Re: Fwd: Pandemic! CEO's denial of Self-Induced Psychological I...

[Guest guest]

Can they still get sued??

KT

From: snk1955@... <snk1955@...>

Subject: Fwd: [] Pandemic! CEO's denial of " Self-Induced

Psychological I...

Date: Monday, July 7, 2008, 9:23 AM

Interesting article.

" Philip Harber, the chief of occupational and environmental medicine

at UCLA who was Avery's doctor, said, " Based on what Mr. Avery

described and the properties of what was involved, it appears likely

his occupational exposure contributed significantly to his lung

problem. " Citing respiratory, internal and spine injuries, Avery

eventually won a $657,000 settlement after negotiations between his

lawyer and the insurance company administering the plant's workers'

compensation claims. "

Harber was a peer reviewer for the ACOEM Mold Statement. He

cautioned ACOEM about getting sued for what they were about to endorse and the

need

for proper disclosure of conflicts of interest.

" From: Harber, , M.D. (email address)

Sent: Saturday, June 15, 2002 11:06 AM

nne Dreger, Carson Arch, Cowl Clayton T, DElcios ;

Eschenbacher, MD, Harber, MD. Jolly Athena, Borak,

Larrry

Lindsmith, MD, Lockey , Markham McKay, Roy T, Phd,

Lawrence,

Shearon , Dorsett D, MD, Stuart MD, Townsend C, Valez

Henry, Wintermeyer E,

CC: Debbie Paddack

Subject: RE: Lung Committee Review of Position Statement on Indoor Mold.

Thank you for sending this for review. A clear, written summary of

background and purpose we greatly facillitate review. As most of you know,

many

consider this issue to be the " asbestos of the decade " . Here in California,

there

are an enormous number of lawsuits involving staychybothrys, and this has

become the new issue for Brockavich. The Los Angeles Times reported that

the number of water damage claims has doubled and that many insurers will no

longer cover mold damage.

I believe it is therefore essential that the process of development and

review be carefully considered. Many of you may recall that the plaintiff bar

sued officers of the American Thoracic Society whent hey released the statement

on " diagnosis of non-malignant disease due to asbestos " ... Because of the

extensive litigation, it is inevitable tht our representatives will be subject

to subpoenas to describe the process.

Therefore, before we focus on the (more important) scientific issue, I hope

we can define the process. Specifically: 1. Who appointed the committee? 2.

Was this proposed statement developed in response to a request from the

Board or Committee, or was the committee approached by the authors? 3.

Recognizing the " political " Controversy, are we assured that the committee was

appointed with the attention to balance of viewpoints? 4. Will the document be

reviewed by the Industrial Hygienists, since their organization has a somewhat

different position statement? (not necessarily a correct one!) 5. Will ACOEM

indemnify us as commentators if we are sued in the course of our organizational

service? 6. Should we request disclosure of potential conflicts of interest?

(Being involved in litigation should certainly not exclude someone from

participating, but failure to disclose soils the process). 7. What is the time

course of this project?

Please do not interpret these remarks as negative concerning the substance

of the document itself; it makes some very important points which need to be

said loud and clear. This is a highly litigated area. and therefore we need to

be particularly careful about process, personally strongly support the need

for ACOEM to make a position statement concerning this area. "

Fast forward to 2008, Harber is leading a mold seminar at UCLA/UC

Irvine. I have the docs from this seminar. It came complete with a mock mold

trial. Harriet Burge was a presenter, as was n Joe Fedoruk..another

ACOEM peer reviewer. " not plausible " from inhaled mycotoxins was being taught.

As was Lees Haley's garbage that was just outed on the front page of

the WSJ in March, where is psychological Fake Bad Scale is grossly skewed

toward the findings of malingering. Lees-Haley is a prolific expert defense

witness in mold litigation.

Southern California Education and Research Center. (SCERC) Mold symposium.

_http://www.ph. ucla.edu/ erc/mold- symposium- 2-08.htm_

(http://www.ph. ucla.edu/ erc/mold- symposium- 2-08.htm)

NIOSH funding for the SCERC:

UCLA School of Public Health

Southern California Education and Research Center

March 14, 2008

Dear Colleagues:

The Sourthern California Education and Research Center (SCERC) is one of

seventeen centers across the United States funded by NIOSH. The Center

conducts

research and trains professionals in the field of occupational health at

UCLA and UC Irvine in the areas of occupational medicine, industrial hygiene,

and occupational health nursing. WOEMA has had a strong long standing working

relationship with the SCERC.....

Dean Baker.

************ **Gas prices getting you down? Search AOL Autos for

fuel-efficient used cars. (http://autos. aol.com/used? ncid=aolaut00050

000000007)

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-- Re: Fwd: [] Pandemic! CEO's denial of " Self-Induced

Psychological I...

Can they still get sued??

KT