Allergy and Immunology News

STEVE R. JONES, Employee, Plaintiff, v. STEVE JONES AUTO GROUP, Employer, and UNIVERSAL UNDERWRITERS GROUP, Carrier, Defendants. Court of Appeals of North Carolina. Filed November 3, 2009

Dr. Thornton opined that Plaintiff’s prolonged exposure to the combination of stachybotrys, aspergillus, and penicillium “perpetuated and established in [Plaintiff] an immunologic state that perpetuated a very serious illness” and that Plaintiff’s symptoms and problems “were significantly aggravated if not caused completely” by his exposure to mold in the workplace. Dr. Thornton explained that while “there is not a specific medical test that would clearly demonstrate definitively” that Plaintiff’s exposure to mold caused his illness, based on “the constellation of . . . [Plaintiff's] symptoms, the time course of their onset, [and Plaintiff's] response to therapy[,]” he felt strongly that Plaintiff’s illness was caused by his exposure to mold in his workplace. Thus, contrary to Defendants’ contention, Dr. Thornton’s opinion is not based solely “on the temporal relationship between discovery of mold [in] [P]laintiff’s office and the onset of [P]laintiff’s symptoms.”

We conclude that the testimony of Dr. Thornton and Dr. Kussin is competent evidence to support the Commission’s findings of fact that Plaintiff’s exposure to mold at his place of work caused his illness. This Court is thus bound by these findings. Gilberto, 152 N.C. App. at 118, 566 S.E.2d at 792.

Political Action Committee – NAA – files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry

The NAA amicus to the courts of why the apartment owner/insurer should not be held responsible for these deaths cites to a paper that was paid for by a think-tank, the Manhattan Institute, and mass promoted to many courts by the US Chamber of Commerce Institute for Legal Reform. The Chamber paper, that was SPECIFICALLY written for judges is titled “A Scientific View of the Health Effects of Mold."

Sharon Kramer

Construction defects led to debilitating mold-related injuries.

RICHMOND, Va. — The Virginia Supreme Court has refused The Drees Co.’s petition for appeal of a $1.4 million judgment that was awarded in March to a couple who claimed that construction defects led to debilitating mold-related injuries. Meng v. The Drees Co., No. 091484 (Va. Sup. Ct.)...

The couple charged that Drees failed to address leaks and attempted to repair window leaks with calking rather than re-install them.

Wendy Meng said she was hospitalized in 2006 and 2007 for migraine headaches, and suffers from tachycardia, heart palpitations, memory loss, nervous system dysfunction, breathing difficulties and chemical sensitivity. Paul Meng said he was diagnosed with asthma after moving into the house. The family left the home in April 2007....

Since January, 2009, The Center for School Mold Help has engaged in a writing campaign to alert President Obama and the Centers for Disease Control and Prevention about the need to recognize the national public health problems associated with indoor dampness and mold, and for the CDC to update its information related to mold and health. This has resulted in direct communications with the (former) Acting Director of the CDC and a phone conference with the Chief of Air Pollution and Respiratory Branch of the CDC, Dr. Paul L. Garbe, who is ultimately responsible for the current information on the CDC website about mold and health. As of 10/9/2009, Dr. Garbe has admitted the information falls short and promised to improve it, to add the IOM's (2004) full findings including the effects associated with mold and dampness, which include (new) asthma development and lower respiratory disease in otherwise healthy children. Further, he promised to insert the WHO findings on dampness and mold (2009). As of 10/27/09, the CDC information remains the same. We are waiting and have alerted President Obama, CDC Director Thomas Frieden, MD, and Senator Barbara Boxer (Chairperson of the Senate Committee on Environment and Public Works) of this meeting and promises. (SMH)

katy's exposure

I would also like you to keep these next two questions in mind as you proceed with your work on this issue.

a. Why have world leaders allowed the insurance industry and other stakeholders to hide the truth about the health effects of toxic mold? (The tobacco companies were allowed to hide the truth about the dangers of tobacco for 50 years, and the insurance industry is using that same strategy to deny the health effects of toxic mold.)

b. When are the world leaders going to expose the truth and educate physicians so patients can receive proper medical care?