Toxic Mold Litigation

 

CELEBRITY MOLD VICTIMS UNITE TO FIGHT FOR THOSE WHOSE VOICES ARE NEVER HEARD ! *HOME 

Q: What is toxic mold? Mold is everywhere. More than 100,000 species of mold have been identified in water-damaged buildings across the nation . Of these, over 100 mold species are known to cause a human illness/disease and or response. The most common types of mold that are known to cause a wide array of injuries include Stachybotrys, Aspergillus , Penicillium , and Tricholderma . Toxic mold exposure can cause indoor air quality problems that result in serious pulmonary, neurological, digestive and skin related illnesses. An individual's response to mold exposure can be unpredictable . While some people seem to suffer no ill effects from prolonged exposure , others become severely debilitated from only limited exposure. One's response to exposure is affected by the individual's own immunities, allergies and sensitivities. Pregnant women, children, immune-compromised people and the elderly appear to be particularly sensitive to mold exposure. Physical examinations , blood tests, allergy tests and other objective assessments provide information that may be helpful in linking exposure to mold and allergy, inflammatory or other toxic effects that may occur as a result of the exposure. Some mold exposure victims suffer from cognitive impairment secondary to toxic exposure . Neuropsychological testing is helpful to link these related symptoms to the toxins from the mold exposure. Dangers of mold Stachybotrys is getting so much attention because it produces "mycotoxins" or poisons that researchers say can seriously damage the lungs and central nervous system. However, it is only one of more than 100,000 species of mold (fungi). While most kinds of mold aren't hazardous to you if you're healthy, too much mold exposure may cause you to develop asthma or hay fever, or worsen your existing symptoms. According to the Minnesota Department of Health, when inhaled or ingested, stachybotrys can cause: Nasal and sinus congestion Cough Wheezing or other breathing difficulties Sore/hoarse throat Skin and eye irritation Upper respiratory infections, including sinus Even if mold in your house doesn't cause you any medical problems, if it becomes established in the wood in your home, "dry rot" may form. Dry rot can result in a homeowner's nightmare. When the mold dies, the wood dries and then shrinks, breaking up into irregular chunks. Cracks in the wood fiber then act like straws, siphoning up moisture and carrying it to undamaged portions of the wood. Left unchecked, this process keeps recurring, continually rotting more wood, and can cause severe structural damage to your home. The real kicker is that insurance companies typically consider mold damage a home maintenance problem. Your homeowners insurance probably won't cover mold damage - even if it is the result of a covered peril, such as a burst pipe. So it's important that you know how to spot mold damage and how to combat the fungus. Warning signs According to the Insurance Information Institute (III), homeowners should watch for: Sunken areas in baseboards or trim, or separation of the baseboard from the floor. Whitish mats under carpet, linoleum, in cabinets, or even behind furniture. "Fruit bodies," or mushroom like growths on rotten wood on the underside of flooring or a cabinet. Fruit bodies are flat, up to a half-inch thick, and a pale olive gray, brown, or black. Swelling or crumbling of plaster or Sheetrock Vine like branches from the soil to the foundations, framing, or underside of flooring. Vines are typically white, brown, or black and are called "rhizomorphs." The fungus forms these vines that connect the soil to the wood. If caught soon enough, mold can be cleaned up before extensive damage occurs. Although any visible mold can be sampled by an environmental consultant and analyzed by a laboratory, these tests are expensive. It is more important to get rid of the mold rather than spend a lot of money trying to find out more about it. The most effective way to treat mold is to correct underlying water damage and clean the affected area. Fighting the fungus Molds can be found almost anywhere moisture is present. There are molds that can grow on wood, carpet, paper, and foods. One way to inhibit mold growth is to reduce indoor humidity by: Venting bathrooms, dryers, and other moisture-generating sources to the outside Using air conditioners and dehumidifiers Increasing ventilation Using exhaust fans whenever cooking, dish washing, and cleaning You should also prevent the potential for condensation on cold surfaces by adding insulation to windows, piping, exterior walls, roof, or floors. Additionally, don't install carpeting where there is a perpetual moisture problem, such as bathrooms, or on concrete floors with leaks or frequent condensation. The III also advises: Keep your home's exterior painted. Keep flowerbeds away from exterior walls so that the soil doesn't touch your home's siding. Don't wet walls with lawn sprinklers for a long period of time. This can allow the fungus to form rhizomorphs, so even when the sprinklers are off, the decay continues. Fix plumbing leaks immediately. Don't pile wood or other debris in crawl spaces or against the sides of the house. Check your home to make sure that it is airtight. Have your home inspected if you see evidence of the fungus. Remember: The fungus is tricky. The place where you see the fungus may not be the point of origin. Killer mold is nothing to sneeze at: Could the mold lurking in your basement or growing under your bathroom sink really kill you? It could if it's "Stachybotrys," some medical experts say. Stachybotrys (pronounced "stack-e-botris") is a toxic mold that has been found in all 50 states and grows in areas that are constantly wet. Leaking roofs, leaky plumbing, sewer backups, and frequently overflowing washing machines can create environments for this dangerous (some say deadly) mold. Also visit the EPA Site For Further Information. Q: Do Victims of Toxic Mold Have Any Legal Rights? Victims of toxic mold need not wait for The California Toxic Mold Protection Act to take effect before they can recover .Civil lawsuits are currently the primary means by which victims of toxic mold can be compensated and contaminated buildings can be renovated and the contaminants removed . Personal injury lawsuits for toxic exposure can be raised in landlord-tenant litigation (by apartment dwellers or office workers ), construction defect cases (by home and condominium owners ), product liability lawsuits (against the manufacturers of water heaters, ice makers, water filter systems and other water related devices that are a common source of leaks ), real estate litigation (against sellers and / or sellers' broker who have a duty of disclosure under some circumstances ), insurance bad faith cases ( against insurers who may erroneously withhold homeowners insurance policy benefits if the mold was caused by a water leak that was covered under the policy) , nuisance actions (for sewage back flow ). Future monitoring costs may be compensable .   Q : What Should You Do If You or a Loved One Have Been Diagnosed with Mold Related Injuries? Seek the advice of an experienced attorney. The Law Offices of Scott B. Whitenack *Stubblefield are available to provide free consultation . If your case is accepted, contingency fee arrangements are available. The first step will be to identify how the moisture intruded into the building and how the moisture resulted in mold growth . It need not be a flood nor long standing pooling of water that created the mold. Expert industrial hygienists, microbiologists, building scientists, architects and /or building contractors may be hired to help establish this critical first step. Such experts may do microbial sampling to test the air and/or surface areas in the contaminated building. Preservation of contaminated personal property and photographs of contaminated areas are critical pieces of evidence that should be preserved for use in the case. The second step will be to establish how the individual was exposed to the mold growth . Occupational health physicians, allergists, paleontologists, neuropsychologist and others may have to conduct physical examinations ,blood and allergy tests to determine what allergic, respiratory, inflammatory or other toxic effects resulted from the exposure. Asthma, respiratory tract infections, gastrointestinal problems ,brain damage and cancer have all been associated with mold exposure. Q: What Kind of Damages are Recoverable in Toxic Mold Cases? The presence of toxic mold can disrupt an individual's life in many ways. Recovery may be huge even if the illnesses and /or property damages seem relatively minor. If the case can be proven, the victims of toxic mold may be able to recover some or all of the following damages: Past and future medical expenses Lost wages and loss of future earning capacity Damages for pain and suffering, mental anguish and emotional distress Evacuation/moving costs and substitute lodging Diminution in property values ( reduction in market value of the property after repairs) Cost of repairing/remediation the contaminated building Decontamination of personal property Attorney's fees ( potentially recoverable in actions against homeowners' associations and landlords) Punitive Damages ( potentially recoverable for fraudulent representations of habitability and/or in first part bad faith cases against homeowner's insurers ) According to AQS: In the U.S., about 17 million people have asthma and up to 30% of them are sensitive to molds and fungal allergens. It is estimated that "25% of airways disease and 60% of interstitial lung disease may be associated with moisture in the home or work environment" (HUD, 2001), and where there is moisture, there is most definitely mold. All molds have the potential to cause health effects such as allergic reactions, asthma, hypersensitivity pneumonitis, and other immunological effects. Molds that are known to produce mycotoxins under certain conditions include Stachybotrys chartarum, Aspergillus fumigates, Tricholderma harzianum, and Fusarium moniliforme. The U.S. Environmental Protection Agency states that "potential health concerns are an important reason to prevent mold growth and to remediate/clean up any existing indoor mold growth" (2001).

THE MOLD CONSPIRACY

PRESS RELEASES

MS. DEE'S TRIAL DOCUMENTS

Law Offices of

SCOTT B. WHITENACK * STUBBLEFIELD

*Westlake Village 805-495-6818   *Beverly Hills 310-499-4303 

*Encino 818-975-7256  *Toll Free 888-805-2620

SERVICES PROVIDED

Tribute To Belli(1907 - 1996)

 

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. We further DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. The above results DO NOT constitute a Guarantee, Warranty, Prediction Regarding the Outcome of Your Matter. Copyright © 1982-2005  NBSTV.TV  & Scott B. Whitenack * Stubblefield, Esq.  . All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.