Ohio Panel Affirms Exclusion Of Expert Testimony On Mycotoxins MIDDLETOWN, Ohio - An Ohio appeals panel on May 12 found that a trial court properly excluded the testimony of an expert and granted judgment in favor of a condominium builder, affirming the trial court's ruling that there was insufficient evidence of a scientific link between toxin-producing molds in the property and the condo owner's "mold illness" (Heather Herzner, et al. v. Fischer Attached Homes Ltd., et al., No. CA2007-08-090, Ohio App. 12th Dist., Clermont Co.; 2008 Ohio App. LEXIS 1936). Full story on lexis.com
Louisiana Judge Finds Issues Of Fact Regarding Mold In Leased Medical Office NEW ORLEANS - A federal judge on May 12 found that issues of fact remain as to how much knowledge a property owner and manager had about extensive mold contamination in the walls of an office building when they leased it to a company for use as a medical facility (Cardiovascular Associates Inc. v. Lakeview Medical Office Building L.L.C., et al., No. 07-1126, E.D. La.; 2008 U.S. Dist. LEXIS 38543). Full story on lexis.com
Court Finds No Evidence Of Occupational Mold Exposure, Remands Case SEATTLE - A Washington appeals court on May 27 found that there was insufficient evidence to support a jury's finding that a school librarian suffered an occupational disease caused by mold at work, remanding the case against a school district for a new trial (Annette M. Shillinger v. Highline School District, No. 401, No. 60452-0-I, Wash. App., Div. 1; 2008 Wash. App. LEXIS 1244). Full story on lexis.com
Panel Affirms Ruling To Deny Teacher Compensation For Mold-Induced Allergy SPRINGFIELD, Mo. - After finding that testimony given by several medical experts supported a finding that a former teacher's alleged illness was not caused by mold in her classroom, a Missouri appeals panel on May 20 affirmed a decision to deny her compensation for occupational exposure (Deann Henley v. Fair Grove R-10 School District, No. 28565, Mo. App., S. Dist., Div. 2; 2008 Mo. App. LEXIS 692). Full story on lexis.com
California Court Affirms Default Judgment Against Buyers Alleging Mold Claims SANTA ANA, Calif. - A California appeals panel on May 28 found that summary adjudication was properly granted in favor of homeowners attempting to sell their house as part of a lease and purchase agreement, finding that the tenants, alleging mold contamination, did not comply with the statutes governing summary adjudication (Matt Whitehead, et al. v. Douglas Habig, et al., No. G037991, Calif. App., 4th Dist., Div. 3; 2008 Cal. App. Unpub. LEXIS 4338). Full story on lexis.com
Appeals Panel Finds Court Had Sufficient Evidence To Dismiss Mobile Home Case LAKE CHARLES, La. - A Louisiana appeals panel on May 7 affirmed a trial court's ruling to dismiss a homeowner's lawsuit and found that a jury was presented with two permissible expert views when it found that her mobile home was not defectively manufactured (Cynthia A. Carr v. United Homes Inc., No. 2008-02, La. App., 3rd Cir.; 2008 La. App. LEXIS 653). Full story on lexis.com
Except for an occasional asthma flare up, Caitlin Murray is a healthy, happy 5-year-old, who loves doing artwork. But three years ago, she was terribly sick, and no one could figure out why.
"She would have terrible headaches and her face was swollen and she'd throw up sometimes for seven to 10 days," Jill Murray, her mother said. "They tested her for cystic fibrosis, for leukemia, all kinds of diseases and they couldn't find anything wrong with her.
Caitlin said it was a terrible feeling.
"I was like really, really sick," she said. "I was feeling like I was going to die in a few days."
Her mother had a gut feeling that whatever was making her daughter sick was in their Pennington, N.J., home.
"We started working with the head of the diagnostic center at Children's Hospital Philadelphia," Jill Murray said. "He said 'Try it. Leave your house. That's the only way you'll know.' "
A Scary Find
In the basement, Murray checked inside a crawlspace. There was mold everywhere.
"And with that we just got out," Murray said. "We literally took the shirts on our backs and left."
Caitlin's suffering went on for three years before the girl finally felt better. The Murrays' experience is not unique. Because modern homes are more tightly sealed for energy efficiency, water — which mold needs to survive — gets trapped inside.
Modern building materials like wood, drywall, wallpaper and fabric are appealing food sources for mold, while building technologies such as synthetic stucco can leak and trap moisture inside. Home appliances including clothes dryers and dishwashers also generate water vapor, again creating the type of environment that mold can thrive on.
Concerns About Toxic Mold
"Mold spores are everywhere," said Meg Hamilton, CEO of Hamilton Thorne Biosciences. "They're in your house, in your attic, on the street, in your living room, in your kitchen. It's a question really of how much and what species." http://abcnews.go.com/WNT/story?id=131638&page=1