Lewis-roberts.

com
Since Ballard, a number of experts are at work performing
studies that would not run afoul of jurisdictions that
follow Havner.
For example, Dr. Kaye Kilburn has recently published a
paper entitled Inhalation of Molds and Mycotoxins.
Dr. Kilburn studied 20 patients exposed to mold and noted
neurobehavioural impairment, such as impaired balance,
reaction time, and verbal recall. Longer exposures
resulted in visual deficits and pulmonary impairment

A/C
Mold
I feel for you so completely. I almost died because of toxic black mold poisoning I
got from living in a beautiful home in SWFL. Cancer of several organs, Crohns, RA, I
had to walk away from everything I ever owned and loved and couldnt touch

anything I owned that was ever in the mold infested house(the mold was in the
ducts of the house and despite them replacing the HVAC unit, they didnt replace all
of the duct work and as you know, it only takes one little spore to reinfect). I moved
to a cold climate and had to finally find a Dr. who would listen to me because Id self
diagnosed with toxic black mold poisoning after 5 years of Drs who thought I was
crazy and tons of meds and illnesses and hair loss and the loss of my sanity it felt
like, divorce, animals dying..the list goes onhad to start over with brand new
everything which was hard to do as you know.. and I dont know for certain that this
firm will take your case, but I do know they fight hard for people in situations like
this..
The professional law firm of Mintz Truppman, P.A., located in North Miami, Florida, is one of only a small
handful of South Florida law firms with a legal practice focusing on bad faith insurance claims, including
those relating to water damage claims in residential

Personal service from a Clearwater personal injury lawyer If you or a family member has
been injured because of someone else's negligent behavior, you may be entitled to a
monetary award.
Call Law Office of Paul B. Genet, P.A. at 727.400.3010 or contact us online for an
experienced toxic mold exposure attorney in Clearwater. - See more at:
http://www.genetlaw.com/practice-areas/mold-contamination/#sthash.GSSZIayO.dpuf
Toxic mold exposure claims can be divided into several categories. The first is toxic mold
growth in the home as a result of water intrusion into the home due to construction or
design defects. The second would be toxic mold growth caused by unforeseen incidents,
such as burst water pipes or damage caused by a storm. The excessive moisture can cause
the growth of toxic mold. The homeowners' insurance company or renters' insurance may
be responsible to cover the clean-up of physical damage to the home and any resulting
mold problems. It may also be necessary to seek damages for personal injuries resulting
from mold exposure-related illnesses or aggravation of an existing illness. - See more at:
http://www.genetlaw.com/practice-areas/mold-contamination/#sthash.GSSZIayO.dpuf

Mold Damages
Mold has been linked to the following injuries and damages: medical expenses incurred on
illnesses due to mold contamination; pain, anguish, and suffering; damages for lost wages; loss
of earning capacity; and damages due to loss of companionship, comfort, and financial losses in
case of death due to illness caused by mold contamination. Similarly, one may be able to
recover damages for destruction of property due to mold contamination and, in extreme cases
of neglect, even punitive damages.

Mold Law Attorney/Lawyer

Toxic mold exposure can be very harmful to those occupying a home or apartment. In many cases, toxic mold growth
is the result of water intrusion into the home due to construction or design defects or some unforeseen condition such
as burst water pipes or damage caused by a storm. The moisture can cause the growth of toxic mold.
Despite the representations of your insurance company, your homeowner's insurance company or renters' insurance
may be responsible to cover the clean up of physical damage to the home and any resulting mold problems. It may
also be necessary to seek damages for personal injuries resulting from mold exposure related illnesses or aggravation
of an existing illness. While some homeowners' insurance policies attempt to exclude coverage for mold, most
policies actually do. If mold growth results from a covered loss, your insurance company should be responsible for
remediation. If your insurance company ignores your claim or delays processing your claim causing additional
damage, in some jurisdictions your insurance company will be liable for additional damages under the law of "bad
faith."
Harmful Effects of Mold:
Nasal congestion and irritation
Eye irritation, or wheezing
Coughing
Breathing Impediment
Headaches & Fevers
Memory Loss
The most common forms of mold which have been shown to have toxins are:
Stachybotrys
Aspergillus
Penicillum
The incidence of toxic mold exposure has significantly increased. Presently, many people are being exposed to toxic
mold in their home, work place and elsewhere as a result of a variety of factors, including defective construction, lack
of regular maintenance, shoddy and inappropriate building materials and lack of government regulation and
involvement.
Many of the effects of toxic mold exposure can be quite serious and often victims are not aware that the medical
problems they have experienced are directly related to toxic mold exposure. A Plaintiff who proves that he or she was
exposed to toxic mold due to the negligence of another person or company is entitled to compensation for all the
following consequences related to the exposure, including:
-Abatement and remediation of the toxic mold;
-Replacement cost of personal property and contents of home;
-The cost of past and future medical care;
-The cost of any necessary rehabilitation;
-The loss of past and future wages;
-Pain and suffering associated with the toxic mold exposure.
If you or someone you know has suffered an injury from mold, one of our attorneys can assist you in evaluating your
case. We can assist clients with the following cases. We do not offer free consultations for mold claims.

Toxic Mold Contamination

Mold Induced Sickness and Illness

Property Damage Claims

Residential Claims

Commercial Claims

Toxic Mold Lawsuit Claims | What you need to know about mold
litigation and Lawyers

The effects of mold on the health and well being of individuals and
destruction or property is nothing new. According to biblical historians
toxic mold or black mold was one of the original plagues to befall the
pharaoh of Egypt for resisting Moses call for the freedom of the
Hebrews from slavery.

Modern toxic mold litigation is a relatively new and ever-changing field

in personal injury litigation. Most injury lawyers dont possess the
requisite educational and experience driven background to understand
the complexities of toxic mold litigation let alone attempt to litigate
one.

If you believe there is a presence of mold in your house, condo or coop unit, leased apartment unit or in your office you need to contact an
attorney who will have the requisite knowledge base and persistence
to fight for your rights. Below is some useful information you should be
aware of if any potential mold issue present themselves.

Have you tested for mold: There are several tests which need to be
conducted in order to decipher whether mold is present and what
specific species of mold are present. There are thousands of species
mold ranging from species which are found in almost all environments
in the world and pose little to no harm to toxic mold such as
Stachybotrys which can cause allergic and asthmatic reactions in
sensitive individuals. You should test for both vile based sampling and
well as air sampling in order to determine whether the mold is
airborne.

Along with testing for mold one should test for mycotoxins which are
toxic byproducts of mold. For example Stachybotrys mold produces
mycotoxins which tmay be deleterious to your health including These
trichothecenes roridan E, satratoxins F, G, and H, and verrucarin J.

Tests can be conducted by: Certified industrial hygienists, Indoor air

quality specialists, or Mycologists specializing in toxic mold and or
Microbiologists if other pathogens exist.

Are there any medical complications: Have you or your relatives

residing in the home suffered any medical complications as a result of
acute exposure or long term exposure to mold in the home. There are
many different medical complications which can develop including,
Upper Respiratory Infections, Chronic and severe asthma, skin rashes
and constant itching, chronic fatigue syndrome, depression. In order to
determine your illness and treat any medical complications resulting
from airborne mold exposure one should seek medical attention from
(1) Allergists and Immunologists (2) Dermatologists for skin conditions
(3) Gastroenterologists specialize in stomach and intestinal disorders
(3) Neurologists specialize in brain senses and behavior also known as
neuropsychologist with expertise in cognitive defects (4) Certified
physician specializing in environmental and occupational medicine (4)
Otolaryngologists, ear, nose, and throat doctor. (5) Physiatrists
specialize in musculoskeletal physical medicine and rehabilitation. (6)
Pulmonologists specialize in lung diseases. (7) Radiologists specialize
in the interpretation of X-rays and other radiographic data to diagnose
various diseases. (8) Rheumatologists if joint pain exists (9)
Toxicologists for the diagnosis and treatment of toxin exposures

Contact a Mold Litigation Lawyer: Mold litigation is an arduous

process requiring expert testimony, and high litigation costs. Most
personal injury lawyer are not equipped to handle such Torts. Be sure
to research your attorneys well as ask them specific questions
regarding the litigation of toxic mold.

If you have any further questions regarding a household toxic mold

issue contact our toxic mold injury lawyer to schedule a free no cost
consultation. Click here for access to our offices at
downtownlalaw.com

March 20, 2012

Regarding Mold and Water Damage
By Patrick S. Schoenburg, Partner
Every year at this time, we review developments in mold litigation from the past twelve months, with an emphasis on
personal injury claims. A decade ago we saw widespread media interest in toxic mold and an uptick in lawsuits. That
was followed by a series of defense victories in the courtroom, largely built on scientific studies which properly framed

the nature and extent of injuries and illnesses which could result from mold exposure. The number of mold personal
injury cases declined, but they never went away and in the last several years we have seen a number of multi-million
verdicts and settlements, contrary to our own expectations that mold personal injury cases were a dying trend.
In 2011, we did not have any million dollar plus verdicts reported. However, as set forth in this report, mold personal
injury claims continue to be the subject of media reports, scientific studies and litigation. Because mold cases often
involves a number of substantive areas of the law, including construction litigation, property damage, personal injuries
and insurance law, those with an interest in real property and their insurers and counsel need to be aware of the
interplay between each of these interests when mold claims occur. Failure to do so can create on-going problems and
lead to protracted litigation.
Celebrity Mold News: Did Brittany Murphy Die From Toxic Mold?
We normally do not cite the Hollywood celebrity website TMZ.com as a source, but the mold story likely to get the
most publicity in 2012 is the claim that actress Brittany Murphy, who passed away in 2009, and her husband both
died as a result of exposure to toxic mold. Sharon Murphy, the actress mother, has filed a legal malpractice suit in
the Los Angeles County Superior Court. The defendants are the attorneys who represented her in a construction
defect case against the builders of the home where Brittany died. The current lawsuit alleges that the construction
defects led to mold contamination and, ultimately, the two deaths. The alleged malpractice is the result of the
attorneys in the construction defect action settling the matter without advising Sharon Murphy of her right to file a
wrongful death claim. The settlement agreement in the construction defect case apparently waived all of Ms.
Murphys rights against the defendants, including the right to file a wrongful death lawsuit, allegedly without her
knowledge or consent.
The potential that mold exposure caused the death of these two individuals is minimal, but the publicity from this story
will likely result in a new wave of media attention for mold personal injuries. Ed McMahons well known lawsuit was at
the vanguard of publicity for the first wave of mold claims. The allegations here are more serious, i.e., that the
mysterious deaths of two young Hollywood celebrities were caused by mold. The inevitable result will be that more
people with unexplained health problems will blame mold. That in turn will cause more inquiries to plaintiffs attorneys
and a potential uptick in lawsuits.
This story also raises an important issue for attorneys handling construction defect claims. Many defect cases involve
water intrusion, moisture damage and even specific allegations of mold contamination, but most do not include claims
for personal injuries. In settling these cases should defense counsel insist on a release that includes bodily injuries?
Is it malpractice for plaintiffs attorneys to give such a release? The parties to large multi-home residential
construction defect actions normally prefer to ignore or exclude personal injury issues. The legal malpractice lawsuit
by Sharon Murphy highlights the potential problems for both sides in any construction defect case involving a water
loss if bodily injury claims are ignored.
Largest Allergy Study Ever Conducted Shows Significant Increase In Mold Sensitivity

One common theme of our past updates is that mold allergies are the most prevalent illness associated with
exposure. Mold is a significant environmental allergen. While the resulting symptoms are often limited to watery eyes
and sneezing, mold allergies are a real health problem.
It has been estimated that six percent of the general population has mold allergies. With more than 1 in 20 individuals
having allergic reactions to mold, there is a significant chance that plaintiffs in a mold case will be hypersensitive to
fungi. These facts undercut arguments that mold does not cause any health problems.
In 2011, Quest Diagnostics released the results of the largest analysis of allergy test results ever conducted. The
study found that in the last four years, the number of patients testing positive for environmental allergies increased by
5.8%. However, the rate of increase for sensitization for mold was twice as high 12%.
The significance for those with an interest in mold litigation is that an increasing percentage of the overall population
has mold allergies. If these individuals experience a water loss, work in a building with moisture intrusion or otherwise
are placed in a situation where there is a likelihood of mold growth, allergic reactions may be triggered. If litigation
results, individuals with mold allergies have a much better chance of reaching a jury with their claims than those who
allege that they have suffered a toxic reaction. Generally it can be expected that damages based solely on allergic
reactions to mold will be insignificant, but any increase in the percentage of the population with a legitimate health
problem due to mold also increases the potential for mold personal injury litigation.
Multi-Million Dollar Verdict For Owners Of Moldy South Carolina Condominiums: What About The Personal
Injury Claims?
The largest reported verdict for a mold related claim in 2011 was $7.7 million awarded to the owners of 216
condominium units in South Carolina. The verdict was on top of $8 million in settlements. The owners initial
complaints included mold and air quality issues. Their subsequent lawsuit alleged that shoddily installed stucco
allowed water to intrude behind walls, damaging trusses and other wooden support structures. Eventually, residents
noticed water staining and mold on interior walls.
Media reports of the verdict and settlements do not mention personal injury claims. This situation raises more
questions than it answers. Will the residents of the 216 units have the right to pursue such claims separately? Did
they not believe that any personal injuries had occurred? It is certainly a valid strategy for plaintiffs attorneys to ask
their clients to waive or sever their personal injury claims in this situation. An otherwise valid property damage case
can be lost when unsupported and even bizarre mold personal injury claims are made.
On the other hand, ignoring the potential for such claims can also have consequences. The Brittany Murphy story
demonstrates the consequences to plaintiffs attorneys who ignore the personal injury side of mold risk malpractice
lawsuits. Likewise, in any case involving mold, defense attorneys need to determine if personal injuries are alleged to
ensure that these claims are either included in a settlement or knowingly excluded.
American College of Occupation and Environmental Medicine Releases Updated Mold Study

In 2002 the American College of Occupation and Environmental Medicine (ACOEM) released its evidence based
statement, Adverse Human Health Effects Associated with Molds in the Indoor Environment. The ACOEM report
divided mold related diseases into three categories: allergy and hypersensitivity, infection and toxicity. This framework
has been helpful in organizing and addressing the hodge podge of symptoms and claims often made in mold
personal injury litigation. The statement was also very skeptical of alleged health issues based on toxicity, and noted
that the presence of toxigenic molds (those that produce mycotoxins) does not demonstrate the presence of
mycotoxins themselves. That requires separate testing, which is rarely, if ever, done. The ACOEM report was one of
several scientific studies and reports that helped halt the onslaught of toxic mold cases early last decade.
ACOEM released an updated version of Adverse Human Health Effects Associated with Molds in the Indoor
Environment in 2011. It contains the same framework for analyzing mold personal injury cases and continues to
question the scientific basis for toxic mold claims arising in the indoor environment, describing them as improbable
and inconsistent with reported spore concentrations. ACOEM does not completely discount the possibility that toxic
injuries could occur, but the rigorous criteria set forth for diagnosing such a condition simply cannot be met in most
mold cases.
The updated ACOEM report is the most recent study to address these issues. It should be familiar to everyone
evaluating and defending mold personal injury cases.
Verdicts Show Disparate Valuations Of Mold Claims
As noted, there were no million dollar plus verdicts reported in 2011. But for those that like to track verdict trends, we
offer two results at the opposite end of the valuation scale. In our view, the last several years have shown the same
pattern, i.e., many defense verdicts and small settlements, with the occasional large award.
Aaron E. Spence v. Hickory Lakes, L.P., Cobb County, Georgia (Dec. 2010)
A jury awarded just $8,000 to tenants who suffered health effects and were forced to move due to mold growth in
their apartments. The plaintiffs offered the testimony of an expert whose testing revealed that some mold spore
levels in the apartments were over 300 times higher than normal. Plaintiffs doctor and a toxicologist both offered
additional expert testimony that mold was the cause of plaintiffs ill health.
Board of Managers of Essex House Condominium v. Brooke L. Milstein ex rel. Manhattan L.B. Living Trust, New York
County, New York (2011)
Plaintiffs bought a condominium for $5 million on Central Park South in Manhattan. After short time in the unit, Mrs.
Milstein was allegedly forced to leave the unit due to mold contamination. Plaintiffs hired an expert who discovered
that the contamination was caused by a problem with the HVAC system. The resulting lawsuit alleged that the
defendant condominium owners association knew about the problems and attempted to cover them up. While the
jury did not return punitive damages for the cover up, it did award $714,798 in economic damages to plaintiffs.

--

Centex-Rooney Construction Co., Inc. v. Martin County, 706 So. 2d 20 (Fla. Dist. Ct. App.,
1997)
Summary: Florida District Court of Appeals affirmed a verdict for the plaintiff in a case alleging
that construction defects in the Martin County courthouse caused moisture problems, resulting in
extensive mold growth. The county sued the construction company for breach of contract. Most
important, the court determined that expert testimony linking mold exposure to health problems
was admissible at trial.
Stroot v. New Havorford Partnership, No. 95C-05-074-HLA, 1999 WL 753916 (Del. Super.
Ct. May 11, 1999)
Summary: Delaware Superior Court affirmed a jury's verdict for the plaintiffs in a case alleging
that a landlord's failure to properly and promptly repair leaks led to tenants' mold-related health
problems.
Maday v. Toll Brothers, Inc., No. 184844 (Va., Fairfax County Cir. Ct. Sept 29, 2000)
Summary: A jury in Fairfax County, Virginia, found a construction company liable for mold that
contaminated at least 21 homes in a subdivision. The plaintiffs alleged that the company had
misled them into thinking that it had used real stucco--a mix of cement, sand, and lime--on the
exterior of the home. Instead, it had used synthetic stucco, a layering of foam, fiberglass mesh,
and acrylic finish that allows water to seep into walls, decay wood, and foster the growth of
mold. The jury found that the defendant committed fraud by misrepresenting the stucco, violated
a state consumer protection act, and breached its sales contract. See also Stafford v. County
Developers, *17 No. 181455 (Va., Fairfax County Cir. Ct. July 18, 2001).
Ballard v. Fire Insurance Exchange, No. 99-05252 (Tex., Travis County Dist. Ct. June 1, 2001)
Summary: Texas jury awarded substantial damages to a couple who sued their insurer over a
bathroom plumbing leak that mushroomed into a toxic-mold infestation. Plaintiffs alleged
serious health problems-- including bleeding lungs, neurological damage, asthma, and fatigue-caused by mold that grew in their home. Soon after the leak was repaired, plaintiffs noticed that
their hardwood floors had buckled. They filed a claim with Fire Insurance Exchange, a
subsidiary of Farmers Insurance Group. A contractor told the insurer that mold could grow in the
subfloor, which had been damaged by the plumbing leak, and that it should be replaced. Farmers
did not pay the claim. The mold spread throughout the home and the family's health deteriorated.
Farmers eventually offered a settlement that, if accepted, would not have covered the cost of
repairs. Plaintiffs hired an air-quality company that detected severe toxic- mold contamination
and urged them to leave their home immediately.