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Monday Morning Mold November 2, 2004

Mold in the Media

November 2, 2004

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Mold Stories

-- Nancy Davis Follow-Up: Good news for owners of Pepperell mold house (Lowell Sun, MA - Oct 27, 2004)

-- Riverside Jury Returns Defense Verdict in Mold Bodily Injury Trial; Plaintiff Faces Cost Bill After Loss (Yahoo News - Nov 1, 2004)

-- Couple who owns mold-infested house supports Ammendment 34 (Summit Daily News, CO - Nov 1, 2004)

-- Charley, Frances, Jeanne & Ivan Follow-Up: Woman faces felony charge - She's accused of repair overcharges (The News-Press, FL - Nov 1, 2004)

-- Hungary bans paprika after mold found (Seattle Times, WA - Oct 28, 2004)

-- Date for kidney transplant set: Framingham man gets gift of life from unrelated donor (Daily News Tribune, United States - Oct 31, 2004)

-- Mold Education: Aflatoxins (Cornell University)

-- Court Mold: Mold sprouting in some of the most unexpected places (Valencia County News Bulletin, NM - Oct 30, 2004)

-- School Mold: Mold leads to sudent illness - University pays $130 for hospital bills; hall council donates $20 (Ball State Daily News, IN - Oct 28, 2004)

-- Mold & Insurance: Political notes - A look at mold (Allston-Brighton TAB, United States - Oct 29, 2004)

-- Mold Litigation: Mold Plaintiffs Subject to Home Inspection (Mondaq News Alerts, World - Oct 29, 2004)

-- Mold & Technology: Microban International Growth Recognized by Deloitte; Second Year For ``Fast 50'' Accolade (Business Wire, CA - Nov 1, 2004)

-- Mold Seminars: FREE - Hear The Latest About New Treatments for Allergic Asthma and What They Mean To You From Noted Expert Robert Hyzy, M.D., University of Michigan Health System, Presented By HealthTalk(R) (PR Newswire - Nov 1, 2004)

-- Mold Seminars: FREE -- Meritage Homes to Present at UBS' Building & Building Products CEO Investor Conference (Finanzen.net, Germany - Nov 1, 2004)

-- For Fun: Adventures in George W. Bushspeak - Updated Frequently

-- For Fun (in alphabetical order): Best John Kerry Jokes

Dear C,

This edition of Monday Morning Mold is going out on Tuesday, November 2, 2004, so that you have one last reminder to vote - just in case you didn't get one of the many calls I got last night. I don't mean to brag, but Governor Schwarzenegger called me himself. Twice. Now I'm worried that The Terminator is stalking me through voice mail. As usual, Monday Morning Mold is endorsing voting, but not any particular candidates or issues.

This week's photo is Aspergillus flavus, which produces aflatoxins (see the "Hungary Paprika" article and "Mold Education). The photo is from the www.aflatoxin.info website.

Nancy Davis Follow-Up: Good news for owners of Pepperell mold house (Lowell Sun, MA - Oct 27, 2004)

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PEPPERELL Home lenders Fannie Mae and Washington Mutual have apparently agreed to charge off the remaining balance on a local family's mortgage after their home became unlivable because of mold infestation.

Nancy Davis told The Sun she plans to sign today a "quit claim" deed that effectively eliminates the $227,905 mortgage balance on her home at 20 Shawnee Road.

Riverside Jury Returns Defense Verdict in Mold Bodily Injury Trial; Plaintiff Faces Cost Bill After Loss (Yahoo News - Nov 1, 2004)

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RIVERSIDE, Calif., Nov. 1 /PRNewswire/ -- A Riverside County jury returned a defense verdict in a closely watched case involving claims of bodily injury from exposure to mold in a single family home located in Menifee, California. Jury deliberations were less than 25 minutes according to trial lawyers Victoria Ersoff and Gregory Amundson with the law firm of Wood, Smith, Henning & Berman (www.wshblaw.com) which represented the defendant developer and homebuilder.

Only the second case nationally to proceed to verdict against a homebuilder involving claims that mold in the home resulted in bodily injury, industry observers are buoyed by the verdict and what many believe is a developing trend of defeating this genre of claim.

Couple who owns mold-infested house supports Ammendment 34 (Summit Daily News, CO - Nov 1, 2004)

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SILVERTHORNE - When Sheryl DeGenering moved into her four bedroom, 3,700-square-foot home in Willowbrook with her husband Michael, she furnished it with care, hung pictures and enjoyed relaxing baths in the sunken jet tub under a huge picture window with views to Keystone's ski slopes.

Her dream home would soon turn into a nightmare when, within a few months, Michael started getting sick and within a year the couple would discover the place was infested with mold.

Charley, Frances, Jeanne & Ivan Follow-Up: Woman faces felony charge - She's accused of repair overcharges (The News-Press, FL - Nov 1, 2004)

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A Bradenton woman faces a felony charge for allegedly defrauding a Punta Gorda couple by charging more than three times the price she should have to remove wet carpeting from their hurricane- damaged home.

Angie Mell Linzy, 51, is charged with organized scheme to defraud, a third-degree felony, Commissioner Charles H. Bronson of the Florida Agriculture and Consumer Services Department said Monday.

Hungary bans paprika after mold found (Seattle Times, WA - Oct 28, 2004)

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BUDAPEST, Hungary - Hungary banned the sale of its signature spice, paprika, yesterday and told people not to use whatever supplies they had at home after more than a pinch of moldy toxin was found in products sold by three companies.

Health officials found that products distributed by three of the country's largest paprika companies contained more aflatoxin than permitted by law. Aflatoxin can damage the human liver and the immune system and may cause cancer. [MMM Editor's Note: Aflatoxins are mycotoxins produced by Aspergillus flavus.

Date for kidney transplant set: Framingham man gets gift of life from unrelated donor (Daily News Tribune, United States - Oct 31, 2004)

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FRAMINGHAM -- Just when it seemed frustration and anxiety were getting the best of them, a Framingham family received the news they have been waiting for that will save one man's life.

Halstead learned he had kidney disease 10 years ago after a severe bout of flu left him with IGA nethropathy. Though the renal disease had little effect on the avid biker, it took a sudden turn for the worse last year after toxic mold was found in the Halstead home after a pipe burst. The family lived in a hotel for eight months, which led to finding one of the women who volunteered a kidney.

Mold Education: Aflatoxins (Cornell University)

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Aflatoxins are toxic metabolites produced by certain fungi in/on foods and feeds . They are probably the best known and most intensively researched mycotoxins in the world. Aflatoxins have been associated with various diseases, such as aflatoxicosis, in livestock, domestic animals and humans throughout the world. The occurence of aflatoxins is influenced by certain environmental factors; hence the extent of contamination will vary with geographic location, agricultural and agronomic practices, and the susceptibility of commodities to fungal invasion during preharvest, storage, and/or processing periods.

Aflatoxins have received greater attention than any other mycotoxins because of their demonstrated potent carcinogenic effect in susceptible laboratory animals and their acute toxicological effects in humans. As it is realized that absolute safety is never achieved , many countries have attempted to limit exposure to aflatoxins by imposing regulatory limits on commodities intended for use as food and feed.

Court Mold: Mold sprouting in some of the most unexpected places (Valencia County News Bulletin, NM - Oct 30, 2004)

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Belen The hail and rainstorm that battered Belen on Oct. 5 was the last straw for the leaking roof of the state office building at Becker and Fifth Street.

Human Service Department employees have experienced a musty smell from the water leaks before when it rained, but now the smell of mold is worse and the problem has expanded from a roofing job to the task of removing mold, which are both scheduled to be done soon.

School Mold: Mold leads to sudent illness - University pays $130 for hospital bills; hall council donates $20 (Ball State Daily News, IN - Oct 28, 2004)

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An independent testing company is scheduled to perform air-quality sampling tests today after a steam pipe leak resulted in mold growth in a in LaFollette Complex residence hall room. The room's two residents were hospitalized earlier this week for illnesses resulting from the mold.

Megan Diaz and Teya Enerson, freshmen roommates on the fifth floor of Brayton-Clevenger Hall, went to Ball Memorial Hospital Monday evening after mold was discovered on the back of their dresser and the wall behind it. Diaz, who suffers from mold allergies and asthma, was treated for sinusitis and an upper respiratory infection, and Enerson was treated for sinusitis and a headache, Diaz said. Both were released early Tuesday morning.

Mold & Insurance: Political notes - A look at mold (Allston-Brighton TAB, United States - Oct 29, 2004)

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Councilor Maura A. Hennigan joined the U.S. House of Representatives as well as various local and national organizations in a public awareness campaign by calling for a hearing on the ill effects of indoor mold. Although indoor mold is sometimes invisible to the naked eye, the potential health effects and symptoms associated with mold exposures are very visible and include, but are not limited to, allergic reactions, asthma and other respiratory complaints.

Hennigan's call for a hearing on the issue corresponds with legislation, H.R. 1268, introduced by Congressman John Conyers Jr. of Michigan, which is being considered on the national level by the U.S. House of Representatives. The bill, otherwise known as the U.S. Toxic Mold Safety and Protection Act or "The Melina Bill," would generate guidelines for preventing indoor mold growth; establish standards for removing mold when it does grow; provide grants for mold removal in public buildings; authorize tax credits for inspection and/or remediation of mold hazards; and create a national insurance program to protect homeowners from catastrophic losses.

Mold Litigation: Mold Plaintiffs Subject to Home Inspection (Mondaq News Alerts, World - Oct 29, 2004)

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In an opinion released in May 2004 called Hauser v. Volusia County Department of Corrections, 872 So.2d 987 (Fla. 1st DCA 2004), a Florida appellate court held that when a claimant alleges that he has suffered from toxic mold exposure at work the defense is entitled to inspect the claimant's home for the presence of mold.

In Hauser, the trial court granted the employer/carrier's motion to compel inspection of the claimants' homes by certified industrial hygienists. The requested discovery was described in the motion to compel as follows: "Consultant will take photographs, as necessary, collect air and dust samples from various locations within and outside the home, observe the ventilation system and collect environmental data. He will need approximately five to six hours in each claimants home." Id. at 989.

Mold & Technology: Microban International Growth Recognized by Deloitte; Second Year For ``Fast 50'' Accolade (Business Wire, CA - Nov 1, 2004)

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NEW YORK--(BUSINESS WIRE)--Nov. 1, 2004-- Microban International, Ltd., a global leader in built-in antimicrobial product solutions, was named one of the fastest growing North American technology companies by Deloitte & Touche LLP. This is the second year Microban International has been recognized in Deloitte's prestigious Technology Fast 50 Program for New York -- a ranking of the 50 fastest growing technology companies in the area. Rankings are based on the percentage of growth in fiscal year revenues over five years, from 1999-2003.

"To rank on the Deloitte Technology Fast 50, companies must have phenomenal revenue growth over five years. Microban International has proven to be one of the fast-growth success stories in New York, and we applaud their success and vision," said Ed Moran, Deloitte's Director of New Product Innovation and Leader, Nanotechnology Industry Practice.

Mold Seminars: FREE - Hear The Latest About New Treatments for Allergic Asthma and What They Mean To You From Noted Expert Robert Hyzy, M.D., University of Michigan Health System, Presented By HealthTalk(R) (PR Newswire - Nov 1, 2004)

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SEATTLE, Nov. 1 /PRNewswire/ -- What: HealthTalk(R) presents a free educational forum entitled, "Your Next Breath ... Advances in Asthma" which provide sufferers of moderate-to-severe asthma and caregivers the opportunity to ask questions and discuss new advancements in the treatment of allergic asthma with a panel of experts.

Allergic asthma is an immune response resulting in the constriction of the airways, often triggered by an allergen, such as mold or dust mites, or when the immune system is challenged by viral disease, such as the common cold. Many asthmatics medicate themselves with over-the- counter remedies or are prescribed short acting reliever medications that open the passages to the lungs but do not address the underlying inflammation of the airways.

Mold Seminars: FREE -- Meritage Homes to Present at UBS' Building & Building Products CEO Investor Conference (Finanzen.net, Germany - Nov 1, 2004)

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DALLAS & SCOTTSDALE, Ariz.--(BUSINESS WIRE)-- Nov. 1, 2004--Meritage Homes Corp. (NYSE: MTH). John Landon, co-chairman and chief executive officer, and Larry Seay, chief financial officer, of Meritage Homes Corp. will speak on Wednesday, Nov. 3, 2004, to the investment community via live audio webcast at the UBS Building & Building Products CEO Investor Conference in New York City. The company's presentation is scheduled for 8:30 a.m. EST.

Interested investors can access a live audio webcast of the presentation through the Meritage Homes Web site, http://www.meritagehomes.com, by clicking on "Investor Relations," then "Calendar of Events," and selecting the UBS Conference link. Presentation slides will be available on this page as supporting materials, and an archived version of the webcast will also be available.

For Fun: Adventures in George W. Bushspeak - Updated Frequently

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For Fun (in alphabetical order): Best John Kerry Jokes

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Monday Morning Mold Archives

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·  Hyde Mulvihill APC

·  Monday Morning Mold Archives - 2004

·  Monday Morning Mold Archives - 2003

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