Dealing With Dangers From the Fungus Among Us

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Breaking the Mold

Dealing With Dangers From the Fungus Among Us

LA Downtown News Online - Los Angeles,CA*

by Ed Ritchie

http://www.ladowntownnews.com/thebodyshop/

It's in the air we breathe, the food we eat and on most everything

we touch. It can turn milk to cheese or destroy an entire silo of

grain. And like asbestos and lead-based paint in the past, it's the

current focus of media hype, multi-million dollar litigation and

widespread health fears.

The culprit is mold, an essential part of the world's ecosystem. The

tough fungus, which is represented by more than 100,000 varieties,

travels as an airborne spore until it finds a moist, organic

surface. Then it develops into its unpleasant counterpart ‹ a dark,

wet-looking substance that often smells as bad as it looks.

But is it really a health hazard?

Apart from recent high-profile lawsuits blaming mold for everything

from asthma to nerve paralysis (Ed McMahon was involved in a case of

mold litigation), unless you have a weakened immune system, the odds

are you don't have much to fear. But like mushrooms, some varieties

are toxic, and public health agencies say mold of any kind shouldn't

be allowed to proliferate.

The National Center for Environmental Health (NCEH) notes that

symptoms of mold exposure include hay-fever like allergies (dust or

reactions to animal hair could also be a cause), and warns that

young children and the elderly may be at increased risk for

infection.

The most common indoor molds are cladosporium, penicillium,

aspergillus and alternaria. Stachybotrys chartarum, a toxic mold

found in buildings, has been the subject of many lawsuits. It likes

material with a high cellulose and low nitrogen content, which

describes the composition of typical building materials such as

fiberboard and gypsum board, and common household items like paper,

dust and lint.

According to the NCEH, " At present there is no test that proves an

association between Stachybotrys chartarum (Stachybotrys atra) and

particular health symptoms. However, if Stachybotrys chartarum or

other molds are found in a building, prudent practice recommends

that they be removed. "

Suits and Lawyers

There's no consensus within the scientific or medical communities

about the health hazards of mold, but that hasn't stopped the flood

of expensive legal battles taking place across the country. On one

side are the insurance companies, building owners and construction

and real estate industries, all potentially liable for the causes of

mold or its hazards to health and property. On the other side are

public and private employees, residential and commercial property

occupants and trial lawyers.

" Some molds are toxic, " says Loren Witkin, a principal with Glendale-

based Citadel Environmental Services. " But I don't think there's

ever a reason to hit the panic button and run screaming out of the

building. "

Yet the multi-million dollar lawsuits and media hoopla have spawned

an army of mold lawyers and fungus finders who nearly encourage the

public to panic ‹ and sue. Some observers say the litigation costs

are devastating the construction industry, commercial and

residential property owners, and the insurance companies that

service these groups.

" Many attorneys are dedicating a significant amount of their

practice to these cases, " says Shafery, a partner at the law

firm of Poole and Shafery. Shafery represents defendants in mold

related suits and explains that such cases often become nightmares

for anyone even remotely associated with the construction of a

building. In one case, 400 condominium owners sued more than 100

parties involved with the building's construction.

The suits are expensive. A recent case involved a California

homeowner who was awarded $18.5 million, with all but $500,000 of it

for punitive damages. Insurance companies are scrambling to control

their losses. State Farm, one of the country's largest, has stopped

writing new homeowners insurance coverage in California and 29 other

states.

The fear of mold-based litigation has forced many insurers to stop

covering builders and their subcontractors, says Nichole Mahrt,

spokesperson for the American Insurance Association. " Home

construction and sales have been the shining lights in California's

economy and if they can't get insurance, they're not going to build

housing, " she warns.

Insurance companies are also fighting existing claims, citing the

fact that it's a general practice in the industry to exclude mold

from damage coverage. " Policies don't include mold, " explains

Mahrt, " yet the typical water damage claim forces us to protect

ourselves from bad faith claims so we have to pay for additional

steps. A toilet overflow that used to cost $3,000 now costs $30,000. "

Safety Steps

Despite the lack of legislated standards, it's possible for both

building owners and occupants to develop a reasonably mold-safe

environment, say experts at Citadel Environmental Services.

Commercial building owners should have their buildings inspected for

water damage and mold by a qualified company. Once an inspection is

done and any remediation completed, management should have a

proactive plan, including a written policy instructing maintenance

staff how to respond to water leaks or mold growth, a program

manager and training for field staff.

" Most buildings don't have their systems cleaned as often as they

should, which is every three to six years, " Witkin says.