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Mold Update
Tuesday, 20 December 2005
Monday Morning Mycology - December 5, 2005 \n This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
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US Supreme Court Mold Related Decision: Monday Morning Mycology December 5, 2005
Mycology in the Media
December 5, 2005
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Mycology Stories - from Cynthia Anne Coulter (Mulvihill) of Hyde Mulvihill, APC
-- United States Supreme Court Sides with Landlord in Toxic Mold Lawsuit (WJLA, DC - Nov 29, 2005)
-- New Tests Show Unsafe Pollution Levels Affecting Mississippi, Alabama Communities - Results Create a Broad Picture of Health Hazards for Entire Gulf Region (Common Dreams, ME - Dec 5, 2005)
-- Clearing the air on indoor pollution (Santa Cruz Sentinel, CA - Dec 4, 2005)
-- Liver Cancer and Aflatoxins [Ed. note: Aflatoxins are mycotoxins produced by certain Aspergillus spp.] (Food Consumer, IL - Dec 2, 2005)
-- Australian pediatric cancer patients evacuated because of Aspergillus (The Age, Australia - Dec 2, 2005)
-- $20 Mil. Property battle over Mold in Horizon Casino continues (North Lake Tahoe Bonanza, NV - Dec 4, 2005)
-- Mold Education: Aflatoxicosis (US/FDA)
-- School Mold: Stachybotrys discovered in Billings school; District Notifies Parents (Billings Gazette, USA - Nov 28, 2005)
-- Mold & Insurance: Time to question your insurance coverage (Bizjournals.com, NC - Dec 1, 2005)
-- Mold & Technology: Pest control operators helping with mold (Slidell Sentry News, LA - Nov 28, 2005)
-- Mold Seminars: PIA Hosts Seattle Mold/Moisture Management Summit Jan 12, 2006 (Insurance Journal - Nov 23, 2005)
-- Mold Professionals: Mold Litigation Consulting
-- Mold Professionals: Har-Bro
-- Mold Investigation: Clark Seif Clark, Inc.
-- For Fun: 25 Best Funny Political Quotes of 2005 (www.politcalhumor.about.com)

 

Good Morning,

Before you get too excited about the first story, the Supremes did not reach any decisions about mold causing illnesses . . . what they did decide was that the Plaintiffs need to name the proper parties in a personal injury lawsuit. In this case, the Plaintiffs sued in state court; the matter was removed to federal court because of diversity; and the federal court dismissed the case.

This week's image is of Endo polygalacturonase II from Aspergillus niger, from the University of Groningen Protein Crystallography Group website.

Hot tips on mold? Please let me know. Send information to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , Cynthia Coulter Mulvihihll, Esq Hyde Mulvihill APC 216 W. Foothill Boulevard Monrovia CA 91016.


United States Supreme Court Sides with Landlord in Toxic Mold Lawsuit (WJLA, DC - Nov 29, 2005)
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Washington D.C. (AP) - The U.S. Supreme Court ruled Tuesday against Virginia renters who claimed that toxic mold in their apartment building made them sick. The decision clarifies where personal injury cases should be heard.

The unanimous court says the federal appeals court in Richmond was wrong to insist that a Virginia subsidiary of the apartment manager, Texas-based Lincoln Property, should share responsibility in defending the lawsuit.

Click here for United States Supreme Court Sides with Landlord in Toxic Mold Lawsuit (WJLA, DC - Nov 29, 2005)


New Tests Show Unsafe Pollution Levels Affecting Mississippi, Alabama Communities - Results Create a Broad Picture of Health Hazards for Entire Gulf Region (Common Dreams, ME - Dec 5, 2005)
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WASHINGTON - December 5 - New soil samples taken in Mississippi and Alabama communities hit by Hurricane Katrina show dangerous levels of pollution, including arsenic, heavy metals, dioxin and E. Coli. The tests, conducted by award-winning chemist Wilma Subra, showed that many of the pollution problems that continue to haunt New Orleans are prevalent throughout the entire Gulf Region.

"The sediment sludge carried on the land by the storm surge is contaminated by heavy metals and a host of microorganisms, all of which are known to cause acute and chronic impacts on public health," said Wilma Subra. "There is a need to determine extent of that contamination and establish a plan to remove the contaminants in order to prevent residents and workers from being harmfully exposed."

Click here for New Tests Show Unsafe Pollution Levels Affecting Mississippi, Alabama Communities - Results Create a Broad Picture of Health Hazards for Entire Gulf Region (Common Dreams, ME - Dec 5, 2005)


Clearing the air on indoor pollution (Santa Cruz Sentinel, CA - Dec 4, 2005)
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Three decades after the Clean Air Act, the air outdoors is much cleaner, even with many more people, cars and industries. But indoor air, which some say is filled with pollutants, is another matter.

"It is an insidious kind of poisoning of our lives," said Fred Keeley, Santa Cruz County treasurer and former three-term member of the state assembly. A prominent clean air advocate, Keeley wrote a 2002 bill authorizing the California Air Resources Board to set standards for indoor air quality.

Click here for Clearing the air on indoor pollution (Santa Cruz Sentinel, CA - Dec 4, 2005)


Liver Cancer and Aflatoxins [Ed. note: Aflatoxins are mycotoxins produced by certain Aspergillus spp.] (Food Consumer, IL - Dec 2, 2005)
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Millions of people are exposed to aflatoxins, toxic compounds produced by Aspergillus molds. These molds infest staple crops such as maize, peanuts, rice, and wheat throughout the world. Outbreaks of aflatoxicosis affecting up to several hundred people at a time have occurred sporadically, most recently in eastern Kenya in early 2004. An investigation of the Kenyan outbreak now yields new information on the risk factors associated with acute aflatoxin poisoning [EHP 113:1779-1783].

Chronic low-level exposure to aflatoxins, particularly aflatoxin B1, is associated with increased risk of developing liver cancer, impaired immune function, and malnutrition. Acute high-level exposure, which is less common, causes early symptoms of diminished appetite, malaise, and low fever. Later symptoms, including vomiting, abdominal pain, and hepatitis, signal potentially fatal liver failure.

Click here for Liver Cancer and Aflatoxins [Ed. note: Aflatoxins are the mycotoxins produced by Aspergillus spp.] (Food Consumer, IL - Dec 2, 2005)


Australian pediatric cancer patients evacuated because of Aspergillus (The Age, Australia - Dec 2, 2005)
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CANCER patients were evacuated from a Royal Children's Hospital ward this week after building work increased levels of a dangerous airborne bug.

Ten children were moved after the hospital's infection control team discovered increased levels of fungi, including aspergillus, which can cause potentially fatal infection in people with weak immune systems.

Click here for Australian pediatric cancer patients evacuated because of Aspergillus (The Age, Australia - Dec 2, 2005)


$20 Mil. Property battle over Mold in Horizon Casino continues (North Lake Tahoe Bonanza, NV - Dec 4, 2005)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Citing health and safety issues, the owner of land underneath the Horizon Casino Resort in Stateline filed a lawsuit in Douglas County District Court on Tuesday asking for an eviction.

The suit was in response to a pre-emptive lawsuit filed earlier this month by Horizon owner Wimar Tahoe Corp. That challenge, filed Nov. 8, alleges the property owner, Park Cattle Co., harassed the casino owners by demanding unnecessary repairs relative to their shared lease.

Click here for $20 Mil. Property battle over Mold in Horizon Casino continues (North Lake Tahoe Bonanza, NV - Dec 4, 2005)


Mold Education: Aflatoxicosis (US/FDA)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Aflatoxicosis is poisoning that results from ingestion of aflatoxins in contaminated food or feed. The aflatoxins are a group of structurally related toxic compounds produced by certain strains of the fungi Aspergillus flavus and A. parasiticus. Under favorable conditions of temperature and humidity, these fungi grow on certain foods and feeds, resulting in the production of aflatoxins. The most pronounced contamination has been encountered in tree nuts, peanuts, and other oilseeds, including corn and cottonseed. The major aflatoxins of concern are designated B1, B2, G1, and G2. These toxins are usually found together in various foods and feeds in various proportions; however, aflatoxin B1 is usually predominant and is the most toxic. When a commodity is analyzed by thin-layer chromatography, the aflatoxins separate into the individual components in the order given above; however, the first two fluoresce blue when viewed under ultraviolet light and the second two fluoresce green. Aflatoxin M a major metabolic product of aflatoxin B1 in animals and is usually excreted in the milk and urine of dairy cattle and other mammalian species that have consumed aflatoxin-contaminated food or feed.

Aflatoxins produce acute necrosis, cirrhosis, and carcinoma of the liver in a number of animal species; no animal species is resistant to the acute toxic effects of aflatoxins; hence it is logical to assume that humans may be similarly affected. A wide variation in LD50 values has been obtained in animal species tested with single doses of aflatoxins. For most species, the LD50 value ranges from 0.5 to 10 mg/kg body weight. Animal species respond differently in their susceptibility to the chronic and acute toxicity of aflatoxins. The toxicity can be influenced by environmental factors, exposure level, and duration of exposure, age, health, and nutritional status of diet. Aflatoxin B1 is a very potent carcinogen in many species, including nonhuman primates, birds, fish, and rodents. In each species, the liver is the primary target organ of acute injury. Metabolism plays a major role in determining the toxicity of aflatoxin B1; studies show that this aflatoxion requires metabolic activation to exert its carcinogenic effect, and these effects can be modified by induction or inhibition of the mixed function oxidase system.

Click here for Mold Education: Aflatoxicosis (US/FDA)


School Mold: Stachybotrys discovered in Billings school; District Notifies Parents (Billings Gazette, USA - Nov 28, 2005)
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Air quality tests at Bench Elementary School recently detected low levels of toxic mold. Parents were notified by letter last week that the district had sealed up a crawlspace below the school, where administrators believe the mold may be growing. Plans include continued testing.

Several teachers reported experiencing eye, nose and throat irritation and their classrooms were tested for the microscopic mold spores, said Bench Elementary Principal John English.

Click here for School Mold: Stachybotrys discovered in Billings school; District Notifies Parents (Billings Gazette, USA - Nov 28, 2005)


Mold & Insurance: Time to question your insurance coverage (Bizjournals.com, NC - Dec 1, 2005)
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All good business owners should have asked themselves at least one question following Hurricanes Katrina and Rita: Do I have a disaster and recovery plan in place for my company?

If you watched or read any news coverage of the hurricanes you saw the extremely high winds, tropical rains and flooding from the levee breaches that resulted in lack of power and communications and difficulty in evacuating the Gulf Coast region.

Click here for Mold & Insurance: Time to question your insurance coverage (Bizjournals.com, NC - Dec 1, 2005)


Mold & Technology: Pest control operators helping with mold (Slidell Sentry News, LA - Nov 28, 2005)
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SLIDELL - Armed with insecticide and spray pumps, pest control specialists may have found a new calling.

With mold rapidly eating its way through hurricane ravaged homes along the Gulf Coast, the Department of Agriculture and Forestry announced help where one might not normally turn - the nearest pest control operator.

Click here for Mold & Technology: Pest control operators helping with mold (Slidell Sentry News, LA - Nov 28, 2005)


Mold Seminars: PIA Hosts Seattle Mold/Moisture Management Summit Jan 12, 2006 (Insurance Journal - Nov 23, 2005)
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The PIA Western Alliance is hosting a summit on moisture management/mold control from 9 a.m. to 1 p.m. on Jan. 12, 2006, at the Doubletree Suites Southcenter in Seattle. The goal is to build awareness and policies within the insurance industry, realtors, contractors and lenders that preventative steps can be taken to reduce their exposure to losses resulting from moisture damage, according to PIA.

PIA said the technology, when used to guide the moisture management evaluation, provides a understandable assessment of a property in terms of existing problems and identifies issues that -- if addressed immediately -- will normally not become a claim in the future. When builders implement this moisture management system, liabilities claims will decline and health claims associated with mold exposure can be reduced, PIA said.

Click here for Mold Seminars: PIA Hosts Seattle Mold/Moisture Management Summit Jan 12, 2006 (Insurance Journal - Nov 23, 2005)


Mold Professionals: Mold Litigation Consulting
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Cynthia Coulter Mulvihill Some people already know this, but if you don't, here it is. For quite some time, I have been acting as a mold litigation consultant on various matters. I consult with Plaintiffs and Claimants - or potential Plaintiffs and Claimants; Defendants and potential defendants; attorneys; and expert witnesses.

Depending on who retains me, and when, I will:

  • Analyze a person's property damage and personal injuries
  • Conduct a property inspection
  • Review medical records
  • Determine if there is a causal link between the property damage and personal injuries
  • Research what needs to be done to prove -- or disprove -- the property damage, the personal injuries, and any causal link
  • Determine what entity or entities might have caused property damage
  • Review insurance policies to determine if insurance coverage is available for the claims
  • Determine what kind of experts need to be retained to prove or disprove a case
  • Provide referrals to experts
  • Prepare expert witnesses for depositions
  • Prepare written discovery
  • Prepare attorneys for questioning of expert witnesses
Keep in mind that in doing this, I am retained as an attorney. What I do is attorney-client and attorney work-product privileged.

 

Click here for Mold Professionals: Mold Litigation Consulting


Mold Professionals: Har-Bro
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HAR-BRO is the largest and most experienced disaster restoration company in California and Nevada. With seven offices strategically located in Southern and Northern California, Nevada and Arizona. HAR-BRO can respond immediately to any disaster with the appropriate, experienced personnel, state-of-the-art equipment and materials. More than 200 experienced employees are dedicated to the company’s number one goal: Customer Satisfaction.

Har-Bro work around the clock to be there when you need us. For emergency services, take comfort in knowing that you can rely on HAR-BRO.

Click here for Mold Professionals: Har-Bro


Mold Investigation: Clark Seif Clark, Inc.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CSC, Inc. is an environmental consulting firm headquartered in Chatsworth CA with a staff of engineers, geologists, certified industrial hygienists and other technically-trained professionals has investigated and managed hundreds of sites. We have a full understanding of the requirements outlined in CERCLA, RCRA, NEPA, TSCA, AHERA and HUD, as well as other federal, state and local environmental regulations.

Moisture Control is the key for microbial management. Moisture in buildings can be in the form of water vapor or as a liquid. The presence of moisture on the surface of building materials or inside structural components is the primary factor in sustaining microbial growth, which may lead to exposure to microbial emissions of spores and their metabolites, such as particle-containing mycotoxins and microbial Volatile organic compounds (mVOCs).

Click here for Mold Investigation: Clark Seif Clark, Inc.


For Fun: 25 Best Funny Political Quotes of 2005 (www.politcalhumor.about.com)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Here's just a few, from www.politcalhumor.about.c om:

 

  • "No Froot Loops!" --Saddam Hussein, getting upset at his guards when offered a substitute for his breakfast cereal of choice, Raisin Bran Crunch
  • "I had one guy one night, he introduced me at a speech, and over and over again he said every Viagra joke he could think of. So, I got up and said I really appreciate it and I bought you a year supply -- here's one tablet." --Former Sen. Bob Dole, on being a pitchman for Viagra
  • "We have to fix it or Rumsfeld may never retire." - -President Bush, on Social Security, at the 2005 Gridiron Dinner
  • "Mrs. Bush ... has taken to calling me 'son'... this just shows you the lengths at which the Bushes would go to get another president in the family. And I wish I could get them to adopt Hillary." --Former President Bill Clinton, in an interview with David Letterman
  • "When he woke up he was surrounded by loved ones" -- his wife, his daughter and "my dad" President Bush, on former President Clinton's recuperation from surgery

 

Click here For Fun: 25 Best Funny Political Quotes of 2005


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