Archive for January 2007
Interview with lawyer David Pfeffer of Arent Fox
January 31, 2007, 9:27 amThis is a great interview from GlobeSt.com with a lawyer who does a lot of work around mold litigation.
If the upside of Green Building is such trophies as Manhattan’s Hearst Tower, the downside has got to be the dysfunctional environment, the space that fails to support proper health, well-being and productivity. David J. Pfeffer is a partner in the New York City-based law firm of Arent Fox, and his practice focuses largely on the construction industry, wherein he represents owners, design professionals and developers. Pfeffer says that with tens of thousands of mold-related cases out there, the issue is quite literally nothing to sneeze at, and the solution–uniform legislation based on scientific proof of a link between mold and health–is still far off. But he does have a fix for owners who want to protect themselves, and in an exclusive interview, he lays it out for us.
GlobeSt.com: What does it take to become an expert on mold?
Pfeffer: Well, it really takes the joining of several practices of law. When we’re talking about mold and mold-claim issues, we’re really looking at several different legal issues. One is personal-injury issues and how to handle someone claiming that they’ve become sick from mold. Number two is property-damage issues and what happens when someone says their property has been damaged because they have some sort of mold or water-infiltration. Number three is insurance. Mold and water-infiltration claims are really hot topics in the insurance arena, and there’s a lot of insurance language written into most property and casualty policies concerning this.
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(posted in the legal, Resources category)
Mold, Ice-Damns, and Insurance Claims
January 30, 2007, 9:21 amThis is an interesting analysis from Tulsaworld.com regarding the mold that may arise from water damage stemming from an impromptu ice-damn. Here’s a quote:
The bugaboo here is mold. Residential structural mold is becoming a big deal in Tulsa now — just like it was in Texas in the 1990s, said Vaughan. Although some environmental scientists contend that mold in the environment is no big thing — that we are all exposed to it on a daily basis, Vaughan says mold in the home environment is a “very serious health and insurance issue.”
“There ARE two points of belief about it,” he said, “one being ‘It’s harmless, it’s not going to hurt you,’ and the other: ‘It can be absolutely deadly to people with asthma and other respiratory illnesses.’ This is the problem with ice-damming and moisture invasion — it causes mold to grow in household surfaces that have heretofore been dry and not producing mold spores.”
He said insurance companies aren’t likely to deny ice-dam claims due to “failure to show due-diligence,” but warns against automatically turning in an ice-dam meltwater-invasion claim or especially a mold claim. The insurance industry keeps track of mold and water-damage claims — thanks to the beating it took in Texas. Your insurer might pay off on your claim but it could make selling your home more difficult or make it impossible to rebid your homeowner’s insurance. “If at all possible, it would be cheaper to pay for mold-mitigation yourself than to have a mold claim on your record,” Vaughan said.
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(posted in the Resources, News category)
Wall Street Journal Uncovers Medical Association’s Alleged Conflicts of Interest — Advocacy Groups Call for Senate Investigation
January 30, 2007, 9:00 amAdvocacy groups say they applied mathematical calculations to make the leap that human illness could not plausibly occur if one is exposed indoors. The leaders of ACOEM put their imprimatur on the statement. The insurance industry and its surrogates have since brandished it like the biblical jawbone of an ass. Advocacy Groups see this as an abuse of political clout and power that has harmed US Citizens.
Washington, DC (PRWEB) January 29, 2007 — After years of working together to enlighten the public of the serious illnesses caused by mold, advocacy groups are thankful to the Wall Street Journal for bringing the matter to greater light. Upon completing a six month investigation, veteran Wall Street Journal reporter, David Armstrong, wrote of the leaders of the American College of Occupational and Environmental Medicine, ACOEM, permitting a litigation defense corporation, Veritox Inc (aka GlobalTox Inc) to author the association’s policy paper regarding mold induced illnesses. The two Veritox authors were not prior members of the physician trade association. They are not physicians.
The Wall Street Journal article, Page One, January 9, 2007. “Amid Mold Suits, Experts Wear Two Hats” may be read at: online.wsj.com/article_print/SB116831654647871083.html -or-
www.ciphi.ca/forum/viewtopic.php?p=6500&sid=000cd0970ddb9be8716b84ba3baf8f9c
The American College of Occupational and Environmental Medicine mold policy paper is at the heart of the contention over the Toxic Mold Issue. The paper claims to prove humans could not plausibly be exposed to enough mold toxins within a damp indoor environment to cause symptoms of ill health. “Highly unlikely at best, even among the most vulnerable of subpopulations” is what the non-physician authors wrote.
As referenced by the WSJ, to make this key finding, the authors borrowed data from one rodent study in which mold was forced into the trachea of rats. They then applied calculations to make the leap that human illness could not plausibly occur if one is exposed indoors. The leaders of ACOEM put their imprimatur on the statement. The insurance industry and its surrogates have since brandished it like the biblical jawbone of an ass. The finding carries much weight within the courts as it is portrayed to be the opinion of thousands of environmental physicians.
But the EPA and the Institute of Medicine, Damp Indoor Spaces Committee, have both identified the technique used by ACOEM to make the key conclusion, as non-acceptable methodology for determining existence or absence of human illness from indoor mold toxin exposure. The finding represents an affront to anyone with rudimentary logic skills. It is a complete non sequitur, where the premise does not support the conclusion.
Since the ACOEM mold paper’s publication in November of 2002, it has saved worker’s compensation insurers, property insurers, general liability insurers and building stakeholders, hundreds and hundreds of millions of dollars. Insurance industry surrogates - the paid witnesses - including some ACOEM members themselves - and the lawyers, have earned millions in fees. Of more importance, the sick receive no medical treatment and no compensation for devastated lives and financial ruin.
(more…)
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(posted in the legal, Resources, News category)
Mold Problems at the Peachtree City Police Department
January 23, 2007, 12:16 pmPolice stations similar to Fire Halls are also now starting to deal with mold infestation in their buildings. It’s a costly hassle that comes on top of already strained budgets. Here’s a story from the Fayette Daily News about a police station in Peachtree City:
High levels of humidity and mold have been major problems in the building, according to officials, and have been a major issue of concern with Chief Murray.
A study in July showed “the Peachtree City Police Department has elevated relative humidity, which has caused mold growth, wall damage and other problems…
“Conduct additional testing to determine the source/nature of the groundwater beneath the building…”
That report was issued after samples were taken by Eagle Indoor Air forwarded to the Environmental Science Corp for testing.
According to city officials, the samples were taken from seven different sections inside the Police Department headquarters on Hwy 74 South.
Another air sample was taken outside the building as a baseline for comparison.
At that time, the city issued a press release that said test results indicated that total mold spores present inside the building ranged from a low count of 253 to a high count of 2,507 among the seven samples. The total mold spore count outside the building was 16,399, according to the report.
In the report summary by Eagle Indoor Air, it was stated that “while ambient air sampling did not indicate particularly high levels of airborne mold spores, mold is present inside the building.
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(posted in the News category)
Mold Removed From Fire Station
January 23, 2007, 12:08 pmThere are countless fire halls that were built without mold prevention in mind. As they age, the problems that arise from mold infestation are starting to emerge. Here’s a story about a fire hall in Massachusetts that had to deal with mold problems:
Firefighters have moved back into the fire station after an extensive mold-removal operation forced them to take shelter in a trailer. During the removal process, workers found significantly more mold in the firefighters’ living quarters than was originally anticipated. The discovery of the extra mold illustrates how pertinent it was to do the removal, said Fire Chief Michael Walker.
“When they tore down the bathroom wall, they found it extended from the kitchen to the stove and behind the sink,” said Walker. “It was gross-looking, and the firefighters were sleeping among that stuff.”
At least one firefighter came down with a skin rash that a physician diagnosed as an allergic reaction to mold exposure. The firefighter missed three weeks of work due to the rash, said Walker.
Walker also suspects that respiratory problems several other firefighters complained about before the mold removal were also directly linked to the mold.
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(posted in the News category)
Family helped after mold invades home
January 22, 2007, 10:51 pmThe devastating impact of mold can be underestimated, especially in terms of introducing unanticipated costs. This is a heart warming story about a family that was able to get out of a really unhealthy situation:
The inspector found the inside of the apartment walls and the air-conditioning vents covered with mold.
“It was disgusting,” Burks said. “He (the inspector) said my son absolutely could not come back to that apartment.”
Burks was told the only way to remove the mold was to tear down the walls, something the apartment complex managers were not willing to do.
“The landlady said, ‘I don’t know what to tell you,’” Burks remembered. “I said, ‘What do you mean you don’t know what to tell me? My rent’s always on time.’”
Unable to come up with the rent and security deposit to move, Burks sought help from Jewish Family & Children’s Service of Sarasota-Manatee, which participates in the Season of Sharing emergency financial assistance program.
“It wasn’t like she couldn’t afford her housing, it was just that she couldn’t afford to move,” said Jamil Collins, coordinator of JFCS’s Building Strong Families Program.
Jewish Services, which never asked Burks about her religious affiliation, put her in touch with a Realtor, who showed her several homes until she found one she wanted.
Burks was able to contribute $1,200 toward rent and a security deposit, while JFCS and the Salvation Army paid the additional move-in expenses of $1,600.
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(posted in the News category)
Tips for Home Buyers
January 9, 2007, 8:03 amI recently came across an interesting website/network called Active Rain. It’s focused primarily on real estate, and related issues, and has a blogger network that provides expertise, advice, and general info for potential home owners. In particular I came across a post by Wayne and Lynda Gomillion concerning Tips for Home Buyers. Explicitly they warn about doing a proper inspection, that explicitly looks for the presence of mold:
INTERIOR - INCLUDING BASEMENT
- Inspect the plumbing to determine the type - copper, plastic or galvanized. Look for corrosion and/or leaks. Check the flow from sinks, showers and toilets. Plug drains and fill basins with several inches of water, then unplug to determine if drainpipes are blocked.
- Test the oven’s bake and broiler elements and all stove burners.
- Open and close all windows and doors.
- Check the main shutoff valve and temperature setting of water heaters. The temperature should be set between warm and hot. Run a faucet that is far away from the heater to see if water turns hot within a minute or so.
- Check wood for pests. Termites will leave their droppings below an infested area. Wood boring beetles will leave many small circles in the wood. Fungus will make wood appear white. For suspicious areas, poke gently with screwdriver to determine the condition of wood. If the screwdriver sinks in easily, pest and/or mold infestation is likely.
- Notice any unusual odors such as gas or sewage. This is the first sign of leaky lines.
- Turn on AC or heat on arrival and run entire time you’re there. (The heater may smell from first being turned on because dust is being burned off the coils.)
- Look at all ceilings and around fascia for stains, which indicate water has made an entrance from outside.
- Walk over all floors to check for softness and/or squeaking. Go in basement and check sub flooring from below.
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(posted in the Resources category)
No relief for allergy sufferers out East
January 9, 2007, 7:57 amThe weather so far this winter has been bizarre, and quite demonstrative of the increase in global warming. It’s of no surprise therefore to find this has an effect on mold, which in turn has an effect on allergies. Here’s an article from the Albuquerque Tribune:
TRENTON, N.J — The unseasonably warm weather along the East Coast has flooded some doctors’ offices with patients suffering from an unusual ailment this time of year: allergies.
Doctors say this winter’s weather has sparked an onslaught of mold spores that cause allergies and fluctuating temperatures that irritate already-suffering nasal passages. Many patients may confuse an allergic reaction with a common cold.
“The phone is ringing off the hook - it’s incredible,” said Clifford Bassett, vice chairman in charge of public education of the American Academy of Allergy, Asthma and Immunology, who has a practice in Manhattan.
“It’s an explosion of people who are realizing that they may have allergies,” Bassett said. “Typically, January and February are quiet times in most allergists’ offices.”
Mold spores that grow outdoors would normally die off during a cold snap or be covered with snow. But in warm weather mold spores continue to grow and spread. Throwing open the windows to enjoy the weather makes things worse: The mold spores waltz inside.
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(posted in the News category)
Pegasus Acquires Worldwide Marketing Rights to Effective Biological-Concept Mold Remove System
January 8, 2007, 9:52 pmPALM BEACH GARDENS, FL — (MARKET WIRE) — January 08, 2007 — Pegasus Pharmaceuticals (PINKSHEETS: PGUZ) today announced that it has acquired the worldwide marketing rights to an innovative new biological product called the Mold Remove System, which has recently completed a series of rigorous independent laboratory tests during 2006.The control and elimination of mold has become a multi-billion-dollar market worldwide. Molds consist of such fungi as Aspergillus sp., Cladosporium sp., Fusarium sp., Penicillum sp. and others. One of the most frequently cited fungi is Stachybotrys Chartarum, commonly known as black mold. Often referred to as mildew, molds are a subset of fungi that produce fluffy or powdery growth on surfaces such as cloth, carpets, leather, wood, sheetrock, insulation and even food. They may grow at high levels indoors in homes or buildings under ideal conditions which include moisture, proper nutrients, temperature and certain levels of light. Toxic black mold can cause severe health problems including allergic reactions, headaches, skin disease, fungal infections, sinus problems, asthma and a litany of other human diseases that are now being connected to molds.
Pegasus’ new product, the Mold Remove System (MRS), is based on a new biological concept which controls the mold spores and prevents their growth. It is a multi-component mold control system which removes black mold infestation, cleans and disinfects surfaces and has long-lasting effects on the prevention of future mold growth. MRS consists of a unique combination of non-toxic, biodegradable ingredients. Other mold prevention products on the market involve chemically aggressive, hazardous and harmful compounds which are only temporarily effective. Pegasus’ Mold Remove System is a new generation biological system which is not harmful to humans. It may be utilized safely in any home, school, hospital or commercial environment without any specific precautions.
The Company’s MRS product performed extremely well in a series of rigorous independent laboratory tests, the most recent being performed by ECA Inc., a preeminent testing laboratory based in San Diego, California. ECA tested the product on two pieces of drywall material. Both were treated with black mold consisting of Stachybotrys Chartarum, Aspergillus sp. and Penicillum sp. Both surfaces were kept in high humidity conditions of 80-90% at +4 degrees Centigrade. After initial growth of black mold, one of the surfaces was treated with MRS. Both treated and untreated surfaces were observed for a period of sixty days. The untreated surface exhibited typical mold growth, which spread to approximately 80% of the surface. The Mold Remove System was effective in black mold cleaning, as well as its growth. After sixty days of the experiment, no mold growth was observed on the treated drywall surface. The product demonstrated 100% efficiency against growth of the black mold fungi. MRS has effectively shown that not only does it clean and disinfect surfaces, but that it kills all fungi cells and black mold spores while preventing future spore growth.
Pegasus is now implementing an integrated marketing campaign in North America and Europe for the introduction of its Mold Remove System featuring its safe, easy-to-use application, its ability to prevent future mold growth and the fact that it is environmentally friendly.
For more information, please contact Paul Davey, Investor Services at (778) 389-0915 (Canada). Email: paul@pegasusbiosciences.com, or Daniel P. Kesonen, Chairman and CEO of Pegasus Pharmaceuticals Inc., Palm Beach, Florida at (561) 626-9901. Details of the Company’s new mold product will be posted on the corporate website: www.pegasusbiosciences.com as soon as details become available.
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(posted in the Resources category)
Mold Not Covered By Most Insurance Companies
January 2, 2007, 7:39 pmUnfortunately this is not an uncommon tale. A woman in central South Carolina is in the midst of a major mold problem and is not finding any help from her insurance company. It will take time and awareness to change this situation for everyone. Here’s a quote from the story:
A Blythewood woman says mold is growing inside her home, but her insurance policy does not cover mold removal.
“I didn’t know that anything was going wrong,” explained Frona Haddad, who says a plumber spotted mold growing underneath her home while fixing a burst pipe.
Haddad, who has limited mobility due to multiple sclerosis, says she began to notice mold growing inside her closet, black spots on her carpet, weak floor boards and an unusual cough coming from her cats. “Then I started to cough and sneeze,” said Haddad. “My voice was getting deeper, and I didn’t know what to do.”
Haddad says she filed a claim with Allstate; however, an agent informed her that mold was not covered under her policy. Haddad, who relies on a disability check, says she cannot afford to pay for the mold to be removed from her home.
“It’s important to realize that there are some things—they are few and far in between—that are not covered by the homeowner’s policy,” explained Larry Lucas, a State Farm Insurance Agent. “Mold, mildew, rot and long-term damage have always been excluded.”
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(posted in the legal, News category)