I am a columnist for the Warner Center News (Woodland Hills, California); my column is entitled "Legal News You Can Use". Here is my recent column on toxic mold, which summarizes the present state of the toxic mold legal landscape:
What is “toxic” mold?
Mold is a naturally-occurring fungus which serves the necessary function of digesting dead wood, leaves and other bio-refuse. In your house or business, however, you of course don’t want that function occurring on yourwood.
In addition to feeding on things like wood, mold needs water to survive. That’s why wet or damp environments inside your home or business are natural places for mold to form.
“Toxic” mold is so called because certain types of the fungus produce chemicals knows as mycotoxins. These toxins are thought by some to produce acute reactions in susceptible people, ranging, among other things, from allergies, rashes, headaches and fatigue to dizziness and inability to concentrate. However, regarding such reactions, it is generally agreed that when a person is removed from the source of the problem (the mold), the problem goes away.
The real controversy is whether toxic mold can produce “chronic” reactions-that is, reactions that don’t go away even when the person is removed from the mold exposure. Plaintiffs’ lawyers and their experts contend that toxic mold can cause asthma, rheumatoid arthritis, chronic obstructive pulmonary disease, and even cancer, among many other terrible things.
What does science say about “toxic” mold exposure?
There is significant doubt, however, regarding whether these chronic conditions are in fact mold-driven. For example, the Centers for Disease Control states on its website that, with the possible exception of asthma, a cause-and-effect relationship between mold exposure and chronic illness has yet to be proven. Moreover, neither the federal nor State government has issued any “Permissible Exposure Limits” regarding toxic mold. In 2001, California enacted the Toxic Mold Protection Act, which required that a study be done to see if such limits could be formulated. Four years later, however, the study group reported that there simply was insufficient scientific consensus to come up with exposure limits.
How have the Courts treated toxic-mold claimants?
Nonetheless, this doubt has not stopped Plaintffs’ lawyers, in some cases successfully, from trying to convince Courts and juries that their clients’ medical problems are linked to their mold exposure. There may be as many as 10,000 toxic-mold cases now pending nationwide in the Courts; the results have ranged all the way from a $32 million verdict in Texas to defense rulings in New York and other States.
If there is any unifying theme in the cases, it is that juries seem to be sympathetic to claimants where the injury appears severe and the defendant landlord, contractor, etcetera either acted indifferently to the claimant’s pleas and/or performed remedial work in a negligent fashion. With the science so much in doubt, juries may be making up for such doubt by penalizing the defendant who does not show proper cocnern. Therefore, if you’re on the receiving end of a mold claim, responding quickly, decisively and with concern may go a long way to limit your liability in any subsequent litigation.
Hello Elio,I am a student atnindetg UC Davis one of the few UC's that doesn't offer advanced courses in Solidworks nor mold design. I have a few patents pending and would like to develop my own molds partially to bring my devices to market but also to assist me in gaining admittance to the school of engineering. I have spent the past 4 weeks, 8-10 hours a day, in my office educating myself on how to design plastic parts. I am now several chapters into General Design Principals for DuPont Polymers and feel ready to begin developing my skills at mold making. Yet, as you mentioned in one of your posts, there is very little affordable documentation on the process.Would it be alright if I were to seek your guidance as a mentor while I try to learn all that I can? Question that come to mind immediately are: how does one determine the placement of ejection pins; are there limitations to their placement or quantity; why would anyone choose ejection pins over gas ejection; does one have to design the mold with ejection speed taken into account or is that dependent entirely on cooling rate?Best Regards,Paul Riggs
Posted by: Emilio | June 12, 2012 at 02:08 AM
Run an Internet search on the subject of “toxic mold,” and you are likely to find quickly that there is little middle ground on this controversial subject. Depending on where your mouse clicks take you, you will be told of the frightening, potentially fatal health effects of exposure to an underestimated menace—or you will be told of a scourge of money-grubbing lawyers and clients perverting science in the name of financial gain.
Posted by: mold inspection Toronto | June 04, 2012 at 12:37 AM
Mold can trigger an allergic reaction and asthma in sensitized individuals (repeated exposure to mold or mold spores sometimes causes previously non-sensitive individuals to become sensitized). About 15 million Americans are allergic to mold. The most common reactions are flu-like symptoms and asthma. Those with chronic lung or immune problems, are at risk for more serious reactions like fever, lung infections and a pneumonia-like illness.
Some toxic molds such as Aspergillus, Cladosporium, Penicillium, Stachybotrys, and Trichoderma produce mycotoxins capable of causing severe health problems.
When mold grows indoors in moist organic materials, building occupants may begin to notice odors and suffer a variety of health problems associated with mold exposure.
Dan with Mold removal company
Posted by: Water damage company | April 13, 2010 at 06:23 PM
Toxic molds can indeed affect your health in a very bad way, specially the respiratory tract. People who have asthma problem should be highly careful about these molds.
Posted by: DIY Mold Test | December 31, 2009 at 09:27 AM
Excellent site! Many of our inspections are now demanded by attorneys for their clients against landlords who are aware,but do nothing to fix the problem.
Posted by: mold remediation | November 28, 2009 at 01:59 PM
Molds attack the respiratory tract specially asthma is very very common with mold around in the house.
Posted by: Black Mold Removal | October 04, 2009 at 10:33 AM
A very nice article...toxic mold are hard to handle and sometimes can notbe managed without expert service.
Posted by: Home Inspector Tampa FL | September 21, 2009 at 12:29 AM
Toxic mold found at Riverstone's Jefferson Lake Apartment. Find out more at twusea.org (not Spam)
Posted by: Jeff Harwood | June 11, 2008 at 02:30 PM
I imagine there will never be PELs for mold. There may certainly be PELs for mycellar fragments, or perhaps if analyctical methods are developed then perhaps for individual mycotoxins or other mold related byproducts. PELs are going to be challenging because for most molds there is no clear dose/response curve.
It is somewhat premature though I think to suggest that there are no possible lingering health effects from mold exposure. Given what we now know about various chemicals and hazardous substance, and long lasting health effects associated with oversposure to them, it is not outside the realm of possibility to believe that mold in some case may do the same.
www.hawaiimold.com
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Posted by: Jeremy Schaefer | August 08, 2007 at 01:09 PM