inaccurate (which seems to have been planted material, but unfortunately ended up in an article that was part of a series that won the paper a Pultizer Prize). We got confirmation from trustworthy people that he was trustworthy, and went ahead with testing - he's been FABULOUS and has gone way above and beyond for us. What he found was an enormous quantity of the mycotoxin Trichothecene in his lung tissue. People get sick at 2 parts per billion and can be terribly ill at 10. My neighbor had 128.9 ppb in his lung tissue. Which we submitted to the Coroner's office for them to consider. They did the most important thing for us, which is to note the finding in the autopsy record which makes it official. HOWEVER, they had a pulmonologist look at the findings and he decided there was 'no evidence of fungal infection.' It took me a good while to learn the different ways molds can hurt a person, but I had it figured out before I stumbled upon tis group...there was an article posted about a week ago that talked about infection and irritation and allergy and POISON from mycotoxins. The Coroner got a lung specialist to indicate there was no infection when we had provided evidence of poisoning. So we've written them back AGAIN to ask why they didn't have a medical mycologist review the findings, and we've just gotten the postcard back saying they signed for the certified mail. It's been about 15 months since the autopsy report was first filed, and 19 months since he died. We have 5 months left in our statute if we want to file a case. The first atty we worked with when he died left the case when the autopsy report was released - said there was no way he could win it with that report. We've been through a half dozen other firms since, all of whom think we've got a good case (since we've already documented a good portion of the hard stuff), but they are not willing to take on the expense of this kind of trial because pain and suffering damages are capped in California and he left no heirs, so there would be very limited economic damages. I assume you're with me so far... we have a guy who DIED because of his exposure to mold for which WE ALREADY HAVE PROOF, and it still this travesty is not literally WORTH it for a contingency lawer to take on to champion. Some of the folks on this board know that as a nonlawyer I'm going to represent my neighbor and his mother because we can't find anyone to do it for us and we're tired of begging and pleading, and I know this case better than anyone as I've coordinated all our efforts so far. We'll see how far I get... I believe we have proof of a kind that the court will accept - very often tests get challenged as being nonstandard or not yet accepted, but the test they used to find his toxin is an ELISA test which is what they use to find HIV. The lab that did the work is certified. A journal article is presently being submitted for peer review on my neighbor's death. Theorhetically, we have the ingredients we need to get past the stumbling blocks that have tripped others. We'll see. And we have both clarity of vision about what happened AND passion that couldn't come from outside representation. The panel on Capitol Hill Sharon mentioned? She is too humble to explain that she spent many, many months putting it together and making sure knowledgable doctors showed up as did many more Congressional aides than were anticipated. AND, what she also didn't say was that the aides generally walk in and out of these sessions, but this one was exceptional because those who came STAYED and asked questions at the end. So, it's not like this stuff isn't being discussed... it is. We're all monitoring each other's progress working where we can make our own difference. If you have an idea, pipe up, and others will help as they can. Best, Haley --- ldelp84227 <ldelp84227@...> wrote: > I don't understand why there hasn't been any > discussion regarding the > info Sharon posted on Significant ruling > impacts mold victims or > whatever it was called. I think this is a > major step in the right > direction. These criminals that were writing > for major publications > for years and this is where judges, doctors, > and the press get their > info. These men have been getting paid also as > defense witnesses in > mold cases. I am encouraged and I think > everyone should let everyone > possible know about this info. This is just a > small part of the > judgement. Sharon has worked hard on this and > I think it is worth > discussing. > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > Summary > Many people have been ill with serious > mold/mycotoxin induced > illnesses. > They have been unable to obtain proper medical > treatment prior to the > time > these > illnesses have become progressively and > irreversibly debilitating. > Many > physicians and citizens have been falsely told > that mold does not > cause serious > illness, leaving the medical community and > public uneducated and > unaware of > the true danger. > The medical misinformation promoted for the > benefit of the defense in > mold > litigation has stifled and confused the already > young field of > science. It has > fueled contention. The promotion of the concept > " not plausible, > improbable, > junk science " within the medical community and > the general public has > been a > primary cause for the lack of early detection > and timely medical > treatment. > This in turn, has cost stakeholders with > financial interest in the > moldy > buildings, unnecessary billions. The > misinformation, that has > retarded proper > medical understanding, has also caused a > tremendous increase in > financial > responsibility for stakeholders. Increased > health damages sustained > equals > increased resultant stakeholder liability. . > > Mold itself, has not been the crux of the > problem. The denial of > illness in > an attempt to limit liability has directly > caused greater illness - > and > thereby has caused greater liability. The > situation has been > wastefully self > perpetuating. The defense argument of “not > plausible, improbable > and junk > science� > has proven to be its own worst enemy. > > Dr Borak, overseer for the " peer > review process " of the > ACOEM Mold > Statement, summed the matter up best in an > email he wrote in 2002: > > Email September 8, 2002 > From: Borak, Chair of the Scientific > Committee, ACOEM > Dean Grove, Past President, ACOEM > CC: Bernacki, ACOEM President 2002; > Barry Eisenberg, > Executive Director ACOEM; Tim Key, ACOEM > President 2003. > > " Dean et al: > > I am having quite a challenge in finding an > acceptable path for the > proposed position paper on mold. Even though a > great deal of work has > gone in, it seems difficult to satisfy a > sufficient spectrum of the > College, > or > at least those concerned enough to voice their > views. > > I have received several sets of comments that > find the current > version, > much revised, to still be a defense argument. > On the other hand, > Hardin and his colleagues are not willing to > further dilute the > paper. The > have done a lot, and I am concerned that we > will soon have to either > endorse or let go. I do not want to go to the > BOD and then be > rejected. > That would be an important violation of . > I have assured him > that if > we do not use it he can freely make whatever > other uses he might want > to > make. If we " officially " reject it, then we > turn is efforts into > garbage. > .... " > > Garbage it was, based on the Veritox 2000 > ‘review’ and provided > credibility > by the imprimatur of ACOEM. Once the > credibility was established by > the > ACOEM, the garbage was then spread to other > purported state of the > art, mold > review papers. > The unscientific concept that one could take a > single review of rodent > studies with math applied and determine all > human illness from > inhaling > mycotoxins > indoors could never happen, took on a life of > its own and grew. It > became > understood that one could never become > seriously ill from inhaling > mold > indoors. > No one seemed to remember exactly how this > concept came to be. They > just > knew it to be true because they had read it in > many > authoritative " state of the > art " mold review papers. > The lives, health and financial well being of > thousands have been > forever > damaged because of it. > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > And that is the Landmark Significance of the > Ruling on April 14, > 2006, Sacramento, California, regarding " Risk > from inhaled mycotoxins > in indoor > office and residential environments. Int J > Toxicol 2004; 23: 3- > 10.Robbins CA, > Swenson LJ, Hardin BD. (Veritox, 2004). The > courts have found Veritox > 2004 is > not plausible, improbable and Junk Science. > > Needless to say, I am thrilled. Maybe NOW we > can get this issue out > of the > courts and into doctors’ offices where it > belongs. Maybe NOW we can > all stop > wasting time, lives and money! > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 18, 2006 Report Share Posted June 18, 2006 Haley, I love you already and I hardly know you. This goes for Sharon, KC, " Who " and many others that I have become to admire in my very short time on this list. I am truely humbled myself for the work you all have done and continue to do. Dave Haley <myhaze@...> wrote: Hi : Well, a lot of us have bumped into these problems and are tackling them half-step by half-step attempting to make progress. And it's extremely difficult - frankly, it's old news to any of us who have been schlogging through legal red tape either on the regulation side or court side. Worth discussing, but deflating as a global topic. We're each doing out part to knock a chunk out of it bit by bit. I'll give you my for instance: My neighbor died after his exposure to mold and after developing a seizure disorder, fungal skin sores, asthma, and a variety of GI and neurological symptoms. He was found to have antibodies to some of the molds we found in an environmental report we tenants had done when the owner refused to do anything about inches-long mold growing on clothes in the closet of my neighbor and his mother - there was a sewer pipe leak under the building that was not repaired adequately and caused a good deal of the mold. Other problems with downspouts and parapet caps contributed to heavy rains soaking the building as well. The owners tried to use the mold as leverage to force them to move out, and for health's sake, they did and I did as well (my apartment had no visible mold, but plenty airborne). His death was three months to the day after they moved. His mother came home from her night job to find him dead and quite cold in bed, his face covered with foam as it had been after some of his seizures, but this time the foam was bloody. He had said two things in the past 24 hours that were rather ominous - the night before the night he died he asked his mother to swear with him that if anything happened to either one of them from the health affects of the mold that the surviving one would pursue it as far as they could. And the morning of the day he died he said he'd felt he'd been having seizures and was very weak and went back to bed. His mother had to insist on an autopsy to have the Coroner's office take a look at him. They knew his mother was concerned that mold had something to do with the death and they wrote 'No evidence of mold' on the autopsy report. It looked to us as if they were trying to cut us off at the pass about looking into a legal filing on the death. We asked what tests they had done to make this assertion, and they never responded to that portion of the letter (although they did add the reference to the foam and blood that had been missing from the report - presumably, it had either been lost when his body was wrapped in his bedding when it was taken to the funeral home, or the funeral home wiped it off - but because it was referenced in the police report from the first person who responded, that was added to the autopsy report). We then spent about 6 months searching for someone who could do forensic tissue testing to see if there was any 'evidence of mold.' The ONLY person we found - after writing to somewhere between 300-400 people, in mycobiology labs, and membership lists of mycologists, forensic pathologists and veternary groups that work with animal poisoning from molds, all over the US, Canada and the EU- the ONLY person we found, we were skeptical about using because he'd been slammed in our local LA Times for being highly inaccurate (which seems to have been planted material, but unfortunately ended up in an article that was part of a series that won the paper a Pultizer Prize). We got confirmation from trustworthy people that he was trustworthy, and went ahead with testing - he's been FABULOUS and has gone way above and beyond for us. What he found was an enormous quantity of the mycotoxin Trichothecene in his lung tissue. People get sick at 2 parts per billion and can be terribly ill at 10. My neighbor had 128.9 ppb in his lung tissue. Which we submitted to the Coroner's office for them to consider. They did the most important thing for us, which is to note the finding in the autopsy record which makes it official. HOWEVER, they had a pulmonologist look at the findings and he decided there was 'no evidence of fungal infection.' It took me a good while to learn the different ways molds can hurt a person, but I had it figured out before I stumbled upon tis group...there was an article posted about a week ago that talked about infection and irritation and allergy and POISON from mycotoxins. The Coroner got a lung specialist to indicate there was no infection when we had provided evidence of poisoning. So we've written them back AGAIN to ask why they didn't have a medical mycologist review the findings, and we've just gotten the postcard back saying they signed for the certified mail. It's been about 15 months since the autopsy report was first filed, and 19 months since he died. We have 5 months left in our statute if we want to file a case. The first atty we worked with when he died left the case when the autopsy report was released - said there was no way he could win it with that report. We've been through a half dozen other firms since, all of whom think we've got a good case (since we've already documented a good portion of the hard stuff), but they are not willing to take on the expense of this kind of trial because pain and suffering damages are capped in California and he left no heirs, so there would be very limited economic damages. I assume you're with me so far... we have a guy who DIED because of his exposure to mold for which WE ALREADY HAVE PROOF, and it still this travesty is not literally WORTH it for a contingency lawer to take on to champion. Some of the folks on this board know that as a nonlawyer I'm going to represent my neighbor and his mother because we can't find anyone to do it for us and we're tired of begging and pleading, and I know this case better than anyone as I've coordinated all our efforts so far. We'll see how far I get... I believe we have proof of a kind that the court will accept - very often tests get challenged as being nonstandard or not yet accepted, but the test they used to find his toxin is an ELISA test which is what they use to find HIV. The lab that did the work is certified. A journal article is presently being submitted for peer review on my neighbor's death. Theorhetically, we have the ingredients we need to get past the stumbling blocks that have tripped others. We'll see. And we have both clarity of vision about what happened AND passion that couldn't come from outside representation. The panel on Capitol Hill Sharon mentioned? She is too humble to explain that she spent many, many months putting it together and making sure knowledgable doctors showed up as did many more Congressional aides than were anticipated. AND, what she also didn't say was that the aides generally walk in and out of these sessions, but this one was exceptional because those who came STAYED and asked questions at the end. So, it's not like this stuff isn't being discussed... it is. We're all monitoring each other's progress working where we can make our own difference. If you have an idea, pipe up, and others will help as they can. Best, Haley --- ldelp84227 <ldelp84227@...> wrote: > I don't understand why there hasn't been any > discussion regarding the > info Sharon posted on Significant ruling > impacts mold victims or > whatever it was called. I think this is a > major step in the right > direction. These criminals that were writing > for major publications > for years and this is where judges, doctors, > and the press get their > info. These men have been getting paid also as > defense witnesses in > mold cases. I am encouraged and I think > everyone should let everyone > possible know about this info. This is just a > small part of the > judgement. Sharon has worked hard on this and > I think it is worth > discussing. > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > Summary > Many people have been ill with serious > mold/mycotoxin induced > illnesses. > They have been unable to obtain proper medical > treatment prior to the > time > these > illnesses have become progressively and > irreversibly debilitating. > Many > physicians and citizens have been falsely told > that mold does not > cause serious > illness, leaving the medical community and > public uneducated and > unaware of > the true danger. > The medical misinformation promoted for the > benefit of the defense in > mold > litigation has stifled and confused the already > young field of > science. It has > fueled contention. The promotion of the concept > " not plausible, > improbable, > junk science " within the medical community and > the general public has > been a > primary cause for the lack of early detection > and timely medical > treatment. > This in turn, has cost stakeholders with > financial interest in the > moldy > buildings, unnecessary billions. The > misinformation, that has > retarded proper > medical understanding, has also caused a > tremendous increase in > financial > responsibility for stakeholders. Increased > health damages sustained > equals > increased resultant stakeholder liability. . > > Mold itself, has not been the crux of the > problem. The denial of > illness in > an attempt to limit liability has directly > caused greater illness - > and > thereby has caused greater liability. The > situation has been > wastefully self > perpetuating. The defense argument of “not > plausible, improbable > and junk > science� > has proven to be its own worst enemy. > > Dr Borak, overseer for the " peer > review process " of the > ACOEM Mold > Statement, summed the matter up best in an > email he wrote in 2002: > > Email September 8, 2002 > From: Borak, Chair of the Scientific > Committee, ACOEM > Dean Grove, Past President, ACOEM > CC: Bernacki, ACOEM President 2002; > Barry Eisenberg, > Executive Director ACOEM; Tim Key, ACOEM > President 2003. > > " Dean et al: > > I am having quite a challenge in finding an > acceptable path for the > proposed position paper on mold. Even though a > great deal of work has > gone in, it seems difficult to satisfy a > sufficient spectrum of the > College, > or > at least those concerned enough to voice their > views. > > I have received several sets of comments that > find the current > version, > much revised, to still be a defense argument. > On the other hand, > Hardin and his colleagues are not willing to > further dilute the > paper. The > have done a lot, and I am concerned that we > will soon have to either > endorse or let go. I do not want to go to the > BOD and then be > rejected. > That would be an important violation of . > I have assured him > that if > we do not use it he can freely make whatever > other uses he might want > to > make. If we " officially " reject it, then we > turn is efforts into > garbage. > .... " > > Garbage it was, based on the Veritox 2000 > ‘review’ and provided > credibility > by the imprimatur of ACOEM. Once the > credibility was established by > the > ACOEM, the garbage was then spread to other > purported state of the > art, mold > review papers. > The unscientific concept that one could take a > single review of rodent > studies with math applied and determine all > human illness from > inhaling > mycotoxins > indoors could never happen, took on a life of > its own and grew. It > became > understood that one could never become > seriously ill from inhaling > mold > indoors. > No one seemed to remember exactly how this > concept came to be. They > just > knew it to be true because they had read it in > many > authoritative " state of the > art " mold review papers. > The lives, health and financial well being of > thousands have been > forever > damaged because of it. > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > And that is the Landmark Significance of the > Ruling on April 14, > 2006, Sacramento, California, regarding " Risk > from inhaled mycotoxins > in indoor > office and residential environments. Int J > Toxicol 2004; 23: 3- > 10.Robbins CA, > Swenson LJ, Hardin BD. (Veritox, 2004). The > courts have found Veritox > 2004 is > not plausible, improbable and Junk Science. > > Needless to say, I am thrilled. Maybe NOW we > can get this issue out > of the > courts and into doctors’ offices where it > belongs. Maybe NOW we can > all stop > wasting time, lives and money! > > > > > > > --------------------------------- Messenger with Voice. PC-to-Phone calls for ridiculously low rates. 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Guest guest Posted June 18, 2006 Report Share Posted June 18, 2006 I am praying you are able to stay healthy. this is a travesty. I am in tears. Haley <myhaze@...> wrote: Hi : Well, a lot of us have bumped into these problems and are tackling them half-step by half-step attempting to make progress. And it's extremely difficult - frankly, it's old news to any of us who have been schlogging through legal red tape either on the regulation side or court side. Worth discussing, but deflating as a global topic. We're each doing out part to knock a chunk out of it bit by bit. I'll give you my for instance: My neighbor died after his exposure to mold and after developing a seizure disorder, fungal skin sores, asthma, and a variety of GI and neurological symptoms. He was found to have antibodies to some of the molds we found in an environmental report we tenants had done when the owner refused to do anything about inches-long mold growing on clothes in the closet of my neighbor and his mother - there was a sewer pipe leak under the building that was not repaired adequately and caused a good deal of the mold. Other problems with downspouts and parapet caps contributed to heavy rains soaking the building as well. The owners tried to use the mold as leverage to force them to move out, and for health's sake, they did and I did as well (my apartment had no visible mold, but plenty airborne). His death was three months to the day after they moved. His mother came home from her night job to find him dead and quite cold in bed, his face covered with foam as it had been after some of his seizures, but this time the foam was bloody. He had said two things in the past 24 hours that were rather ominous - the night before the night he died he asked his mother to swear with him that if anything happened to either one of them from the health affects of the mold that the surviving one would pursue it as far as they could. And the morning of the day he died he said he'd felt he'd been having seizures and was very weak and went back to bed. His mother had to insist on an autopsy to have the Coroner's office take a look at him. They knew his mother was concerned that mold had something to do with the death and they wrote 'No evidence of mold' on the autopsy report. It looked to us as if they were trying to cut us off at the pass about looking into a legal filing on the death. We asked what tests they had done to make this assertion, and they never responded to that portion of the letter (although they did add the reference to the foam and blood that had been missing from the report - presumably, it had either been lost when his body was wrapped in his bedding when it was taken to the funeral home, or the funeral home wiped it off - but because it was referenced in the police report from the first person who responded, that was added to the autopsy report). We then spent about 6 months searching for someone who could do forensic tissue testing to see if there was any 'evidence of mold.' The ONLY person we found - after writing to somewhere between 300-400 people, in mycobiology labs, and membership lists of mycologists, forensic pathologists and veternary groups that work with animal poisoning from molds, all over the US, Canada and the EU- the ONLY person we found, we were skeptical about using because he'd been slammed in our local LA Times for being highly inaccurate (which seems to have been planted material, but unfortunately ended up in an article that was part of a series that won the paper a Pultizer Prize). We got confirmation from trustworthy people that he was trustworthy, and went ahead with testing - he's been FABULOUS and has gone way above and beyond for us. What he found was an enormous quantity of the mycotoxin Trichothecene in his lung tissue. People get sick at 2 parts per billion and can be terribly ill at 10. My neighbor had 128.9 ppb in his lung tissue. Which we submitted to the Coroner's office for them to consider. They did the most important thing for us, which is to note the finding in the autopsy record which makes it official. HOWEVER, they had a pulmonologist look at the findings and he decided there was 'no evidence of fungal infection.' It took me a good while to learn the different ways molds can hurt a person, but I had it figured out before I stumbled upon tis group...there was an article posted about a week ago that talked about infection and irritation and allergy and POISON from mycotoxins. The Coroner got a lung specialist to indicate there was no infection when we had provided evidence of poisoning. So we've written them back AGAIN to ask why they didn't have a medical mycologist review the findings, and we've just gotten the postcard back saying they signed for the certified mail. It's been about 15 months since the autopsy report was first filed, and 19 months since he died. We have 5 months left in our statute if we want to file a case. The first atty we worked with when he died left the case when the autopsy report was released - said there was no way he could win it with that report. We've been through a half dozen other firms since, all of whom think we've got a good case (since we've already documented a good portion of the hard stuff), but they are not willing to take on the expense of this kind of trial because pain and suffering damages are capped in California and he left no heirs, so there would be very limited economic damages. I assume you're with me so far... we have a guy who DIED because of his exposure to mold for which WE ALREADY HAVE PROOF, and it still this travesty is not literally WORTH it for a contingency lawer to take on to champion. Some of the folks on this board know that as a nonlawyer I'm going to represent my neighbor and his mother because we can't find anyone to do it for us and we're tired of begging and pleading, and I know this case better than anyone as I've coordinated all our efforts so far. We'll see how far I get... I believe we have proof of a kind that the court will accept - very often tests get challenged as being nonstandard or not yet accepted, but the test they used to find his toxin is an ELISA test which is what they use to find HIV. The lab that did the work is certified. A journal article is presently being submitted for peer review on my neighbor's death. Theorhetically, we have the ingredients we need to get past the stumbling blocks that have tripped others. We'll see. And we have both clarity of vision about what happened AND passion that couldn't come from outside representation. The panel on Capitol Hill Sharon mentioned? She is too humble to explain that she spent many, many months putting it together and making sure knowledgable doctors showed up as did many more Congressional aides than were anticipated. AND, what she also didn't say was that the aides generally walk in and out of these sessions, but this one was exceptional because those who came STAYED and asked questions at the end. So, it's not like this stuff isn't being discussed... it is. We're all monitoring each other's progress working where we can make our own difference. If you have an idea, pipe up, and others will help as they can. Best, Haley --- ldelp84227 <ldelp84227@...> wrote: > I don't understand why there hasn't been any > discussion regarding the > info Sharon posted on Significant ruling > impacts mold victims or > whatever it was called. I think this is a > major step in the right > direction. These criminals that were writing > for major publications > for years and this is where judges, doctors, > and the press get their > info. These men have been getting paid also as > defense witnesses in > mold cases. I am encouraged and I think > everyone should let everyone > possible know about this info. This is just a > small part of the > judgement. Sharon has worked hard on this and > I think it is worth > discussing. > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > Summary > Many people have been ill with serious > mold/mycotoxin induced > illnesses. > They have been unable to obtain proper medical > treatment prior to the > time > these > illnesses have become progressively and > irreversibly debilitating. > Many > physicians and citizens have been falsely told > that mold does not > cause serious > illness, leaving the medical community and > public uneducated and > unaware of > the true danger. > The medical misinformation promoted for the > benefit of the defense in > mold > litigation has stifled and confused the already > young field of > science. It has > fueled contention. The promotion of the concept > " not plausible, > improbable, > junk science " within the medical community and > the general public has > been a > primary cause for the lack of early detection > and timely medical > treatment. > This in turn, has cost stakeholders with > financial interest in the > moldy > buildings, unnecessary billions. The > misinformation, that has > retarded proper > medical understanding, has also caused a > tremendous increase in > financial > responsibility for stakeholders. Increased > health damages sustained > equals > increased resultant stakeholder liability. . > > Mold itself, has not been the crux of the > problem. The denial of > illness in > an attempt to limit liability has directly > caused greater illness - > and > thereby has caused greater liability. The > situation has been > wastefully self > perpetuating. The defense argument of “not > plausible, improbable > and junk > scienceâ€? > has proven to be its own worst enemy. > > Dr Borak, overseer for the " peer > review process " of the > ACOEM Mold > Statement, summed the matter up best in an > email he wrote in 2002: > > Email September 8, 2002 > From: Borak, Chair of the Scientific > Committee, ACOEM > Dean Grove, Past President, ACOEM > CC: Bernacki, ACOEM President 2002; > Barry Eisenberg, > Executive Director ACOEM; Tim Key, ACOEM > President 2003. > > " Dean et al: > > I am having quite a challenge in finding an > acceptable path for the > proposed position paper on mold. Even though a > great deal of work has > gone in, it seems difficult to satisfy a > sufficient spectrum of the > College, > or > at least those concerned enough to voice their > views. > > I have received several sets of comments that > find the current > version, > much revised, to still be a defense argument. > On the other hand, > Hardin and his colleagues are not willing to > further dilute the > paper. The > have done a lot, and I am concerned that we > will soon have to either > endorse or let go. I do not want to go to the > BOD and then be > rejected. > That would be an important violation of . > I have assured him > that if > we do not use it he can freely make whatever > other uses he might want > to > make. If we " officially " reject it, then we > turn is efforts into > garbage. > .... " > > Garbage it was, based on the Veritox 2000 > ‘review’ and provided > credibility > by the imprimatur of ACOEM. Once the > credibility was established by > the > ACOEM, the garbage was then spread to other > purported state of the > art, mold > review papers. > The unscientific concept that one could take a > single review of rodent > studies with math applied and determine all > human illness from > inhaling > mycotoxins > indoors could never happen, took on a life of > its own and grew. It > became > understood that one could never become > seriously ill from inhaling > mold > indoors. > No one seemed to remember exactly how this > concept came to be. They > just > knew it to be true because they had read it in > many > authoritative " state of the > art " mold review papers. > The lives, health and financial well being of > thousands have been > forever > damaged because of it. > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > And that is the Landmark Significance of the > Ruling on April 14, > 2006, Sacramento, California, regarding " Risk > from inhaled mycotoxins > in indoor > office and residential environments. Int J > Toxicol 2004; 23: 3- > 10.Robbins CA, > Swenson LJ, Hardin BD. (Veritox, 2004). The > courts have found Veritox > 2004 is > not plausible, improbable and Junk Science. > > Needless to say, I am thrilled. Maybe NOW we > can get this issue out > of the > courts and into doctors’ offices where it > belongs. Maybe NOW we can > all stop > wasting time, lives and money! > > > > > > > --------------------------------- Sports Fantasy Football ’06 - Go with the leader. Start your league today! 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Guest guest Posted June 18, 2006 Report Share Posted June 18, 2006 the best of luck to you haley. > > > I don't understand why there hasn't been any > > discussion regarding the > > info Sharon posted on Significant ruling > > impacts mold victims or > > whatever it was called. I think this is a > > major step in the right > > direction. These criminals that were writing > > for major publications > > for years and this is where judges, doctors, > > and the press get their > > info. These men have been getting paid also as > > defense witnesses in > > mold cases. I am encouraged and I think > > everyone should let everyone > > possible know about this info. This is just a > > small part of the > > judgement. Sharon has worked hard on this and > > I think it is worth > > discussing. > > > > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > > Summary > > Many people have been ill with serious > > mold/mycotoxin induced > > illnesses. > > They have been unable to obtain proper medical > > treatment prior to the > > time > > these > > illnesses have become progressively and > > irreversibly debilitating. > > Many > > physicians and citizens have been falsely told > > that mold does not > > cause serious > > illness, leaving the medical community and > > public uneducated and > > unaware of > > the true danger. > > The medical misinformation promoted for the > > benefit of the defense in > > mold > > litigation has stifled and confused the already > > young field of > > science. It has > > fueled contention. The promotion of the concept > > " not plausible, > > improbable, > > junk science " within the medical community and > > the general public has > > been a > > primary cause for the lack of early detection > > and timely medical > > treatment. > > This in turn, has cost stakeholders with > > financial interest in the > > moldy > > buildings, unnecessary billions. The > > misinformation, that has > > retarded proper > > medical understanding, has also caused a > > tremendous increase in > > financial > > responsibility for stakeholders. Increased > > health damages sustained > > equals > > increased resultant stakeholder liability. . > > > > Mold itself, has not been the crux of the > > problem. The denial of > > illness in > > an attempt to limit liability has directly > > caused greater illness - > > and > > thereby has caused greater liability. The > > situation has been > > wastefully self > > perpetuating. The defense argument of “not > > plausible, improbable > > and junk > > science� > > has proven to be its own worst enemy. > > > > Dr Borak, overseer for the " peer > > review process " of the > > ACOEM Mold > > Statement, summed the matter up best in an > > email he wrote in 2002: > > > > Email September 8, 2002 > > From: Borak, Chair of the Scientific > > Committee, ACOEM > > Dean Grove, Past President, ACOEM > > CC: Bernacki, ACOEM President 2002; > > Barry Eisenberg, > > Executive Director ACOEM; Tim Key, ACOEM > > President 2003. > > > > " Dean et al: > > > > I am having quite a challenge in finding an > > acceptable path for the > > proposed position paper on mold. Even though a > > great deal of work has > > gone in, it seems difficult to satisfy a > > sufficient spectrum of the > > College, > > or > > at least those concerned enough to voice their > > views. > > > > I have received several sets of comments that > > find the current > > version, > > much revised, to still be a defense argument. > > On the other hand, > > Hardin and his colleagues are not willing to > > further dilute the > > paper. The > > have done a lot, and I am concerned that we > > will soon have to either > > endorse or let go. I do not want to go to the > > BOD and then be > > rejected. > > That would be an important violation of . > > I have assured him > > that if > > we do not use it he can freely make whatever > > other uses he might want > > to > > make. If we " officially " reject it, then we > > turn is efforts into > > garbage. > > .... " > > > > Garbage it was, based on the Veritox 2000 > > ‘review’ and provided > > credibility > > by the imprimatur of ACOEM. Once the > > credibility was established by > > the > > ACOEM, the garbage was then spread to other > > purported state of the > > art, mold > > review papers. > > The unscientific concept that one could take a > > single review of rodent > > studies with math applied and determine all > > human illness from > > inhaling > > mycotoxins > > indoors could never happen, took on a life of > > its own and grew. It > > became > > understood that one could never become > > seriously ill from inhaling > > mold > > indoors. > > No one seemed to remember exactly how this > > concept came to be. They > > just > > knew it to be true because they had read it in > > many > > authoritative " state of the > > art " mold review papers. > > The lives, health and financial well being of > > thousands have been > > forever > > damaged because of it. > > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > > And that is the Landmark Significance of the > > Ruling on April 14, > > 2006, Sacramento, California, regarding " Risk > > from inhaled mycotoxins > > in indoor > > office and residential environments. Int J > > Toxicol 2004; 23: 3- > > 10.Robbins CA, > > Swenson LJ, Hardin BD. (Veritox, 2004). The > > courts have found Veritox > > 2004 is > > not plausible, improbable and Junk Science. > > > > Needless to say, I am thrilled. Maybe NOW we > > can get this issue out > > of the > > courts and into doctors’ offices where it > > belongs. Maybe NOW we can > > all stop > > wasting time, lives and money! > > > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 19, 2006 Report Share Posted June 19, 2006 Our stories of the neglect are devestating as I have told mine for nine years here. I feel for everyone. Just thought it would be good to discuss something positive that has happened after all these years. Anything encouraging makes me feel somewhat better after what my family has been through-- as we all can relate. --- In , " ldelp84227 " <ldelp84227@...> wrote: > > I don't understand why there hasn't been any discussion regarding the > info Sharon posted on Significant ruling impacts mold victims or > whatever it was called. I think this is a major step in the right > direction. These criminals that were writing for major publications > for years and this is where judges, doctors, and the press get their > info. These men have been getting paid also as defense witnesses in > mold cases. I am encouraged and I think everyone should let everyone > possible know about this info. This is just a small part of the > judgement. Sharon has worked hard on this and I think it is worth > discussing. > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > Summary > Many people have been ill with serious mold/mycotoxin induced > illnesses. > They have been unable to obtain proper medical treatment prior to the > time > these > illnesses have become progressively and irreversibly debilitating. > Many > physicians and citizens have been falsely told that mold does not > cause serious > illness, leaving the medical community and public uneducated and > unaware of > the true danger. > The medical misinformation promoted for the benefit of the defense in > mold > litigation has stifled and confused the already young field of > science. It has > fueled contention. The promotion of the concept " not plausible, > improbable, > junk science " within the medical community and the general public has > been a > primary cause for the lack of early detection and timely medical > treatment. > This in turn, has cost stakeholders with financial interest in the > moldy > buildings, unnecessary billions. The misinformation, that has > retarded proper > medical understanding, has also caused a tremendous increase in > financial > responsibility for stakeholders. Increased health damages sustained > equals > increased resultant stakeholder liability. . > > Mold itself, has not been the crux of the problem. The denial of > illness in > an attempt to limit liability has directly caused greater illness - > and > thereby has caused greater liability. The situation has been > wastefully self > perpetuating. The defense argument of “not plausible, improbable > and junk > science†> has proven to be its own worst enemy. > > Dr Borak, overseer for the " peer review process " of the > ACOEM Mold > Statement, summed the matter up best in an email he wrote in 2002: > > Email September 8, 2002 > From: Borak, Chair of the Scientific Committee, ACOEM > Dean Grove, Past President, ACOEM > CC: Bernacki, ACOEM President 2002; Barry Eisenberg, > Executive Director ACOEM; Tim Key, ACOEM President 2003. > > " Dean et al: > > I am having quite a challenge in finding an acceptable path for the > proposed position paper on mold. Even though a great deal of work has > gone in, it seems difficult to satisfy a sufficient spectrum of the > College, > or > at least those concerned enough to voice their views. > > I have received several sets of comments that find the current > version, > much revised, to still be a defense argument. On the other hand, > Hardin and his colleagues are not willing to further dilute the > paper. The > have done a lot, and I am concerned that we will soon have to either > endorse or let go. I do not want to go to the BOD and then be > rejected. > That would be an important violation of . I have assured him > that if > we do not use it he can freely make whatever other uses he might want > to > make. If we " officially " reject it, then we turn is efforts into > garbage. > .... " > > Garbage it was, based on the Veritox 2000 ‘review’ and provided > credibility > by the imprimatur of ACOEM. Once the credibility was established by > the > ACOEM, the garbage was then spread to other purported state of the > art, mold > review papers. > The unscientific concept that one could take a single review of rodent > studies with math applied and determine all human illness from > inhaling > mycotoxins > indoors could never happen, took on a life of its own and grew. It > became > understood that one could never become seriously ill from inhaling > mold > indoors. > No one seemed to remember exactly how this concept came to be. They > just > knew it to be true because they had read it in many > authoritative " state of the > art " mold review papers. > The lives, health and financial well being of thousands have been > forever > damaged because of it. > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > And that is the Landmark Significance of the Ruling on April 14, > 2006, Sacramento, California, regarding " Risk from inhaled mycotoxins > in indoor > office and residential environments. Int J Toxicol 2004; 23: 3- > 10.Robbins CA, > Swenson LJ, Hardin BD. (Veritox, 2004). The courts have found Veritox > 2004 is > not plausible, improbable and Junk Science. > > Needless to say, I am thrilled. Maybe NOW we can get this issue out > of the > courts and into doctors’ offices where it belongs. Maybe NOW we can > all stop > wasting time, lives and money! > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 22, 2006 Report Share Posted June 22, 2006 I think that there really needs to be some attention paid to the fact that in the case of toxic mold poisoning, the realpolitik for most people who have their health seriously impacted by toxic mold is that it is almost 100% certain that even if they do receive compensation of some kind, it will be next to nothing compared to the cost of the impact on their lives. And the situation with mold is not so very different than that with many other kinds of toxic exposures caused by profiteers. There is basically no accountability for these people in this country. None. Zero. For every person who gets representation and who wins an amount in court that begins to address what has happened to them, there are probably a thousand who can't or don't. Ultimately, its my feeling that any person or organization who aids this whitewash should be held partially liable, as its a real tragedy. And the statute of limitations should not begin running until people who have been hurt actually can begin to sue *successfully*, not simply when they find out but can't do anything about it because all the avenues they would use to sue are blocked by lies. Quote Link to comment Share on other sites More sharing options...
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