Weakley County/School Board Mold Lawsuit

[Guest guest]

,

We are all very pleased to see you receive a sizable settlement that comes

without confidentiality. That helps us all to send a message to the

schools that they need to take it seriously when children and teachers complain

of ill health from moldy buildings. We all know that the money is not the

important part. Our families' health and safety is. But money is the

language they understand and your family has sent them a clear message. Thanks

for hanging in there and fighting thru.

Sharon

In a message dated 2/22/2010 6:44:23 P.M. Pacific Standard Time,

julesyost@... writes:

Thank you Sharon for sharing this information on Sickbuildings and all

that you do as a mold warrior. Thank you K.C. for your listening ear in the

past and for your hard work with Sickbuildings. Thank you Sue Brinchman,

Director of School Mold Help for what you do for others and the time you give

to School Mold Help (Sue, please feel free to post this on School Mold

Help). I want to thank attorneys Larry Parrish and Amber of Memphis

TN for their hard work in my personal battle for my son.

[Guest guest]

Mold lawsuits conclude for W.C. School Board

By: Bates, News Editor

Posted: Thursday, February 18, 2010 12:11 pm

In

a move that ended the battle between two ex-Weakley County families and

the Weakley County School Board, 27th Judicial District Circuit Court

Judge Acree on Wednesday signed off on an order that finalizes

a lawsuit settlement between the three entities.

The battle was waged in 2007 when the mother of a former Westview High

School student Joost lodged a lawsuit at the Weakley County Board

of Education for negligence.

The Joost family claimed toxic mold found within the public school had

caused their son Caleb’s health to deteriorate. Carol Hinman filed a

second lawsuit, mother of Pochop, who was also a student at

WHS. Hinman’s suit sought an injunction to close the public school

until Westview was rid of toxic mold.

Acree ordered the Weakley County School Board to begin extensive remediation at

the school last summer.

During a mediation between the two families and the WCSB held in

Memphis in January, a tentative agreement was reached that would allot

the Joost family $500,000 and the Hinman-Pochop family $150,000 in

damages.

The issue was brought before the county’s school board on Monday for

approval. The board approved the agreement and sent the issue to the

county’s Health, Education and Economic (HEED) Development Committee as

well as the Finance, Ways and Means Committee.

With unanimous approval from both committees, the issue of a nearly

$695,000 budget transfer was sent to the county commission Tuesday

evening. There was no discussion by county commission members on the

resolution that would allow a budget transfer within the General

Purpose School Fund to settle the pair of lawsuits.

Memphis attorney Larry Parrish told The Press after the commission

meeting adjourned, Acree’s signature on the orders would end the

lawsuit actions between the two families he represents and the Weakley

County School Board.

“We’re glad that it’s happened. We appreciate the fact that the county

commission and the school board have scheduled special sessions to

accomplish that.

“We think that this compromise is one that is dictated by the

circumstances. The cost to everybody to continue this fairly

prohibitive. We would liked to have a final resolution as far as the

liability is concerned. The practicalities of all things considered it

is a good settlement,†Parrish commented.

“The only thing we’re really disappointed in is that the word seems to

be spreading that this is all about allergies and asthma, and it is

really not about any asthma or any allergies. This is a fungal

infection that is permanent and virtually destroyed the immune system

of Caleb Joost and has injured others,†Parrish explained.

“The problem with this condition is that it is sort of the silent

killer. It may not destroy your immune system has it has Caleb Joost,

but you may be walking around with a half an immune system and not even

recognize it. It is a serious problem. It is a nation-wide problem and

it’s unfortunate that this unfolded in Weakley County,â€

“There were opportunities to avoid this back in 1998 when there was a

recommendation to solve this problem with a $1.1 million amount and not

having taken advantage of that, we have a multi-million dollar cost

plus the cost of the health of at least three or four people that we

know of. But we’re thankful to have it over with and appreciate the

spirited cooperation in the mediation,†Parrish added.

When asked about Caleb Joost’s health, Parrish painted a life-long

picture for the now-college-aged son of and Joost.

“Caleb is doing fine right now and that is a good thing. He has to stay

away from any mold at all. Any exposure that would not effect a normal

person could send him in convulsions, so he has to be very careful

about where he can be.

“But he’s able to play baseball, he’s pursuing that career. He’s doing

fine in college. The condition that he is in now you never know when

it’s going to progress. The prognosis for this kind of condition

increases the chance of brain cancer and other kinds of cancer.

“Animal studies indicate that … you won’t live out your full life span.

Those are things that he has to look to the future for and be very

careful about. He appreciates every day in a new way than he did

before,†Parrish noted.

The settlement includes the two families dismissing all claims against

the Weakley County School Board. Acree’s order to have Westview High

School remediated of mold awaits a final third-party inspection.

Once the final third-party inspection of Westview High School meets

Acree’s approval, the case will be dismissed, according to Parrish.

WCP 2.18.10