Thursday, October 12, 2000

Toxic Mold: the asbestos of a new generation
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Lawsuits Multiply Over the Fungus Among Us

By Adrienne Mand   Thursday, October 12, 2000

 

Toxic mold. It's being called the asbestos of a new generation, responsible for breathing problems, unsightly sores, even brain damage ... and a rash of lawsuits.

But critics say the science behind these claims is sketchy, and that the people behind the lawsuits are just trying to turn toxic mold into a courtroom piñata packed with million-dollar goodies.

Whichever side legal observers take on the issue, all seem to agree: Toxic mold lawsuits are spreading as fast as the fungus among us.

"This is an extremely hot area," said David Governo, a toxic-exposure defense lawyer in Boston who has seen a growing number of mold cases in the past few years.

Governo added that many legal and technical conferences are including sessions on the topic of toxic mold.

But why?

Toxic mold first gained national attention in 1994 with an Ohio case when a Cleveland doctor published a study linking the deaths of 15 babies from bleeding-lung disease to exposure to toxic mold in their homes.

But the Centers for Disease Control says a link between the purplish fungus and sickness is still inconclusive.

"You need to ask yourself why is it that they are doing that, is it because they want to protect the public health, or is it because they want to make millions and sometimes billions of dollars with class action suits and damages that ultimately go back to the consumer in higher costs and services," said Anthony Bell of Californians Against Lawsuit Abuse.

The increasing incidence of mold-related health problems has been blamed on everything from new, "tighter" buildings that trap moisture inside and allow mold to fester, to housing shortages in areas like the Northeast that have forced people to live in moist basements where mold is common.

Cases have cropped up across the country regarding public buildings where scores of people become ill.

But while scientific evidence has mounted since the mid-1990s that certain types of mold can cause respiratory ailments, brain damage and rashes, there are no guidelines about how much exposure to such toxic substances is acceptable.

Other nations have been dealing with the problem longer.

"It’s been well known in Europe for decades, and Canada is 10 or 15 years ahead of us," said Alexander Robertson IV, a plaintiffs attorney in Woodland Hills, Calif.

Robertson’s first toxic-mold case was in 1994, representing an unidentified actor and his wife whose million-dollar home in Malibu was overrun with slimy stachybotrys that was harming their health. The case was settled for $1.35 million.

Robertson has since represented about 1,000 plaintiffs, and he fields calls daily from across the country.

In response to critics who accuse attorneys like him of just being toxic-mold-chasers, Robertson cites anecdotal evidence of people who have been sickened by their workplaces and homes.

"Remove them, and they get better," he said. "They go away for a few weeks and get better, then come back and immediately [get worse]. There’s clearly something going on here."

Those who deal with such malicious molds agree. Steven Goselin, vice president of Envirotech Clean Air in Cambridge, Mass., has been cleaning offices for 12 years and said toxic mold "has become a major issue" in the last three.

Governo, the toxic-abuse defense lawyer, says some claims of illnesses caused by toxic mold are legitimate, but not all of them.

"A lot of the problem in trying to separate out valid cases is the fact that many of the symptoms are general in nature and not specific to a particular toxin," he said.

— Fox News' Juliet Huddy contributed to this report

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