Mold misery goes to court

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Mold misery goes to court

Simone Sommer replaces a warning at her home. Because of toxic mold, she

can't go in.

Staff Photo By Rottet

By RICHARD STRADLING, Staff Writer

Simone Sommer knew she had a problem when she went to get a pair of her

son's shoes out of a closet in their Greensboro home and found them covered

with fuzzy blue-green mold.

" They were like what cream cheese looks like after you leave it out a few

days, " Sommer said.

The extent of the problem, though, became clear only when a contractor cut

through the back wall of the closet to reveal a mat of black, slimy mold,

the result of a water heater leak Sommer fixed months earlier. She and her

14-year-old son, Josh, blame the mold for a series of ailments, including

nosebleeds, headaches and asthma. Driven from their home, they are suing

their insurance company for allowing the mold to spread, causing as much as

$250,000 in damage.

The tumult over toxic mold, which has made headlines across the country, has

arrived in North Carolina. Some say the handful of cases surfacing in the

state signal a new health crisis that may already afflict thousands. Others

say they'll lead to unwarranted hysteria that will enrich a handful of

lawyers and their clients.

Mold in the walls between new $300,000 townhouses in North Raleigh's Brier

Creek forced the builder, Toll Brothers, to begin ripping out and replacing

the walls this month.

A group of Triangle lawyers who have banded together to represent mold

victims has received 1,000 calls from prospective clients across the state

in the past year. In one of their cases, a Watauga County man is suing

General Motors, claiming that mold in his Cadillac SUV coated his sinuses

and made him sick.

State health officials field 40 to 50 calls a week from people worried about

mold in their homes, said Ron Howell, an industrial hygienist with the state

Division of Public Health. " It's a real hot topic, " Howell said.

Companies that sell homeowners insurance have watched mold claims and

lawsuits mushroom nationally and have begun to limit mold coverage in North

Carolina. The industry persuaded state Insurance Commissioner Jim Long to

cap homeowner's insurance coverage for mold at $5,000, and only if the cause

of the mold is also covered. Meanwhile, home builders fear that they'll

increasingly be forced to pay for costly repairs when mold crops up.

The mold scare has blown up so fast that homeowners often don't know how to

respond.

To tell or not to tell?

Townhouse owners in Brier Creek are torn about whether to talk publicly

about what may lurk in their walls, for fear their homes will lose value.

According to city building permits, Toll Brothers is spending an estimated

$100,000 to fix 10 townhouses in a section where it has sold about 35.

" We've decided to let Toll answer the questions, only because we're trying

to protect our investments, " said townhouse owner Kearney.

Toll Brothers isn't eager for publicity, either. Officials at Brier Creek

referred questions to company headquarters outside Philadelphia, which

issued a one-sentence statement: " When the company became aware of a

problem, we acted quickly and diligently to address it and to minimize the

inconvenience for our clients. "

But mold has turned a few homeowners into activists, including Sommer, a

family physician with a master's in public health. She has begun to speak

out about what she considers the insurance industry's betrayal of its

customers and to offer advice to other homeowners who think they have a mold

problem.

" The prevalence of this problem, in my opinion, is greater than stucco,

asbestos, radon and lead combined, " she said. " If someone has indoor

plumbing, someone has a potential problem with mold. "

Mold is everywhere.

Scientists have found more than 1,000 different varieties inside U.S. homes,

including those that grow in bathtubs and refrigerators without harming most

people.

Mold thrives with moisture and " food, " such as wood, paper or stale bread.

It can hide in walls, under carpets and in crawl spaces -- anywhere a leaky

pipe or other source of moisture gets it started.

Like other fungi, such as mushrooms, molds reproduce by releasing

microscopic spores into the air. The spores can produce symptoms resembling

hay fever in people with allergies, bring on asthma attacks and cause

respiratory infections in those with weakened immune systems.

Bane in schools

Teachers and students at Wake County and Chapel Hill-Carrboro schools blamed

mold for a rash of allergies and other respiratory problems in recent years.

Both districts had to spend millions of dollars tracking down and fixing

leaky pipes and roofs.

No one knows for sure why mold has suddenly become such a big deal. Some say

today's more tightly built homes trap moisture and mold spores that feed on

the cellulose in wallboard and other building materials. Others say people

have become more aware of indoor air quality and are starting to make

connections between mold and illness.

Still others blame scary news stories and opportunistic lawyers.

" There is this very aggressive trial bar that wants to make this their next

moneymaking line of litigation, " said P.J. Crowley, vice president of the

Insurance Information Institute, a New York-based organization sponsored by

the insurance industry.

Most attention falls on toxic molds, such as stachybotrys and aspergillus,

that release toxins into the air along with the spores. Some believe toxins

from molds cause nosebleeds, memory loss, disorientation and other

neurological problems, but the U.S. Centers for Disease Control and

Prevention caution that there's no proof yet.

There is good circumstantial evidence, though, said Eugene Cole, a professor

of environmental health and infectious disease at Brigham Young University

and a former researcher at the Research Triangle Institute. Years of

experience with farmers and other workers exposed to mold toxins in corn and

other crops shows that they do make people sick. Scientists lack ironclad

proof, Cole said, " because we can't experiment with human beings. "

Uncertainty about mold's health effects hasn't prevented some high-profile

lawsuits.

Television personality Ed McMahon sued his insurance company for $20 million

this spring, claiming that mold in his Beverly Hills home made him sick and

killed his dog. Brockovich, the environmental crusader portrayed by

in the movie about her, sued the builder of her Los

Angeles-area home over mold. But the case that frightens insurance companies

the most originated in Dripping Springs, Texas, where a leaky pipe spawned a

mold infestation in the walls of Melinda Ballard's 22-room mansion. Ballard

sued her insurance company for not responding to the water damage and won

$32 million.

Pressing for a response

" My house is literally falling down, " said Ballard, who moved out. " Once the

appeals are resolved, we'll have to bulldoze it. "

Like Sommer, Ballard has become a crusader, pressing government and insurers

to protect homeowners from mold. She has testified before Congress and

founded a group called Policyholders of America, which as of last February

identified nearly 16,000 mold-related insurance claims nationwide since

1999, including about 500 in North Carolina.

Neither the state nor the insurance industry tracks mold-related claims in

North Carolina. But insurers here look with alarm to Texas, which has seen a

flood of mold claims in part because insurance policies in the state cover

damage caused by slow leaks that isn't covered elsewhere. Mold has cost

Texas insurers more than $1 billion over the last two years, according to

industry estimates.

" We see some trends countrywide, " said Ray , general manager for the

N.C. Rate Board, a nonprofit association that represents the insurance

industry. " Mold claims have gone from a somewhat sporadic occurrence to, by

some accounts, as much as $150 million a month. "

and the rate board sought the new rate cap in North Carolina. Without

it, he said, insurers would have to raise rates to cover mold claims.

, a Raleigh lawyer who specializes in mold cases, counters

that the cap is unfair to homeowners. " It's something that can be

financially devastating for a family, " she said. " That's why people have

bought homeowners insurance. "

is pursuing three mold cases now, including two in the Triangle that

she says she can't talk about yet. She says her firm, Duffus and Melvin, has

to be choosy, because mold cases require expensive tests and expert

testimony from scientists and doctors that the firm must pay for if the case

is a loser. " A bad mold case could ruin a firm, " she said.

But predicts the number of mold lawsuits will grow.

" People are starting to make the connection, " she said. " They know it's a

problem. Mold does not kill people, but it can make your life miserable. "

WHAT YOU NEED TO KNOW ABOUT MOLD

What is mold?

Mold consists of fungi that grow in moist places, out of direct sunlight.

They reproduce by releasing microscopic spores which are found everywhere.

More than 1,000 types of mold have been found in U.S. homes.

What health problems does mold cause?

Most mold is harmless to most people. Mold spores cause hay fever symptoms

in people with allergies and can cause respiratory infections in people with

weakened immune systems. The spores also can bring on asthma attacks in

people who already have it.

What about toxic mold?

Under some conditions, some mold releases microscopic toxins that have been

linked to a host of ailments, such as dizziness, nosebleeds, memory loss and

headaches. Scientists don't agree on whether mold produces enough of these

toxins to make people sick.

How much mold is harmful?

No one knows how much mold will make someone sick. People are likely to

respond differently to mold. Neither the state nor federal government

regulates mold, but Congress is considering a bill that would require

federal agencies to identify harmful mold strains and determine how much

people can safely breathe.

How can you tell if you've got a mold problem?

Mold growing on walls, shoes and other surfaces is an obvious sign. A musty

smell may indicate mold hidden in walls, crawl spaces or carpets. Mold is

likely any place that is damp or has been damaged by water.

Should I have my home tested for mold?

If the mold is obvious, testing may not be necessary. The state public

health department has information on hiring mold consultants and contractors

at http://www.epi.state.nc.us/epi/oii/mold/consultant.html.

How do you get rid of mold?

Scrub mold off hard surfaces with bleach and water and dry completely; then

eliminate the moisture that caused the mold to grow. Moldy porous materials,

such as carpet, ceiling tiles and wallboard, may need to be discarded.

People should avoid breathing in mold or mold spores. The U.S. Environmental

Protection Agency has more information on cleaning mold at

http://www.epa.gov/iaq/molds/moldguide.html

How do you prevent mold from growing in the first place?

Prevent moisture. Fix leaking pipes and clean up water spills. Make sure

gutters and air-conditioning drain lines remain clear. Keep indoor humidity

low (between 30 and 50 percent) by using air conditioners and dehumidifiers

as needed, using vent fans in bathrooms, kitchens and laundry rooms and

opening windows when possible.

Source: U.S. Environmental Protection Agency, U.s. Centers For Disease

Control And Prevention, N.C. Division Of Public Health.

Staff writer Stradling can be reached at 829-4739 or

rstradli@....