Guest guest Posted June 26, 2002 Report Share Posted June 26, 2002 A personal story by Walter Following is an update of my story I posted August of 2001. It will be published this summer in " Ecologic News, " a publication of 'Heal of Southern Arizona,' as well as submitted to various other MCS publications: I am 52 years old and have battled Multiple Chemical Sensitivities (MCS) for sixteen years. It began with a strep throat infection that ultimately led to having my tonsils out at age 36. In retrospect, I believe my initial overdose exposure was related to mold that I'd been unknowingly breathing for a year in the Birmingham, Alabama basement apartment where I was living. When I moved from that apartment and removed clothing from the bedroom closet, I discovered the walls caked with mold. I also grew up around the farmlands of the Yakima Valley in Washington State, an area that is heavy with pesticides. My MCS symptoms vary. They include chronic fatigue, fibromyalgia, depression, and also problems with the digestive track. Exposure to fragrances is the worst, but other fumes, solvents and chemicals also make me react. When exposed, I immediately experience an increase in the chronic pain on my right side and right chest. I have been through years of medical testing, with doctors minimizing symptoms and refusing to listen. I sought help from anyone who was willing to lend an ear. I have tried every possible cure: antibiotics, colonics, fasting, juice fasting, exercise regimes, meditation, psychotherapy, group therapy, support groups, family therapy, chiropractic, chi gong, acupuncture, anti-yeast diets, fit-for-life diets, protein diets, macrobiotic diets, Huggins diagnostics, removal of mercury amalgam fillings, and extraction of root canal teeth. I've also tried supplements, organic foods, purified water, medical specialists, naturopaths, dentists, and doctors of oriental medicine. I still suffer from MCS. The only way I can get any real physical relief is by avoidance, which is almost impossible if you have to make a living. In 1999 at the age of 48 and twelve years into my struggle with MCS, I was diagnosed with stage III colon cancer. The tumor was so advanced that the cancer had spread into my lymph system. This was after years of consulting gastroenterologists who had never bothered to do a colonoscopy; they were satisfied to prescribe anti-anxiety and anti-depressant medications for Irritable Bowel Syndrome. After cancer surgery, chemotherapy, and three years in remission, I am not only fighting for relief of MCS symptoms, I am literally fighting for my life. I need to avoid ongoing exposure to toxins in order to support an immune system that will keep my body cancer-free. For most of the sixteen-year battle with MCS, I've been a marriage and family therapist in private practice. After chemotherapy I became so ill that I had to stop working. During the year 2000 I lived in the Cascade Mountains near Mt. Rainier, resting and trying to regain my health. I applied for Social Security Disability Insurance (SSDI), but was denied and didn't have the energy to appeal. By the end of 2000, feeling much better and nearly broke after a year off work, I started up a private practice. I found myself once again battling with clients and colleagues about fragrances. Early in 2001, the director of a hospice program in Northern California offered me a position as bereavement coordinator. Having been given a written assurance of an odor-free work environment, I was filled with hope. Feeling a sense of " calling, " I uprooted my life in Washington and moved to California in March of last year to take this job with Hospice of Humboldt. To my dismay and shock, I arrived my first day of work only to find that nothing had been done to provide me with a safe work environment. I was bombarded by scents from candles in the offices and fragrances worn by the staff. Lysol sprays were used in the rest rooms across the hall from the office that I shared with other people. It became apparent that the staff had neither been informed nor educated about my MCS prior to my arrival making it incumbent upon me to inform them and make arrangements for my own accommodation. Moreover, I was told emphatically by administrators, who had apparently intimidated the director, that staff members had the right to use their fragrances. In my shock I went into denial, believing that I could overcome these obstacles and make it work; that I was not so sensitive anymore after living a year in the mountain air. Surely this staff of Hospice workers would come to understand my dilemma and accommodate me. However, within two months my health began to decline and I began to fear there was no saving grace; that I was encompassed by a work environment in which it was becoming impossible to survive. By the middle of July, three and a half months into my new job, I had to take medical leave, driven out by co-workers who refused to give up their fragrances. My health declined to a point near that of post chemotherapy, back to digestive track problems, chronic fatigue, chronic pain, and depression. Now I am climbing out of the hole once again, but this time aware more than ever that I am fighting for my life. I'm no longer in denial. For the first time I'm beginning to stand up for myself, and in the process, fighting for everyone who suffers from MCS. I began learning about accommodation rights under the Americans with Disabilities Act (ADA), found an employment law attorney and, as a person disabled by MCS, I filed a claim last August with the United States Equal Employment Opportunities Commission (EEOC) against Hospice of Humboldt. At the same time I began re-applying for SSDI with the solid support of an M.D. and also filed a Worker's Compensation claim. These processes were extremely difficult for me as I became so hypersensitive to everything. The poor air quality of the Northern California coast where I was living was more toxic than I could ever have imagined and eventually, in November, I returned to the clean air of the Cascade Mountains of Washington State where I continue now to live attempting to regain my health. Having little hope in the Worker's Comp claim and unable to find a supportive attorney in that arena, I gave it up and kept my focus on Social Security and the ADA claim. My M.D. in California, along with an M.D. Environmental Illness specialist in the Seattle area and my M.D. in Washington all began to network on my behalf regarding SSDI. In March of this year I received my award letter from the Social Security Administration deeming me permanently disabled and giving me a review date in five to seven years which is indicative of cases they perceive as unlikely rehabilitative. The relief I have felt about this, no longer having to fight the Social Security battle, has allowed me now to focus primarily on my healing as well as my ADA claim against Hospice. Extensive and exhaustive attempts have been made to settle this matter with Hospice before resorting to litigation yet Hospice repeatedly rejected these efforts, refusing to participate in good faith settlement discussions, expecting that I would not have the stamina to actually sue them. This resistance catapulted both myself and my attorney into renewed resolve to see this case through, my attorney now willing to litigate on a contingency basis. Just recently the EEOC provided my attorney with a " right to sue " letter and I am now going forward with a lawsuit against hospice. This lawsuit claims " disability discrimination " by Hospice under both the ADA and the California Fair Employment and Housing Act, as well as " breach of contract, " " negligent misrepresentation, " and " fraud. " If I win this lawsuit, it could have a far-reaching impact on the MCS community. No doubt the disability discrimination aspect of the case will be the most difficult; however the other facets of breach, negligence, and fraud are grounded on numerous documents of communication between myself and Hospice over a period of months prior to my ever agreeing to accept the position. Last year I shared much of this story online with many in the MCS community. With gratitude, I received considerable emotional support as well as helpful networking suggestions. This story is being written to let people know I am still out here and I continue to remain open and receptive to input based on your experiences dealing with anything in my story. Please feel free to forward, copy, distribute, and/or print this story in other publications. I am also contemplating writing to key figures in the mass media in hopes of getting some of them to listen to and expose our plights. I recently wrote to Bill Moyers of PBS who has done some amazing stories on end of life care, the environment, and the chemical industry. I'm asking him now to take a look at the real people -- the " canaries in the mines " -- who are struggling with an illness that has far reaching impact on the rest of the human race. While my attorney is representing me on a contingency basis, I am still responsible for " costs " which could run into several thousands of dollars. I cannot do this without help and am humbly seeking support from the MCS community, my family and friends for donations large or small. If I win this lawsuit, all donations will be returned, so be sure to include your name, address, and phone number indicating that your donation is on behalf of " J. Walter v. Hospice of Humboldt, et al, U.S. District Court for Northern California, Case No. C 02 2413 JCS. " Funds can be made out to: " Sher Attorney Trust Account " and mailed to: Sher, Attorney at Law 215 W. Standley St., Ste. 11 Ukiah, CA 95482 Telephone: (707) 463-1196 Fax: (707) 462-6258 Email: ssher@... Walter can be contacted at: 560 Jefferson Rd. Naches WA 98937. Telephone: (509) 658-2116 Email: ponder.river@... Quote Link to comment Share on other sites More sharing options...
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