Need IAQ Expert Witness for ADA Lawsuit

[Guest guest]

My story will sound familiar to all who suffer from sick buildings. I

have filed a lawsuit under the Americans with Disabilities Act

because my employer refused to accommodate my occupational asthma.We

go to trial soon and I need help from sickbuilding list members to

find an expert IAQ witness (and doctor).

After working for four years in a very old and very sick building I

developed occupational asthma, fibromyalgia, and multiple chemical

sensitivities. Sound familiar? The employere, t he City of Norfolk

(Virginia) hasa refused to acknowledge that the 95 year old

rennovated building had problems despite leaky roofs for years,

standing water in the basement, IAQ tests showing mold, and major

dust problems. Demolition and cocnstruction dust of nearly building

sites was routinely sucked into the building through the fresh air

intakes. On-site rock crushing activities sent clouds of dust into

the air for months at a time and white dust rained on our heads from

the overhead vents. You could clean off the desk,leave for coffee and

return and write your name on the desk in the dust.At the same time

the HVAC maintenance and cleaning was haphazard to say the leas.

I developed breathing problems, sinusitis, bronchitis, fibromyalgia

and finally occupational asthma. After one severe asthma attack, I

left the building to go home sick and was found unconscious in the

parking lot. While awaiting the paramedics I stopped breathing.

Asthma has been confirmed by allergist and pulmonologist.

The medical community in Virginia is very " conservative " . Neither my

allergist nor my rheumatologist " believe " in multiple chemical

sensitivity and don't see a connection between environmental

irritants and my fibromyalgia. Even Dr. Clifford of s

Hopkins doesn't see the connection.But they do agree that there are

environmental triggers for asthma.

Well, I refused to go back i nto that old building, requested

accommodatioins under ADA (I had t ried three times previously to be

moved out of that building). I was moved finally to a " safe " six year

old building with good cleaning and understanding housekeeping staff.

I did OK for ten months. Still ha asthma, still had to be careful of

triggers, b ut c ould work and breathe at t he same time.

But the story goes on.In the fall of 2000 I was moved once again into

a brand new building, with brand new drywall, furniture,and an HVAC

system from hell. After bloody noses, asthma a ttacks and a major

flareup of fibromyalgia I requested accommodations again under the

American with Disabilities Act. My doctors all insisted that I could

continue to work, WITH ACCOMMODATIONS.

The City of Norfolk performed an IAQ screening test which showed only

moderate Volatile Organic Compounds (VOCs) near the copy machine

where they wanted me located, and said I could move within the

building, but not out of the building.Temperatures frequently went

into the 80s with no fresh air when the HVAC shut down. The remote

monitoring system for the HVAC wasan't working, but the City wasn't

budging.They said I wasn't disabled and since their " test " showed VOC

level that would not affect " normal " people, there wasn't a problem.

No accommodadtions, no move and eventually no job.

I filed the EEOC charge of discrimination, waited the 180 days for

a " right to sue " letter, and finally found a lawyer to represent me.

Federal judges in Virginia have little patience with ADA and have

sided with the employer in every case during the lasat several years

(at least according to my lawyer).

Armour declined to be our expert witness since he focused on

mold and the new building doesn't have mold. (I understand ) and

he recommended we find an IAQ expert in multiple chemical

sensistivities. However, Virginia courts, and Virginia doctors don't

recognize MCS, and the City is already shoveling documents to dispute

the existence of MCS. Asthma is recognized however.

I was made sick by a sick building, and now I am so sensitive my life

is filled with avoidance of asthma triggers. There is lots of

information from EPA, CDC, OSHA etc on the effects of new building

off-gassing on asthmatics. But I need an expert to tell that side of

the story.

Can someone help me. We need to find help very soon. The court

schedule is ticking. I can be reached on the web at

abbysmith3@...