Attorney to Explore Mold Concerns at Fla. Federal Courthouse

[Guest guest]

Attorney to Explore Mold Concerns at Fla. Federal Courthouse

Law.com - San Francisco,CA*

Kay

Daily Business Review

October 16, 2007

http://www.law.com/jsp/article.jsp?id=1192439007260

Coral Gables, Fla., plaintiffs attorney Ervin says he will

begin investigating environmental conditions at the W. Dyer

Federal Courthouse in downtown Miami at the request of friends and

relatives of the late U.S. Magistrate Judge Ted Klein and federal

employees who work there.

has not been formally retained. But he has begun gathering

information. He also characterized two reports outlining mold

conditions at the old Miami courthouse as " troubling, but not

conclusive. "

" There's a lot of mold and contaminants and toxins that shouldn't be

there, " said of the lengthy environmental reports done when

Klein became ill last year. " Whether that is causing disease or not

has yet to be determined. If I am formally retained, I will bring in

my own toxicology people. "

Klein died last year after contracting a mysterious respiratory

ailment. His friends and family say Klein, who was healthy and

athletic, began coughing and experiencing respiratory symptoms

shortly after he started working in the building. His courthouse has

been cordoned off since his death.

said he was approached by Rebekah J. Poston, a former

federal prosecutor and now partner at Squires & Dempsey in

Miami. She was a partner of Klein's for 17 years and was approached

by employees and relatives of Klein.

" I'm really, really concerned about conditions at the courthouse, "

Poston said. " I think the jury's out on this issue. "

Hank Klein, the judge's brother, said he was also concerned after

reading an article in the Daily Business Review last month about

mold conditions in the courthouse where his brother worked. " We're

examining our options, " Klein said.

The article described how employees are fearful of conditions at the

building, including water seepage, peeling wallpaper and mildewed

carpeting. Chief U.S. District Judge Federico Moreno, in a memo to

all employees of the building, urged them to visit their physicians.

He is allowing clerks to work at home if they are ill. Moreno also

ordered the basement closed and is asking anyone who enters it to

wear gloves and protective clothing.

Employees who work at the building have complained of nasal

bleeding, double pneumonia, walking pneumonia, asthma and allergies.

Several employees who did not want to be identified said Moreno has

told them, " we're closing the building. " They did not provide

specifics. The judge did not return calls for comment.

The General Services Administration took over operations of the

W. Dyer Federal Building and U.S. Courthouse from the

Administrative Office of the U.S. Courts on Oct. 1. The GSA

dispatched its own inspectors to examine the building.

In a memo sent to employees Thursday, Court Services Manager Pamela

Thaggart said officials from the U.S. Public Health Service's

Division of Occupation Health would perform a building assessment on

the courthouse for two weeks.

" The purpose is to provide GSA with accurate information about the

current condition of the building and it is part of a routine

assessment to aid GSA in identifying areas for improvement, "

Thaggart stated. " As part of this assessment, inspectors will be

collecting samples of suspect asbestos containing building materials

as well as conducting a visual inspection for water intrusion and

public health and safety hazards. "

Meanwhile, problems continue at the Wilkie D. Ferguson Jr. Federal

Courthouse, which was scheduled to open in July 2005 and is $78

million over budget.

Mote, spokesman for GSA, the building landlord, confirmed last

week that an explosion occurred in the building last month when an

electrical system shorted out after apparently coming into contact

with water seepage. No one was in the building at the time. The

explosion means the building's entire electrical system must be re-

examined and workers must try to determine the source of the water.

Mote said he wasn't sure how this latest construction snag will

affect move-in dates for the building. A certificate of occupancy

was issued for the building. But Southern District of Florida court

officials refuse to move in -- and begin paying rent -- until all

the work is completed. Other than the electrical problem, the only

work remaining is finishing a state-of-the-art audio visual system

being installed in all the courtrooms.

The latest estimate indicates judges could begin moving in after

Jan. 1, 2008, according to sources involved in the construction

process.

Pressure is mounting to complete the Ferguson building because that

will allow employees to move out of the Dyer building and into

either the Tower Building or the Lawrence King Federal Justice

Building. The judges and employees in the King building will be

moving into the Ferguson courthouse when it opens.

Additionally, the court's probation department, which is leasing

office space on Biscayne Boulevard, must move when its lease expires

at the end of the year. The plan is for that department to move into

the Ferguson courthouse.

According to sources, the judges will move into the courthouse in

stages, with Judges Moreno, K. , Graham and

Huck -- all to be located on the 13th floor -- moving first. Before

that happens, though, the U.S. Marshals Service will conduct a

security sweep of the building with bomb-sniffing dogs, which will

take two weeks.