Settlement reached in mold lawsuits

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Settlement reached in mold lawsuits

Kids at former Newport Beach day care suffered health problems,

parents say.

By RACHANEE SRISAVASDI

The Orange County Register

http://www.ocregister.com/ocregister/homepage/abox/article_1219358.ph

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YGNACIO NANETTI, THE REGISTER

Timeline of mold lawsuits in O.C., 1996-2006

May 2006: Six families win their mold contamination lawsuit against

Childtime Daycare, a now-closed Newport Beach day-care facility.

October 2004: A Santa Ana teacher files a lawsuit against the Santa

Ana School District citing mold in her classroom as cause of her

respiratory illness, but fails to prove so in court.

August 2002: Celmer and family of Fullerton received

$900,000 to settle a toxic mold case from fungus growing in the

walls of their apartment.

June 2002: The Breakers at Bear Brand Homeowners Association in

Laguna Niguel has settled a million-dollar mold lawsuit against Shea

Homes.

October 2000: Forty-one Rancho Santa Margarita homeowners who said

their homes suffered water damage, mildew and mold because of poorly

made concrete brought a lawsuit against Mock Inc., and were

awarded more than $3.5 million

September 1999: Three lawsuits filed in Superior Court in Santa Ana

state that the mold in the Market on the Lake center is dangerous

and that it left several employees seriously ill.

ORANGE – Six families were in court Friday as a judicial officer

approved a settlement to their mold-contamination lawsuits against a

now-closed Newport Beach day-care center.

The youngsters – whose parents say they suffered from ailments such

as hearing loss, ear infections and vomiting after their stays at

Childtime Childcare – will get an undisclosed amount of money. The

actual amounts were sealed.

The parents sued Childtime Daycare in February 2003, a month after

the center had closed.

They said the center, which was on San Drive, had " chronic

water intrusion " which infested the center with a black mold,

stachybotrys, which became toxic. There is no direct evidence that

the children got sick because of the mold, but the parents say their

kids became healthier after leaving the center.

McClister, who now lives in Santa Clarita, was the parent who

found out about reports of the mold and told other parents. Her two

children – 9-year-old and 6-year-old – attended the

day care as toddlers. They had pneumonia, coughing and congestion.

" They put kids at risk, " she said.

Eight-year-old Devin Costello had permanent hearing loss in her

right ear, said her mother, Beth Costello.

Schwartz, attorney for parents, called the settlement

a " major victory " to deter other child-care centers from exposing

children to mold.

Workman, an attorney for Childtime Childcare, said the lawsuit

prompted the business – which has day-care centers nationwide – to

try to tell parents of conditions that may have health or safety

implications.

But in this case, he said there was no evidence the children got

sick because of the mold. The settlement does not deem the center

culpable of making the kids sick.

Sandy McNeel, a research scientist for the California Department of

Health Services, said mold can affect one's health. She said

research indicates individuals who are in damp or moldy buildings

are twice as likely to have respiratory problems than those in

environments without mold.

Also at the hearing, the judicial officer approved a separate mold-

contamination settlement regarding the center. Siblings and

Drew will get $20,000 each. The siblings now live in Colorado.