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Mold Update
Wednesday, 05 July 2006

Monday Morning Mold (Mycology) - July 3, 2006

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Monday Morning Mold (Mycology) - July 3, 2006
Mold (Mycology) in the Media
July 3, 2006
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Mold (Mycology) Stories - from Cynthia Anne Coulter (Mulvihill) of Hyde Mulvihill, APC
-- $770,000 Michigan Mold Verdict (DetNews.com, MI - Jun 28, 2006)
-- Disciplinary Action and Decision against Mold Expert Gary J. Ordog, M.D. (www.casewatch.org)
-- Published California Court of Appeals Case Excluding Expert Tests and Testimony on Mold - Geffcken v. D'Andrea
-- Enzyme derived from Aspergillus niger helps those with Celiac disease (Best Syndication, CA - Jun 30, 2006)
-- Cladosporium Spores May Protect Against Allergies in Children (MedPage Today, NJ - Jun 16, 2006)
-- Mold Education: Antigen specific IgE Used to Diagnose Aspergillus fumigatus allergies (Jornal de Pediatra - May/June;82(3):215-220. Epub 2006 May 26)
-- $560,000 Michigan School Mold Clean-Up (MLive.com, MI - Jun 20, 2006)
-- Court Mold: Two years later, work remains at federal courthouse (Sun-Sentinel.com, FL - Jul 2, 2006)
-- Mold & Technology: Electronic Nose Being Adapted For Consumers (PC Magazine - Jun 27, 2006)
-- Mold & Technology: "AGENT GOLD" Mold, Termite and Wood Decay Protection; A Chemical Free Solution to a Global Problem (PR Web, WA - Jun 26, 2006)
-- Mold & Medicine: Basilea develops broad-spectrum antifungal (Reuters - Jun 27, 2006)
-- Mold & Laboratories: North Carolina lab rated best in testing for aflatoxin (Southeast Farm Press - Jun 20, 2006)
-- Mold & Technology: American Mold Guard Increases Presence on Gulf Coast (Insurance Journal - Jun 14, 2006)
-- Mold Professionals: Cynthia Coulter Mulvihill (Mold Litigation Consulting)
-- For Fun: Create Your Own Virtual Fireworks Show!

 

Good Morning,

Happy Independence Day tor my United States readers, and Happy (late) Canada Day for those of you north of the border. To my British readers: thanks for the holidays. This week's lead photo is of Stachybotrys spp., from the www.astrogra phics.com website.

The Japanese journal of Legal Medicine is publishing an article on fungi that looks fascinating, at least for those of us who are fans of forensic TV shows like C SI, and mystery writers Kathy Reichs and Patricia Cornwell - Fungi can be a useful forensic tool.

Hot tips on mold? Please e- mail them to Cynthia A. Coulter Mulvihill at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it


$770,000 Michigan Mold Verdict (DetNews.com, MI - Jun 28, 2006)
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LYON TOWNSHIP -- A Lyon Township couple whose dream home turned into a toxic nightmare won a $770,000 jury verdict against the builder Wednesday in Oakland Circuit Court.

Cheryl and Barry Mills had to move out of a newly built 2,300-square-foot, three-bedroom home and into an apartment in August 2004 because of health concerns about mold found on building joists. The couple alleged the home, which has sat vacant for nearly two years, was built with moldy wood products and a jury apparently agreed, eventually awarding a verdict against the Centennial Ridge company that built it, the Mills' attorney Steven J. Remski said Wednesday.

"We had an expert examine the house, and the joists were so moldy they were actually weakened in spots," Remski said.

Click here for $770,000 Michigan Mold Verdict (DetNews.com, MI - Jun 28, 2006)


Disciplinary Action and Decision against Mold Expert Gary J. Ordog, M.D. (www.casewatch.org)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In 2005, the Medical Board of California accused Gary J. Ordog, M.D. of Newhall, California, of 15 charges of professional misconduct. The charges included gross negligence, inadequate record- keeping, dishonest or corrupt acts, false documents, and deceptive public communication. Among other things, he was accused of (a) improperly diagnosing four patients with heavy metal toxicity and/or toxic encephalopathy (brain disease) and (b) falsely claming to have certain credentials.

In 2006, the Medical Board of California suspended the license Gary J. Ordog, M.D. of Newhall, California, for 90 days and placed him on seven years probation, during which time he is not permitted to engage in a medicolegal or forensics practice

Click here for Disciplinary Action and Decision against Mold Expert Gary J. Ordog, M.D. (www.casewatch.org)


Published California Court of Appeals Case Excluding Expert Tests and Testimony on Mold - Geffcken v. D'Andrea
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Editors Note: Bart Merrill and Bruce Finck, with Benton Orr Duval & Buckingham, did some excellent work on this case. Bart was also kind enough to discuss some of the evidentiary issues with me -- thanks, Bart!

This is a published decision, which means that it can be cited as California common law. Expert testimony was excluded based on the Kelly-Frye evidentiary test, which is "[U]nder the Kelly-Frye rule the proponent of evidence derived from a new scientific methodology must satisfy three prongs, by showing, first, that the reliability of the new technique has gained general acceptance in the relevant scientific community, second, that the expert testifying to that effect is qualified to do so, and, third, that ' "correct scientific procedures were used in the particular case."

One of the experts whose testimony was excluded was Gary Ordog, M.D.

Published California Court of Appeals Case Excluding Expert Tests and Testimony on Mold - Geffcken v. D'Andrea


Enzyme derived from Aspergillus niger helps those with Celiac disease (Best Syndication, CA - Jun 30, 2006)
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Celiac Disease Clinical Trials for New Enzyme – Gluten Intolerance Sufferers May be Able to Eat Bread with AN-PEP. Researchers believe that the enzyme, prolyl endoprotease, can help celiac disease sufferers digest gluten. This discovery is important because, unlike earlier attempts at using enzymes, these scientists have found that prolyl endoprotease works well in the stomach’s acidic environment.

Frits Koning said “On the basis of our results, there now is a realistic chance that oral supplementation with an enzyme can ensure gluten degradation in the stomach before reaching the small intestine, where it causes problems for people with celiac disease.” Koning is researcher at the Leiden University Medical Center, The Netherlands, who headed the team that has published a new research paper on its work.

Photo: Aspergillus niger

Click here for Enzyme derived from Aspergillus niger helps those with Celiac disease (Best Syndication, CA - Jun 30, 2006)


Cladosporium Spores May Protect Against Allergies in Children (MedPage Today, NJ - Jun 16, 2006)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CINCINNATI, June 16 — When it comes to inducing allergies in young children, not all types of airborne fungal spores are created equal, researchers here have found.

Some types of fungi, such as Apergillus, appear to sensitize children to a wide variety of allergens, while another type, Cladosporium, seemed to protect against allergic sensitization, said Tiina Reponen, Ph.D., of the University of Cincinnati.

Photo: Cladosporium herbarum

Click here for Cladosporium Spores May Protect Against Allergies in Children (MedPage Today, NJ - Jun 16, 2006)


Mold Education: Antigen specific IgE Used to Diagnose Aspergillus fumigatus allergies (Jornal de Pediatra - May/June;82(3):215-220. Epub 2006 May 26)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
[Ed. Note: This study is available in English. You will need to register to view it.]

OBJECTIVE: Allergic bronchopulmonary aspergillosis (ABPA) is a complicating factor of cystic fibrosis which can result in a devastating combination as lung disease progresses. The overlap between the signs and symptoms of the two conditions makes diagnosis problematic, even if standardized criteria are used. The objective of this study was to identify, in a group of cystic fibrosis patients, cases of ABPA by assaying IgE specific to recombinant Aspergillus fumigatus antigens and to compare the method with the Cystic Fibrosis Foundation diagnostic criteria. METHODS: Fifty-four patients, aged 2 to 20 years, presenting characteristics that could occur with ABPA in isolation, were systematically assessed based on the following: clinical data, a chest CT scan, immediate hypersensitivity skin test for A. fumigatus, total serum IgE assay, RAST for A. fumigatus and serum IgE specific for the recombinant allergens Asp f1, f2, f3, f4 and f6.

RESULTS: Thirty-nine patients were eligible for the study. Thirty-two of these were investigated. Sensitization to A. fumigatus was observed in 34%. Both the Cystic Fibrosis Foundation criteria and the recombinant antigen specific IgE assay defined three patients as suffering from ABPA; however, only two of these patients were diagnosed by both methods.

CONCLUSIONS: The detection of A. fumigatus recombinant antigen specific IgE was a useful tool for the early detection of sensitization and diagnosis of ABPA. Nevertheless, diagnostic confirmation cannot be divorced from clinical findings, and before this method can be used for ABPA diagnosis, for detecting relapses and for defining cure criteria, longitudinal studies with larger numbers of patients are required.

Photo: Aspergillus fumigatus

Click here for Mold Education: Antigen specific IgE Used to Diagnose Aspergillus fumigatus allergies (Jornal de Pediatra - May/June;82(3):215-220. Epub 2006 May 26)


$560,000 Michigan School Mold Clean-Up (MLive.com, MI - Jun 20, 2006)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Work to remove mold, and install new drywall and exterior brick at Ferry Elementary School is coming in under the $560,000 budget and on time, school officials said Monday.

And in a separate project at the Grand Haven elementary school, the board awarded roof work to a Muskegon company -- again, well under budget.

Click here for $560,000 Michigan School Mold Clean-Up (MLive.com, MI - Jun 20, 2006)


Court Mold: Two years later, work remains at federal courthouse (Sun-Sentinel.com, FL - Jul 2, 2006)
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Thomas Jefferson once wrote that delay is preferable to error. Federal authorities overseeing repairs and improvements to West Palm Beach's federal courthouse appear to be operating under that premise.

Leaking windowsills during hurricanes Frances and Jeanne in 2004 brought mold and mildew and led to the building's closure. After more than a year of work -- including the replacement of all the sheetrock as well as new paint, new carpet and a thorough cleaning -- the building appeared ready for re-occupancy in September 2005 when a pipe burst, flooding two floors. By mid-December, it looked again like the building might reopen, but a problem with the Clematis Street building's air conditioning unit was discovered.

Click here for Court Mold: Two years later, work remains at federal courthouse (Sun-Sentinel.com, FL - Jul 2, 2006)


Mold & Technology: Electronic Nose Being Adapted For Consumers (PC Magazine - Jun 27, 2006)
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Usually, the nose knows. But when it's being asked to detect the sent of explosives at a crowded airport, or even potentially toxic household mold, it's good to have an automated solution. That's why CogniScent, a developer of chemical compound detection systems, is working so hard to get their ScenTraK odor-detectors out on the market.

ScenTraK is referred to as an electronic nose. The device passes odors or ambient air across an array of broadly responsive sensors. The sensors can detect the presence of a target odor that it has been trained to search for.

Click here for Mold & Technology: Electronic Nose Being Adapted For Consumers (PC Magazine - Jun 27, 2006)


Mold & Technology: "AGENT GOLD" Mold, Termite and Wood Decay Protection; A Chemical Free Solution to a Global Problem (PR Web, WA - Jun 26, 2006)
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(PRWEB) June 26, 2006 -- Scientific and university empirical data supports claims of cedar oil and silicone as a natural termiticide, mold inhibitor and decay preventer. CedarCide Industries and Dow Corning announce the success of their joint effort in formulating "AGENT GOLD", a non-toxic solution for control of termites, mold and decay organisms that plague the International building and construction material industry.

"AGENT GOLD was originally formulated for the Hawaii PCO service industry and professional exterminators," explained Dave Glassel, CEO of CedarCide Industries Inc., a Woodlands, Texas based manufacturer of wood protection and insect control products.

Click here for Mold & Technology: "AGENT GOLD" Mold, Termite and Wood Decay Protection; A Chemical Free Solution to a Global Problem (PR Web, WA - Jun 26, 2006)


Mold & Medicine: Basilea develops broad-spectrum antifungal (Reuters - Jun 27, 2006)
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ZURICH, June 27 (Reuters) - Swiss drugmaker Basilea (BSLN.S: Quote, Profile, Research) said new data showed its broad-spectrum antifungal treatment had a promising safety profile and interacted well with other drugs, sending the company's stock higher.

Basilea said on Tuesday clinical studies presented at the International Society for Human and Animal Mycology (ISHAM) meeting in Paris showed a favourable drug-drug interaction profile for BAL8557 and demonstrated its ability to treat difficult pathogens.

 


Mold & Laboratories: North Carolina lab rated best in testing for aflatoxin (Southeast Farm Press - Jun 20, 2006)
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A North Carolina Department of Agriculture and Consumer Services laboratory topped 20 others from around the world in a recent series of proficiency tests for aflatoxin, Agriculture Commissioner Steve Troxler has announced.

Aflatoxin is a chemical byproduct of the fungus Aspergillus flavus, which can contaminate corn and other grains grown or stored under highly humid conditions. Aflatoxin can be fatal to animals and humans.

Photo: Aspergillus flavus

Click here for Mold & Laboratories: North Carolina lab rated best in testing for aflatoxin (Southeast Farm Press - Jun 20, 2006)


Mold & Technology: American Mold Guard Increases Presence on Gulf Coast (Insurance Journal - Jun 14, 2006)
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Mold prevention company American Mold Guard Inc. announced the addition of two new service centers along the Gulf Coast to aid in post-Katrina restoration and new home construction efforts.

AMG opened the new service centers in St. Bernard Parish, La., and Biloxi, Miss., to meet demand for mold prevention expertise, which has risen rapidly since the company opened its first location in New Orleans shortly after Katrina.

Click here for Mold & Technology: American Mold Guard Increases Presence on Gulf Coast (Insurance Journal - Jun 14, 2006)


Mold Professionals: Cynthia Coulter Mulvihill (Mold Litigation Consulting)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Cynthia Coulter Mulvihill Cynthia Coulter Mulvihill is a California licensed attorney, admitted to practice in California state and federal courts. She has been the editor and publisher of Monday Morning Mold (Mycology) since 2002.

Ms. Mulvihill provides consulting services to Plaintiffs and Claimants - or potential Plaintiffs and Claimants; Defendants and potential defendants; attorneys; contractors; subcontractors; expert witnesses, remediators, etc. Ms. Mulvihill consults only. Her initial 15-minute consultation is free.

Ms. Mulvihill's confidential services include, depending on who she is retained by, and when:

  • Analysis of property damage and personal injuries
  • Conducting a property inspection
  • Reviewing medical records
  • Determination of the potential for a causal link between mycological issues and personal injuries
  • Research of what needs to be done to prove -- or disprove -- property damage, personal injuries, and their causal links
  • Determination what entity or entities might have caused property damage
  • Reviewing insurance policies to determine if insurance coverage is available for the claims
  • Determination what kind of expert or experts need to be retained to prove or disprove a case
  • Preparation of expert witnesses for depositions
  • Preparation of written discovery
  • Preparation of attorneys for questioning of expert witnesses
Ms. Mulvihill's work is, in general, protected by the attorney-client and attorney work-product privileges.

 

Click here for Mold Professionals: Cynthia Coulter Mulvihill (Mold Litigation Consulting)


For Fun: Create Your Own Virtual Fireworks Show!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Choose a location -- New York, Los Angeles, a ball park, the Grand Canyon . . . then click to set off your own fireworks show.

Click here For Fun: Create Your Own Virtual Fireworks Show!


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