Exclusion of plaintiffs from medical exams draws fire

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Exclusion of plaintiffs from medical exams draws fire

By Angeles Negrete Lares

The Brownsville Herald

Parents at Aiken Elementary and Besteiro Middle schools are up in arms over

an announcement that plaintiffs in a civil lawsuit regarding mold at the

schools would be excluded from medical tests for reactions to mold exposure.

Cameron County officials confirmed Thursday that plaintiffs in the suit

against the architect, engineers, air conditioning contractor and general

contractor of the schools will not have access to county-funded testing.

County officials have not produced any solid plans for the proposed program,

except to say it would be county-run and county-funded and available only to

those not involved in the suit.

The decision means hundreds of teachers, school staff and children that are

part of the suit will have to seek medical attention elsewhere.

Parents expressed frustration and disappointment at the news.

" The truth is that Valley Interfaith decided to exclude the people who are

in the lawsuit, in return for future services that the county might give

them, " alleged Angel Castillo, who has three children attending Aiken.

" This is not right. They took us to meetings in Mc, to speak with

candidates and only now do they tell us that they won't be able to help us, "

he said. " Why didn't they tell us before now? "

Castillo said he was upset even though his family would qualify for the

county-provided services.

" I am not part of the lawsuit and I feel betrayed and used by this

organization, " he said.

There is another option. Testing was scheduled to begin at South Texas

Health Care Systems in Harlingen, a state-funded facility, in March. Fees

for the test would be income-based and would require only that the patient

register with the clinic.

Those plans have been put on hold, pending the designation of a consultant

to oversee the program.

Meanwhile, leaders and officials on both sides of the issue gave a different

version of who actually made the decision to exclude plaintiffs from the

proposed county program.

Plaintiff's attorney Zavaletta said that during a meeting on April 3,

County Judge Gilberto Hinojosa and Valley Interfaith leaders explained " that

in order to protect the independence and the integrity of the testing they

were in the process to setting up, they didn't feel it appropriate that my

existing clients be allowed to participate in that testing.

" The reason they (Valley Interfaith and Cameron County officials) gave me is

that they felt that since those folks are already in litigation, they have

other avenues to pursue (for testing), " he said.

The lawsuit was filed in November in state District Court in Brownsville,

claiming students and others at the schools are suffering health problems

because of chronic mold problems at the two schools. BISD was not named as a

defendant.

The adjacent schools are closed while they are being cleaned of mold.

The suit alleges the plaintiffs - now numbering 600-plus - have been

" exposed to inordinately high levels of toxic mold for lengthy periods of

time " and are now afflicted with " sick building syndrome. "

However, Zavaletta said " my clients simply can't wait for testing to begin -

they need medical attention immediately. "

Montoya, a Valley Interfaith leader, said the community advocacy

group met with the county judge and agreed that those involved in the

lawsuit would have to meet with their attorney to determine what process to

take to secure medical attention.

" The suggestion to do this came from Judge Hinojosa directly, since they saw

that the people in the lawsuit could obtain medical benefits through that,

and those who were not part of the lawsuit could use the services that

Cameron County could provide through the Health Department, " Montoya said.

Hinojosa, however, said the decision came from an agreement by Valley

Interfaith, the county and Zavaletta.

" Valley Interfaith and the attorney are in agreement that the people who are

in the lawsuit will not receive the medical benefits provided by the county,

since the attorney is making arrangements for his clients to receive this

attention, " Hinojosa said.

He said the county services would be for the people who attended or worked

in the schools, but are not party to the suit.

Meanwhile, Rev. Alfonso Guevara, pastor at Christ the King Catholic Church

and a Valley Interfaith leader, sought to reassure parents when he said that

" No one will be left out. "

" We haven't made a final decision, " he said. " We are only in discussions

with Zavaletta and authorities with the county dealing with where else

to provide medical exams for the people who have been exposed to mold.

" There has been no final decision and no one has been excluded. Our wish is

that efforts will be made so that every person receives the necessary

attention. "

Cameron County officials also want Dr. to return to the Rio

Grande Valley and examine the children, or to seek another specialist in

Texas who can do so, Hinojosa said.

is medical director of the Center for Immune, Environmental and

Toxic Disorders.

The Houston-based doctor specializes in treating the effects of mold

exposure. He came in February to speak at a public forum on the topic.

Zavaletta said he has talked with four area doctors about providing the

exams for the plaintiffs.

" Many of my clients don't have an established physician, have no insurance,

Medicaid or otherwise an ability to pay for these doctors' services. I refer

those folks to physicians here in town, who of course are happy to accept

the patient " Zavaletta said.

" All I ask in return from those physicians is that they don't bill the

patient until the case is over with. "