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Re: [moldtheseverereactor] Katy's Exposure~US Chamber Deceit In NAA Amicus Brief~Deceased Infants~Mold

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Is somebody going to file all of this information with the Court of Appeals in

Arizona?

________________________________

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

; moldtheseverereactor

Sent: Mon, November 2, 2009 3:28:31 PM

Subject: [moldtheseverereactor] Katy's Exposure~US Chamber Deceit In NAA Amicus

Brief~Deceased Infants~Mold

_http://katysexposur e.wordpress. com/2009/ 11/02/updated- with-more-

information

-political-action- committee- %e2%80%93- naa-%e2%80% 93-files- amicus-brief-

in-mo

ld-case-two- infant-deaths- in-mold-filled- apt-%e2%80% 93-wasatch- prop-mgmt-

cit

ing-us-chamber/ _

(http://katysexposur e.wordpress. com/2009/ 11/02/updated- with-more-

information- political- action-committee -–-naa-–

-files-amicus- brief-in- mold-case- two-infant- deaths-in- mold-filled- apt-–

-wasatch-prop- mgmt-citing- us-chamber/ )

Updated with more information – Political Action Committee – NAA – files

Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch

Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim

health effects of indoor mold & limit financial risk for industry

_Jump to Comments_

(http://katysexposur e.wordpress. com/2009/ 11/02/updated- with-more-

information- political- action-committee -–-naa-–

-files-amicus- brief-in- mold-case- two-infant- deaths-in- mold-filled- apt-–

-wasatch-prop- mgmt-citing- us-chamber/ #comments)

Thanks to Sharon Kramer for most of this information. We will be adding

more documents to this.

“The US Chamber of Commerce, along with the Manhattan Institute, paid to

have the oft times debunked American College of Occupational and

Environmental Medicine’s Mold Guidance for physicians translated into “easy

speak†so

it could be distributed to the insurance, banking, construction, and other

stakeholder industries so they could defend themselves against mold

illnesses and claims.†Mulvey son

“Government agencies refer the sick to two medical associations who have

physicians knowledgeable about molds induced illnesses, the ACOEM and the

Association of Occupational and Environmental Clinics. But the clinics are

run by physicians who also members of ACOEM and adhere mostly to the

teachings of ACOEM. So, the sick are being referred by our government to those

who

deny mold causes serious illnesses. These are the same clinics that

employers or insures often times send patients to for independent medical exams

that are then used against the sick as a weapon to deny liability for causing

their illness. Because they know the doctors don’t acknowledge mold causes

serious illness. The sick are victimized all over again.†Mulvay

son

HOW and WHY homes and buildings have become petri dishes for molds and

bacteria & HOW the US Chamber and ACOEM orchestrated deceptive measures to

produce a ‘litigation defense report’ to disclaim the health effects of

indoor mold instead of warning the public and teaching physicians that the

buildings were the cause of increased illnesses. WHY? To stave off the

financial

liability for industry.

“In the late 70’s, buildings in the US began to be constructed more

airtight to promote energy efficiency. Manmade materials such as particle board

and dry wall began to be used. These materials easily wick when water is

added from floods and leaks in the buildings.

In essence, we transformed our buildings into gigantic petri dishes and

provided a food source for molds and bacteria to flourish when water is

added. Air conditioners also became the mainstay of construction causing the

molds and bacterias to recircluate in the air and spread throughout the

buildings.

Over the next twenty years as many buildings experienced water damage,

people began to become ill from the mold and bacteria in damp buildings at a

rate never before seen in the history of man. Instead of doing the right

thing to warn the public and teach the physicians that the buildings were the

cause of the increased illnesses, commerce took an orchestrated deceptive

measure to stave off the financial liability from the situation.

They systematically marketed false science to the courts that it had been

scientifically proven the damp, moldy buildings were no health threat. They

brought into the mold issue a toxicologist who had a long term

relationship with Big Tobacco, Bruce Kelman PhD; and his business partner,

Hardin PhD. Hardin had just retired from the National Institute of Occupational

and Environmental Health (NIOSH). He was beginning a lucrative second

career as an expert defense witness in toxic torts bringing his government

credentials with him to add credibility. The two men authored two US health

policy papers on mold illnesses in 2002 and 2003.

One of the scientifically fraudulent policy papers is presented to the

courts as being the scientific opinion of thousands of knowledgeable

physicians, the American College of Occupational and Environmental Medicine

(ACOEM)

Adverse Human Health Effects of Molds In the Indoor Environment – an

evidence based position statement.

The other policy paper authored by Kelman and Hardin was specifically

written and paid for by the Manhattan Institute think-tank to be shared with

judges by the US Chamber of Commerce Institute for Legal Reform (ILR). Judges

are “educated†by the ILR that it had been scientifically proven claims

of illness from the toxins of mold are only being made because of “trial

lawyersâ€, â€media†and “Junk Scienceâ€.

_The Chamber paper that was SPECIFICALLY written for judges – “A

Scientific View of the Health Effects of Moldâ€_

(http://www.uschamber.com/publications/reports/030717_ilr_mold.htm)

Kelman and Hardin had no research backgrounds in mold, yet they professed

to prove what no one else has proven before them or since – that it is

scientifically determined the poisons of mold do not poison when people are

exposed in damp buildings. They accomplished their novel scientific feat

simply by applying mathematical extrapolations to data they borrowed from

someone else’s high dose, single mold exposure rodent study. Adding

unscientific

hypotheticals that fly in the face of the basic tenets of toxicology, their

mass marketed nonsequitor of science has saved many a building stakeholder

hundreds of thousands of dollars in mold litigation.

Their nonsense was legitimized as “evidence based†science by ACOEM in

2002. ACOEM is not a college. It is a trade association made up largely of

company doctors who oversee workers compensation claims. The organization is

discussed four times in Dr. s’ book ‘Doubt Is Their Product,

How Industry’s Assault On Science Threatens Your Health’ for their various

antics over the years for adding undue legitimacy to the ability to

legally deny causation of environmental illnesses that are costly for commerce

and industry.

I find it disgusting that the National Apartment Association PAC would

submit an amicus curie brief, August 31, 2009, in a litigation involving two

new born infant deaths and a moldy apartment complex while, stating, “In a

report entitled, ‘A Scientific View of the Health Effects of Mold’, a panel

of scientists, including toxicologists and industrial hygienists stated

that years of intense study have failed to produce any causal connection

between exposure to indoor mold and adverse health effects. U.S. Chamber of

Commerce, A Scientific View of the Health Effects of Mold (2003) at p. 64 and

p. 65″.

This is because I know and possess incontrovertible evidence that the US

Chamber of Commerce Institute for Legal Reform (ILR) “Scientific View of the

Health Effects of Mold†is the marketing of a scientific fraud along with

her the sister paper, ACOEM’s position statement on mold.

The US Chamber ILR “Scientific View†cites false authorship of having a

physician co-author as one of the “panel of scientistsâ€. In reality no

physician had anything to do with the ILR’s deceptive marketing piece

specifically written for judges. The authors, Kelman and Hardin, do not

acknowledge

they are the authors of the “scientific view†on their curriculum vitaes

as the scientific fraud insidiously makes its way into litigations where

they are generating income from expert witnessing for the defense. Such is the

case in Arizona involving the two infant deaths and a $25 million dollar

insurance policy issued by Travelers Insurance.

What is even more disturbing is that our elected officials in Washington

DC on both sides of the isle are well aware of the deceit of the US Chamber

ILR and company over the mold issue; yet they remain mum and take no action

even when directly requested to do so by thousands.

In the words of Eliot Spitzer in Slate Magazine, October 15, 2009, and

regarding lack of accountability for the deceptive practices of the US Chamber

of Commerce, “The passivity of the publicly elected officials who have the

capacity to raise these issues has been a bit surprising.â€

The reality is, state and federal elected officials in the United States

of America know it is the kiss of death to their political careers to

directly challenge the US Chamber of Commerce. The Chamber has a notorious

reputation of instigating smear campaigns and filing lawsuits to vex, harass

and

silence detractors. As a result of the lack of action by elected officials,

US citizens bare the burden and experience the devastating effects from

the “Scientific View of the Health Effects of…….Gold.â€

Disclosure: In March of 2005, I was the first to publicly write of the

unholy union of ACOEM, the Manhattan Institute, the US Chamber of Commerce,

Congressman , Bruce Kelman and VeriTox, Inc (formerly known as

GlobalTox) over the marketing of a scientific fraud on the courts with regard

to the mold issue. Kelman and Veritox sued me claiming the phrase “altered

his under oath statements†was a false accusation of perjury made with

malice. Since September of 2005, I have been informing the San Diego courts

with uncontroverted evidence that Kelman committed perjury as to why I would

have malice – in a litigation where his sole claim is that I falsely accused

him of being one who would commit perjury. Kelman v. Kramer Case No.

D054496 Fourth District Division One Court of Appeal, San Diego.

Since September of 2005, seven San Diego judges and justices have been

provided with the uncontroverted evidence of Kelman’s perjury on the issue of

malice, including Presiding Justice Judith McConnell who Chairs the

California Judicial Review Committee. Amazingly the uncontroverted evidence of

Kelman’s perjury is repeatedly ignored by the San Diego judges and justices

in

a litigation containing information that is detrimental to the interests

of the US Chamber of Commerce should their scientific fraud on the courts

come to greater public light.â€

As taken from page 9 of the August 31, 2009, NAA amicus curie brief

submitted in the case of Tricia Mason, et al., Kaitlyn , et al., April

Abad

et. al., , et al. v. Wasatch Prop. Mgmt., Inc., et al.

Consolidated:

“In a report entitled, A Scientific View of the Health Effects of Mold, a

panel of scientists, including toxicologists and industrial hygienists

stated that years of intense study have failed to produce any causal connection

between exposure to indoor mold and adverse health effects. U.S. Chamber

of Commerce, A Scientific View of the Health Effects of Mold (2003) at p. 64

and p. 65″.

There was no “panel of scientists†that authored the Chamber ILR’s

scientific view. Only a long time tobacco scientist, Bruce Kelman, and his

business partner, Hardin. These two have been publicly exposed for their

involvement of marketing garbage science to the courts over the mold issue

before. In January of 2007, the Wall Street Journal ran a front page expose

titled “Amid Suits Over Mold Experts Wear Two Hats, Authors of Science Paper

Often Cited By Defense Also Help In Litigation.†Kelman and Hardin were

the “authors of science papers†noted in the title.

In a day when no one questions the US Chamber of Commerce’s deceptive

science over global warming and their influence over legislators in Washington

DC, I question why is this deceit before the courts is permitted to

continue over the mold issue? I feel completely confident in stating that I

have

personally witnessed a scientific view of the health effects of GOLD.â€

Sharon Noonan Kramer

Below is a video of one of the Chamber’s authors discussing the scientific

foundation for the Chamber’s “scientific view†that the NAA submitted in

the Arizona mold litigation case -

_VIDEO – US CHAMBER – SCIENTIFIC VIEW OF THE HEALTH EFFECTS OF…GOLD_

(http://www.blip. tv/file/2756814/)

_WSJ – Court of Opinion – Authors of Science Paper Often Cited by Defense

Also Help in Litigation – Corruption & Deceit in Mold Litigation – ACOEM

/ US Chamber_

(http://katysexposure.files.wordpress.com/2009/09/wsjonlinejan92007.pdf)

(http://www.moldwarriors.com/SK/WSJOnlineJan92007.pdf)

(http://www.moldwarr iors.com/ SK/WSJOnlineJan9 2007.pdf)

_Chamber Paper Cites False Authorship_

(http://katysexposure.files.wordpress.com/2009/10/authorshipuschamber.pdf) -

Testimony, Bruce J. Kelman June 22, 2004

US. Chamber of Commerce Mold Statement (aka Manhattan Institute Version)

July 2003

Testimony, Saxon, November 28, 2006

Testimony, Bruce J. Kelman, February 18, 2005

_Billing records to the Manhattan Institute – Bruce Kelman (GlobalTox)

serving as an expert for in the Big Tobacco RICO_

(http://katysexposur e.files.wordpres s.com/2009/ 10/globaltox- billing-mi. pdf)

(http://katysexposur e.files.wordpres s.com/2009/ 10/globaltox- billing-mi. pdf)

(http://katysexposure.files.wordpress.com/2009/10/naa.pdf) _Dr.

Craners letter of the ACOEM’s Deceit On Mold – a litigation “defense

reportâ€

_

(http://katysexposur e.wordpress. com/2009/ 09/08/dr- james-craners- letter-of-

the-acoems- deceit-on- mold-a-litigatio n-“defense-reportâ€/)

_Sharon Kramer’s Public Comment to Senate HELP Committee – Need For Clear

Definition Of The Term “Evidence Based†In The American Health Choice Act

– ACOEM – Conflict & Deceit – Toxic Mold_

(http://katysexposur e.wordpress. com/2009/ 09/14/sharon- kramers-public-

comment-to- senate-help- committee- need-f

or-clear-definition -of-the-term-“evidence- basedâ€

-in-the-american- health-choice- act-acoem- conflict- deceit-t/ )

_TOXLAW.com – FOX – Mold Sick Military Family – Will DOJ use ACOEM

again?_

(http://katysexposur e.wordpress. com/2009/ 05/30/toxlaw- com-fox-mold-

sick-military- family-will- doj-use-acoem- again/)

_ToxLaw.com – Another Sick Teacher Speaks Out Against ACOEM Mold Statement

– State Board of Health – Olympia, Washington_

(http://katysexposur e.wordpress. com/2009/ 06/09/toxlaw- com-another-

sick-teacher- speaks-out- against-acoem

-mold-statement/ )

_Chamber of Horrors – The U.S. Chamber of Commerce must be stopped. Here’

s how to do it – Eliot Spitzer_

(http://katysexposur e.wordpress. com/2009/ 10/29/chamber- of-horrors-

the-u-s-chamber- of-commerce- must-be-stopped- heres-how-

to-do-it-eliot- spitzer/)

_NAA Files Amicus Brief in Mold Case_

(http://www.naahq. org/blog/ Lists/Posts/ Post.aspx? List=9d9bf7fe- 13ea-4bf2-

b7d6-dd27c8ac453 3 & ID=118)

_Brief of Amicus Curiae National Apartment Association_

(http://katysexposure.files.wordpress.com/2009/10/naa1.pdf)

_Motion for leave to file Brief Of Amicus Curiae national Apartment

Association_ (http://katysexposur e.files.wordpres s.com/2009/ 10/naa.pdf)

_National Apartment Assn Contributors – OpenSecrets_

(http://www.opensecr ets.org/pacs/ pacgave2. php?cmte= C00113241 & cycle=2008)

_National Apartment Assn Contributions to Federal Candidates –

OpenSecrets_ (http://www.opensecr ets.org/pacs/ pacgot.php? cycle=2008 &

cmte=C00113241)

_National Apartment Assn – OpenSecrets_

(http://www.opensecr ets.org/pacs/ pac2pac.php? cycle=2008 & cmte=C00113241) –

PAC Recipients

_National Apartment Assn – OpenSecrets_

(http://www.opensecr ets.org/pacs/ lookup2.php? cycle=2008 & strID=C00113241)

– Fundraising/ Spending by Cycle

_NAA’s key note speaker for their upcoming “educational†meeting_

(http://www.naahq. org/EduConf/ news/Pages/ 2010SpeakersAnno unced.aspx)

A FEW LINKS TO THE TRUE HEALTH EFFECTS OF INDOOR MOLD TOXINS & MOLD

LITIGATION

_Video – The TRUTH about current scientific understanding of mold induced

illnesses – ConflictedScienceMo ld_

(http://katysexposur e.wordpress. com/2009/ 07/29/video- the-truth-

about-current- scientific- understanding- of-mold-induced

-illnesses-conflict edsciencemold/ )

_WHO Submission of Additional Publications Regarding Molds & Mycotoxins –

Cheryl Wisecup’s response to request by the EPA_

(http://katysexposur e.wordpress. com/2009/ 10/20/who- submission-

of-additional- publications- regarding- mold

s-mycotoxins- cheryl-wisecups- response- to-request- by-philip- jalbert-at-

the-ep

a/)

_WHO Guidelines for Indoor Air Quality – Dampness and Mold – PDF_

(http://katysexposure.files.wordpress.com/2009/07/who-2009-guidelines-dampness-a\

nd-m

old.pdf)

_WHO – Right to Healthy Indoor Air_

(http://katysexposure.files.wordpress.com/2008/10/who1.pdf)

_Logjam at CDC – School Mold Help.org request for CDC to update mold info

to correspond with that produced by the World Health Organization – July

2009 & the results of communication with Dr. L. Garbe – Chief of Air

Pollution & Respiratory Branch_

(http://katysexposur e.wordpress. com/2009/ 10/28/logjam- at-cdc-school-

mold-help- org-request- for-cdc-to- update-mold- info-to-co

rrespond-with- that-produced- by-the-world- health-organizat ion-july- 2009-the-

r

esults-of-communica tion-with- dr-paul/)

_On behalf of millions of Americans harmed by exposure to toxic mold the

following message has been sent to President Obama, all U.S. Senators,

members of the U.S. House, the Governors of all 50 states, state legislators,

state health departments, etc_

(http://katysexposur e.wordpress. com/2009/ 08/10/on- behalf-of- millions-

of-americans- harmed-by- exposure- to-toxic- mold-the- foll

owing-message- has-been- sent-to-presiden t-obama-all- u-s-senators- members-of-

t

he-u-s-house- the-governors- of-all-50- states/)

_Judge grants SSI Disability for mold-related injuries, accepting medical

testimony linking physical and cognitive impairments to mold exposure_

(http://katysexposur e.wordpress. com/2009/ 10/10/judge- has-granted-

ssi-disability- f

or-mold-related- injuries- accepting- medical-testimon y-linking- physical-

and-co

gnitive-impairments -to-mold- exposure/ )

_More mold complaints against apartment complex – Follow up to –

ville mom says apartment mold, asbestos caused son’s asthma death –

Village

of Baymeadows Apartments_

(http://katysexposur e.wordpress. com/2009/ 10/17/more- mold-complaints-

against-apartmen t-complex- follow-up- to-jacksonville- mom-s

ays-apartment- mold-asbestos- caused-son’s-asthma- death-–

-village-of- baymeadows- apartments/ )

_Arizona Jury Awards Tenant $3.3 Million for Cognitive & Physical Injuries

from Mold_

(http://katysexposur e.wordpress. com/2009/ 04/28/riverstone -residential-

check-this- out-ariz- jury-awards- tenant-33- million-for- cognitive- physica

l-injuries-from- mold/)

_2007 – Plaintiff – 1.6 Million – Court Finds Causal Link – Toxic Mold_

(http://katysexposur e.wordpress. com/2009/ 02/27/2007- plaintiff- 16-million-

cour

t-finds-causal- link-toxic- mold/)

_ToxLaw.com – VA Supreme Court has refused Drees Co.’s petition for appeal

– Meng 1.4 million judgement – construction defects led to debilitating

mold-related injuries_

(http://katysexposur e.wordpress. com/2009/ 10/29/toxlaw- com-va-supreme-

court-has- refused-drees- co-s-petition- for-appeal- meng-1-4- mil

lion-judgement- construction- defects-led- to-debilitating- mold-related-

injurie

s/)

_Video – Tenant Sickened By Mold Awarded $1 Million – Landlords Ignored

Complaints & Continued Leasing_

(http://katysexposur e.wordpress. com/2009/ 03/21/very- good-video-

tenant-sickened- by-mold-awarded- 1-million- landlords- ignore

d-complaints- continued- leasing/)

_Housing Authority Tenant Awarded $303,834 Verdict For Mold Apartment

Claims_

(http://katysexposur e.wordpress. com/2008/ 11/28/housing- authority-

tenant-awarded- 303834-verdict- for-mold- apartment- claims/)

_CA Appellate Decision – Mold Env. Hazard (unpublished) - Filed 2/4/09

v. Clarendon National Ins. CA4/3_

(http://katysexposur e.files.wordpres s.com/2009/ 02/appeal. pdf)

_Eastern District of New York Recognizes “Medical Monitoring†in a Toxic

Mold Exposure as a Cause of Action_

(http://katysexposur e.wordpress. com/2008/ 11/14/eastern- district-

of-new-york- recognizes-“medical-monitoringâ€

-as-a-cause- of-action/ )

Note – Information on Riverstone Residential knowingly exposing tenants to

extreme amounts of mold toxins at Toxic Mold Infested Jefferson Lakes

Apartments in Baton Rouge, Louisiana

_Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone

Residential_

(http://katysexposur e.wordpress. com/2009/ 08/16/documented -facts-toxic-

mold-infested- jefferson- lakes-apartments -managed- by-riverstone- residentia

l-baton-rouge- la/)

_Riverstone Residential Litigation_

(http://katysexposur e.wordpress. com/riverstone- residential- litigation/)

_Mold Inspection Reports_

(http://katysexposur e.wordpress. com/mold- inspection- reports/)

_Photos of Mold in Apartment_

(http://katysexposur e.wordpress. com/photos- of-mold-in- apt/)

_Attorney Malpractice_

(http://katysexposur e.wordpress. com/attorney- malpractice/)

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