Mold suits seek millions in damages

[Guest guest]

Mold suits seek millions in damages

Published 10:13pm Monday, September 20, 2010

http://www.suffolknewsherald.com/2010/09/20/mold-suits-seek-millions-in-damages/

Suffolk Public Schools is facing new allegations of mold in the schools.

The parents of an elementary school student who formerly attended Southwestern

Elementary School are requesting $7.85 million in damages after their son

suffered numerous symptoms ailments that, the suit alleges, were diagnosed as a

reaction to mold.

Meanwhile, a former fourth-grade teacher has renewed a lawsuit she originally

filed last year alleging she suffered severe symptoms of mold allergy while

employed at Booker T. Washington Elementary School.

Both cases were filed Monday in Suffolk Circuit Court. Both suits claim that

school administrators knew of the conditions, performed tests improperly and did

nothing to fix the problems.

In the Southwestern case, the boy — whose identity the Suffolk News-Herald is

withholding because of his age — allegedly has suffered numerous medical

problems since starting kindergarten at the school.

As a result, the suit claims, he " is believed to have suffered permanent immune

system and cognitive injury, " as well as educational setbacks. His frequent

episodes of vomiting in class also drew teasing from classmates, and his mother

nearly lost her job, because she had to pick him up from school so often, the

suit claims.

Before beginning classes in 2007, the boy had no unusual medical problems, the

suit claims. Then, in his first day of school at Southwestern, he began vomiting

and had to be sent home.

After staying at home for 48 hours at the suggestion of school personnel, the

boy vomited again in his first day back, and was kept at home for the rest of

the week and weekend. Both times, the suit claims, the child was fine while at

home.

Returning to school the following Monday, the child seemed well for a few days.

" Then began a period of illness for the child, including sinus infections, skin

rashes, watery eyes, ear infections and repeated vomiting and coughing, " the

suit claims.

The child's mother took him to several doctors and specialists, who diagnosed

him with various infections and prescribed a multitude of antibiotics, ointments

and other treatments. One even tried to heal the boy's rash with " cryosurgery, "

a freezing technique that is meant to seal wounds and kill bacteria. The

procedure failed.

During his year of kindergarten, according to the suit, the boy's ailments

cleared up during holiday breaks and over the summer. He was eventually moved to

the back of the room after beginning to endure teasing from classmates about his

frequent vomiting. His new seat enabled him to " run directly to the bathroom

across the hall to vomit, " the suit says.

Despite a recommendation to send him to summer school to make up the work he'd

missed, his mother did not do so after beginning to suspect that mold in the

school was the cause of her son's problems.

When he returned to school in first grade, the infections, vomiting and skin

rashes returned. According to the suit, his " constant scratching left his

clothing covered in blood. " The boy also stopped eating during the school day

for fear of vomiting, the suit claims.

After being told by the building caretaker that mold was a problem at the

school, the child's mother demanded that tests be done on her son's classroom.

The child told his mother that workers replaced sink parts and carpet and

cleaned cabinets in his classroom, and she witnessed a massive cleaning effort

unfolding in the school during a visit one day.

Samples were collected shortly after the cleaning, according to the suit. The

tests showed lower mold levels inside the building than outside.

Tests on the boy came back positive for allergic responses to molds, dust mites

and dog saliva. Eventually, the child and his sister were transferred to

Hillpoint Elementary School on March 15. However, the " plaintiff faces future

long-term medical treatment, " the suit says.

Accusing the School Board and building management executives in Suffolk Public

Schools of concealing facts and willfully or negligently manipulating tests, the

suit seeks $7.5 million in compensatory damages and $350,000 in punitive

damages.

In addition, former Booker T. Washington teacher Cristina Hood has re-filed her

suit against the School Board. Like Southwestern, the suit says, BTW is prone to

water damage, moisture intrusion and other problems. After beginning her job in

2007, Hood developed itchy and irritated eyes, a " welting rash " and other

problems. Her physician diagnosed her with sinusitis and bronchitis, among other

things.

Earlier that year, an independent industrial hygienist reported that the school

had elevated levels of moisture in the floor slab.

Hood is seeking $1.5 million in damages.

[Guest guest]

I pray these people win their claims so that schools will finally take mold

seriously. Mold is also a special problem in libraries, for obvious reasons (in

older historical societies, the condition of the archives + poor HVAC + old

buildings; in newer libraries, an HVAC system shuts down briefly, mold

proliferates, feeding on paper). I wanted to be a librarian at one point, but

felt precluded by all my exposures, even though all of my skills and experience

make me uniquely qualified to go back to school, get my ALA master's, and work

happily with books and people.