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Monday Morning Mold August 30, 2004

Mold in the Media

August 30, 2004

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Mold Stories

-- Follow Up: Davis - Lenders do another reversal on mortgage issue (Pepperell Free Press, MA - Aug 25, 2004)

-- Hurricane Relief Workers Find Elderly People With Mold On Clothes (WFtv.com, FL - August 27, 2004)

-- Portland does own terminal mold test (Portland Maine Press Herald, ME - August 27, 2004)

-- Lawsuit alleges mold not removed - A JCC couple is seeking $1.2 million, saying a business failed to properly clean their water-damaged home. (Hampton Roads Daily Press, VA - Aug 27, 2004)

-- $49 Mil. San Benito schools mold trial begins on Monday (Harlingen Valley Morning Star, TX - Aug 27, 2004)

-- More Charley: Respiratory cases could be linked to mold (Sarasota Herald-Tribune, FL - Aug 25, 2004)

-- Mold Education: Aspergillus Fumigatus genome sequencing

-- Court Mold: Courthouse exodus nearly complete (Indianapolis Star, IN - August 27, 2004)

-- School Mold: Judge considers moving students over mold risk (Cherry Hill Courier Post, NJ - Aug 25, 2004)

-- Mold & Insurance: Helpful hints from a disaster contractor (Charlotte Sun-Herald, FL - August 27, 2004)

-- Book Review: "Toxic Mold Litigation" by Raymund C. King, MD, JD (American Bar Association, Tort Trial and Insurance Practice Section, paperback, 196 pages - $125.00)

-- Book Review (con't): "Toxic Mold Litigation" by Raymund C. King, MD, JD

-- Book Review (con't): "Toxic Mold Litigation" by Raymund C. King, MD, JD

-- New Indoor Air Quality Advisory Group Formed (Environmental News Network, CA - Aug 25, 2004)

-- BUILDING PRODUCT MANUFACTURERS WANTED FOR MOLD STUDY (BuildingOnline, CA - Aug 25, 2004)

-- For Fun: Republican Jokes

Last week was a very busy week for mold.

I also had time to read and review "Toxic Mold Litigation" by Raymund C. King, MD, JD. (Yes, I'm still working on Introductory Mycology). This week's photo is of Aspergillus fumigatus from the Akdeniz (Turkey) University website.

Follow Up: Davis - Lenders do another reversal on mortgage issue (Pepperell Free Press, MA - Aug 25, 2004)

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PEPPERELL -- "I don't know what's going to happen next," Nancy Davis said about the news she received Friday night at 5:45 p.m.. on her cell phone. An attorney for Washington Mutual bank of Jacksonville, FL told her the bank is willing to give her family a full deed in lieu of foreclosure. That would effectively wipe a their $225,889 mortgage and $21,502 worth of interest and other charges for the family's unlivable, mold-infested duplex on Shawnee Road off the books.

Two weeks prior, Davis had received a letter of foreclosure and demand for immediate payment from attorneys hired by the Federal National Mortgage Association (Fannie Mae). The letter had come on the heels of an even earlier offer from Washington Mutual to excuse the mortgage.

Hurricane Relief Workers Find Elderly People With Mold On Clothes (WFtv.com, FL - August 27, 2004)

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TALLAHASSEE, Fla. -- Relief workers are discovering disturbing examples of how Hurricane Charley is impacting some elderly people.

The workers say they're finding some senior citizens with mold growing on their clothes because they refuse to leave their storm-damaged homes.

Portland does own terminal mold test (Portland Maine Press Herald, ME - August 27, 2004)

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The city of Portland is doing its own mold testing at the International Marine Terminal. It's part of an effort to cooperate with Scotia Prince Cruises to resolve a workplace safety issue and address a federal investigation into the cruise line's exclusive contract on the Portland waterfront.

On Monday, Scotia Prince officials released a report that showed high mold counts in certain areas of the terminal on Commercial Street. Company officials moved employees out of the city-owned building that day and have been processing passengers under a tent set up in the parking lot ever since.

Lawsuit alleges mold not removed - A JCC couple is seeking $1.2 million, saying a business failed to properly clean their water-damaged home. (Hampton Roads Daily Press, VA - Aug 27, 2004)

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WILLIAMSBURG -- A family whose James City County home was contaminated by mold is suing the Charles City County business it hired to clean the place. Adelindo and Carol Fedele are seeking $1.2 million from Servpro of Williamsburg and Northern Neck Inc., a local franchise of a national company that advertises services providing cleanup and restoration of property damaged by fire or water. The Fedeles say the company failed to do its job and the house is still contaminated.

No one from the local franchise responded to a call for comment on the recently filed lawsuit that so far includes only the Fedeles' side of the story. Problems for the Fedeles began when a water hose leading to their refrigerator developed a leak while they were out of town two years ago. Water flooded their house on John Rolfe Lane, off Route 5.

$49 Mil. San Benito schools mold trial begins on Monday (Harlingen Valley Morning Star, TX - Aug 27, 2004)

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SAN BENITO - Over $49 million in damages, including potential mold claims at 11 San Benito school campuses, will be at stake at a trial set to begin Monday. A jury will hear if Honeywell International Inc. allegedly installed and mismanaged a faulty heating and cooling system at the San Benito school district from 1994 to 2001.

The litigation is a part of a larger lawsuit seeking $120 million in damages where the San Benito school district accuses Honeywell of breach of contract that it alleges led to mold problems at two of its campuses that cost over $5 million to fix, said school district attorney Rene Ramirez.

More Charley: Respiratory cases could be linked to mold (Sarasota Herald-Tribune, FL - Aug 25, 2004)

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CHARLOTTE COUNTY -- Nearly three dozen people have visited Fawcett Memorial Hospital since Thursday, complaining of breathing problems, and hospital officials suspect that mold and mildew are to blame.

Hurricane Charley's damage has allowed both to grow in many water-damaged homes, a dangerous development for residents with breathing problems. Those with serious respiratory illnesses such as asthma and emphysema should consider moving until their homes are cleaned, said infection control practitioner Melanie Hall.

Mold Education: Aspergillus Fumigatus genome sequencing

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A. fumigatus causes more infections worldwide than any other mould. Four percent of all patients dying in tertiary care hospitals in Europe have invasive aspergillosis. The fungus causes allergic deseases in asthmatics and patients suffering from cystic fibrosis. Invasive aspergillosis can occur in individuals with cavities caused by tuberculosis or other cystic lung diseases. More information about A. fumigatus can be found at the Aspergillus web site.

The Sanger Institute and its collaborators, Dr. David Denning and Dr. Andrew Brass at the University of Manchester, have been funded to carry out a pilot genomic analysis of Aspergillus fumigatus. This will involve preparing a bacterial artificial chromosome (BAC) library of A. fumigatus, to fingerprint 3000 BAC clones generating a physical map and then to sequence 10 physically linked BAC clones. A. fumigatus has an estimated genome size of 30-35 Mb. We are also funded to carry our a whole genome shotgun of A. fumigatus in collaboration with The Institute of Genome Research (TIGR). To view the progress of this project see our progress pages.

Court Mold: Courthouse exodus nearly complete (Indianapolis Star, IN - August 27, 2004)

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As Morgan County Clerk Vickie Kivett and her staff moved from their courthouse offices today, they said they were glad to be leaving. During the past month, most agencies have left the 150-year-old Morgan County Courthouse because employees were getting sick.

Kivett's staff joined workers from the county's Circuit Court, Superior Court 3, Magistrate Court and prosecutor's office, who previously moved a block away to the county's administration building. That leaves two courts -- Superior 1 and 2 -- in the courthouse. They both plan to leave by Wednesday.

School Mold: Judge considers moving students over mold risk (Cherry Hill Courier Post, NJ - Aug 25, 2004)

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A Superior Court judge will decide today whether at least a dozen students affected by mold in two township middle schools should be relocated when classes start next month. The township school board on Tuesday night voted unanimously to accept the findings of R.A. West Associates, an environmental consultant who said the levels of airborne mold spores at Chestnut Ridge and Orchard Valley middle schools are within normal limits

The board had the option of approving a plan to transfer the students to other schools. But board President Charles Earling Jr. said he and other board members were confident the schools are safe for students. In a lawsuit filed Aug. 9, a group of parents who contend the school district mishandled mold problems in the schools filed a lawsuit demanding that the district move the students before the start of school Sept. 7.

Mold & Insurance: Helpful hints from a disaster contractor (Charlotte Sun-Herald, FL - August 27, 2004)

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PUNTA GORDA -- James Hill now has his Epic Response crews working to get Fishermen's Village up and running. Hill is no stranger to helping communities rebuild after natural disasters. His Georgia-based firm has been part of five rebuilding efforts in Florida since Hurricane Andrew hit Miami and Homestead in August 1992.

"This one here has been totally different," Hill said. The Punta Gorda and Port Charlotte communities have been really impressive, Hill told a meeting of Punta Gorda business owners Friday. He described himself as being "awed" by the strength and patience of area residents as they moved forward with the rebuilding effort.

Book Review: "Toxic Mold Litigation" by Raymund C. King, MD, JD (American Bar Association, Tort Trial and Insurance Practice Section, paperback, 196 pages - $125.00)

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Sticker shock on the price of this book? $125 for a 196 page paperback book - and that count includes index pages, and a bunch of foot notes - and the book is only 6" x 9"? Before you run screaming from the price, think about this: what would you pay an attorney to draft a really good set of interrogatories (Chapter 9)?

This is a legal practice guide, written by a Otorhinolaryngologist (a medical doctor specializing in ears, noses and throats) who is also an attorney. Dr. King's book emphasizes the legal aspects of mold litigation, with only a brief - but intriguing - mention of the basic causes of mold (Chapter 1). Dr. King's discussion of Stachybotrys mentions, almost in passing, the following "One recent study isolated at least twenty-eight different strains of Stachybotrys, and noted that only three of the twenty-eight actually caused destruction of red blood cells (or hemolysis) in culture plates" (page 4). That's intriguing. Dr. King addresses some of the personal injuries caused by mold in Chapter 4.

Book Review (con't): "Toxic Mold Litigation" by Raymund C. King, MD, JD

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Dr. King wrote most of the book, with contributions from other attorneys at the Texas firm of Crowles & Thompson. Since Texas has adopted the Federal Rules of Evidence, the law cited in the book has wider application than just Texas. California, where I practice, has not adopted the Federal Rules of Evidence, but the basic concepts are adaptable.

Chapter 8, "Litigating the Toxic Mold Claim: Expert Witnesses" by Attorney Gregory J. Lensing, is one of the better explanations I have seen of the Daubert standards for the admissibility of expert testimony. Since there still are very few published decisions on mold to cite with respect to expert testimony, Mr. Lensing extrapolated from published cases on other topics. Daubert is definitely and frequently cited in California.

Book Review (con't): "Toxic Mold Litigation" by Raymund C. King, MD, JD

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Chapter 5 and Chapter 6 very briefly discuss First Party Insurance Coverage issues and Third Party Insurance Coverage issues, respectively. The book also has a discussion of federal legislation and future mold trends.

New Indoor Air Quality Advisory Group Formed (Environmental News Network, CA - Aug 25, 2004)

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Boise, ID. The International Custodial Advisors Network, Inc. (ICAN) is pleased to announce the appointment of its Executive Director Allen Rathey to the Environmental Education Foundation's Advisory Group on Indoor Air Quality, convened under a sole source contract by the U.S. Environmental Protection Agency (EPA).

The non-profit Environmental Education Foundation (EEF) is the world's largest environmental charity focus­ing on environmental, health and safety issues, with 5500-members worldwide.

BUILDING PRODUCT MANUFACTURERS WANTED FOR MOLD STUDY (BuildingOnline, CA - Aug 25, 2004)

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ATLANTA -- (PRNewswire) The GREENGUARD Environmental Institute, in conjunction with Air Quality Sciences, Inc., is calling upon manufacturers of building products and materials to participate in a one-year study measuring the ability of products to resist mold growth. The objective of the research project is to gain a better understanding of the microbial resistance properties of different materials under adverse conditions. Additionally, results from the study may lead to the development of a credible rating system that will help building professionals find appropriate products corresponding to the specific environmental conditions of their building projects.

"Mold remains a costly challenge for building professionals, owners, and managers," says Dr. Elliott Horner, Director of Laboratory Services for Air Quality Sciences, Inc. "Establishing a framework of microbial resistance among comparable building materials will help to address this challenge and provide valuable information to manufacturers regarding their products' performance."

For Fun: Republican Jokes

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In honor of the upcoming Republican convention -- (and since I did the same kind of thing for the Democratic convention) here's a link to a Republican joke site.

Here are a few of my favorites:

Contact Information

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email: cmulvihill@cmsynergy.com

phone: 626-358-7471

web: http://www.cmsynergy.com/California/California%20Law%20Firms/cynthia_coulter_mulvihill.htm