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Re: Re: AAEM News: Minner v Am Mortgage [SBS, MCS, Daubert,...

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I don't understand this thread. This is a case from 2000, right? Why is

it being discussed now? And..I disagree with this statement:

" My other point is the smoking aspect. It does not help you prevail if you

are a smoker filing a claim. Ever. It probably should not defeat a claim,

but does not show the court that you are very " health conscious " with good

personal habits, even if a building truly makes you sick. You really weaken

your case. "

Other than social bias, if someone smoked prior to becoming ill from a sick

building and they were perfectly healthy prior to the exposure; they

continued to smoke while getting treatment to address illness from a sick

building and they got better - then the evidence would indicate that smoking is

ruled out as a cause of illness as it was a constant thru out a case that

did not impact the change in health status.

I would surmise that if someone was a smoker prior to become ill from a

sick building, and they quit smoking while getting better then that could

cause the defense to be able to cast doubt as to the causation of illness being

the building; as the getting better occurred at the same time someone quit

smoking. And casting doubt by providing other possible reasons for

illness is the name of game in toxic torts. That, a character assassination.

But I still don't understand: Why is this case from 2000 being discussed

now?

Sharon

In a message dated 5/30/2010 9:36:15 A.M. Pacific Daylight Time,

ginloi@... writes:

My other point is the smoking aspect. It does not help you prevail if you

are a smoker filing a claim. Ever. It probably should not defeat a claim,

but does not show the court that you are very " health conscious " with good

personal habits, even if a building truly makes you sick. You really weaken

your case.

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good for you 1111

In a message dated 5/30/2010 7:56:32 P.M. Eastern Daylight Time,

jeaninem660@... writes:

I agree with Sharon, smoking has nothing to do with toxic mold exposure

from a WDB. I smoked before,during and after, while I DID

get much better, while practiceing advoidance after my WDB exposure.

evertything is about dose people. and to a point, genetics.

DOSE! and truefully, the dose of a room full of cigerette smoke still

would not even hold a candle to a dose of mycotoxins.

there really still to this day is not actual proof that cigerettes causes

lung cancer, you would have to know just exactly what else that person

breathed through out their lifetime. not possable.

who says they didn't breath other toxins at work or home.

being around a offending smell and haveing a MCS reaction to a toxin is

too different things.

not every smell that offends you with even haveing MCS is going to cause a

MCS reaction.

I didn't quit smokeing after my exposure just because of the main purpose

to show that it has nothing to do with it.

I garentee you that in our toxic world, I can make a list of things that

you breath every day that can harm you more. things that everybody breaths.

it's just plain stupied that smokeing has been

consintrated on as the big killer, when theres oh so many more toxic

things in our world that we should be worring about.

lets use our brains here. I know people who have lived to be 100, smokeing

up a storm. I know others who never smoked and worked around toxins in

their environment, that died from cancer at 60.

if smoking was a toxic to us as everyone is made to think, we would need

toxic mold to cause our illness cause it cigerettes would have caused it a

long time ago now wouldn't it.

show me someone that got MCS from smokeing!

show me someone that got TE from smoking!

get real. if I had a quarter for everytime someone was dignosed with

cancer from smokeing without any thought to anything else they may have gotten

that cancer from, I'd probably be rich by now.

god damn, what about alcohol? I'd say that next to many prescription

drugs, alcohol is probably the most toxic, legal drug in our world.

duh? more brain washing anyone?

to even say that being a non smoker shows your a health nut while your

liveing in a large city (for example) and breath more toxins in the

outside air than you would get from smokeing a pack of cigeretttes everyday, is

just stupied.

go take a run in the park in new york and claim to be a health nut.

I take the country and my cigerettes over that any day.

say I dont smoke, I just work 8 hours a day in a store full of formagahide

and flame retardant emmitted from the products in that store all day.

say I dont smoke, I just work all day in a nasty ass hospital and am sick

everytime I turn around. I dare ya.

say, I didn't smoke, I just lived in a town where the water was toxic and

ruined my health but I'm a heath nut because I didn't smoke.

oh, there is so much more to worry about out there.

who could possably say in this day and age that I dont smoke so I'm a

health nut, I just live eat and breath other toxins in my world every day.

I'm a health nut, I just live on this prescribed drug, dont ask me what

all it's got in it, cause I dont really know, but a doctor prescribed it so

it must be good for me.

just wait until the goverment desides to tax and legalize that horrable

marjawana and it turns from a horritable drug to just another legal drug. but

how when it has been such a horrable thing for such a long time? and damn,

you inhale it too. wheres all the MCS'ERS that got sick because of

smokeing maryjane?

wheres all the lung cancer patients from smokeing maryjane?

say,I never smoked, I just worked to clean up after 9/11 or just happened

to live within a few miles of that. gee, I'm dieing now because of

breathing that air, but hey, I was not a smoker!

you want me to go on?

the most ignorant thing I've seen is towns that have banded smoking,

but totally ignore their toxic mold buildings and auto pollution and nasty

ass carpet in sick hospitals where people need clean air the most.

I smoke cigerettes, no problem. but I cant go to a doctors office without

the waiting rooms and the nasty carpet in them makeing me sicker than hell.

I smoke cigerettes, no problem, but the smoke from a wood stove or trash

burning makes me very ill and gee, I cant even walk a few blocks without

something, car pollution, trash burning, or something makeing me so ill I can

hardly walk to get back home.

I would be perfectly welling to show anyone that I can smoke a cig and

have no effects, than walk into a sick building, like a nasty ass court room

and wont even be able to talk because of the effects it has on me.

say, I'm a health nut, but I wear perfume, live in a house full of plug in

air freshners and eat food I by at the drive through and meat I bye from

the store everyday.

now in weighing the doses out of everything I'm exposed to on a daily

bases, how could I possable claim to be a health nut in any way, shape or

form, just because I dont smoke.?

any judge that is stupied enough to believe that, probably has no clue to

what he's exposeing himself too everyday while he set's in that sick court

house, and I dont want that judge on my case.

and, I'd say that a hudge percent of court houses are sick buildings, I

know the one in my town is.

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