11/26/05

Metro weighs whether to appeal decision awarding $76,000

Nashville, TN ? Workers around the country are losing their health due to occupational health problems and the cover-ups are unspeakable, however, justice prevailed in the case of four individuals recently in a precedence setting case. 

Chris Berry, who retired with a disability pension, and Roy Johnson, who still works for a Nashville fire department, stated that they were sick because of mold growing rampant at the hall. Just as any other workers with no recourse, they had no other alternative but to file suit in an small effort to seek justice.

Metro had claimed that the men's illnesses were because of pre-existing conditions and not caused by the relatively low levels of mold. A lawyer for the plaintiffs said he was pleased with the decision by Davidson County Circuit Court Judge Walter Kurtz.

"This was never primarily about the money," Nashville attorney John Norris said. "Firefighters put their lives on the line for the rest of us, but they expect and are entitled to a safe workplace."

Winning a mold case is not unusual, an outside legal expert said. "But it is very hard, depending on the facts, to show that a particular illness was caused by mold as opposed to some genetic precondition or some other environmental factor," Vanderbilt Law School Professor John Goldberg said.  It should also be noted that the few, prestigious experts who are willing to testify for the ill plaintiffs in this country are paid a mere fraction compared to what the defense ?experts? are paid, sometimes upwards of $40,000 a day.

In this case, the plaintiffs simply stated that their underlying medical conditions were exacerbated because of the mold. The argument that mold simply irritated underlying medical problems ? as opposed to being the cause ? is unusual, said Bill Herbert, one of Metro's defense lawyers in the case.

Herbert said Metro officials were considering whether to appeal the judge's decision. Generally mold verdicts in the plaintiff's favor are appealed until they are reduced to almost nothing so this is very common.

Metro's attorneys claimed that both men had been heavy smokers previously, had a number of allergies, and that even their own doctors found that mold was not one of the allergens. This is often the case among the uneducated; many indoor molds produce mycotoxins, not allergens.  Mycotoxins, given enough time, will poison anyone under the right conditions.

The government also argued that air quality tests in the West End fire hall showed higher concentrations of mold outside the building than inside. Judges across the country have appeared to be showing a bias against mold plaintiffs in many court cases.  Experts have questioned if this is due to the moldy courthouses they are they allegedly trying to cover-up, or possibly protecting their influential supporters.  In this case, many wonder if any bias was made with such a clear cut case.    

Kurtz, who issued on opinion on Oct. 21, was heavily influenced by the doctors who testified for the firefighters.  "(Johnson) had a pre-existing condition of chronic sinusitis and chronic obstructive pulmonary disease," Kurtz wrote in his opinion. "The mold-moisture at the fire hall aggravated his symptoms."

He made a similar finding for Berry. The judge also faulted the city for failing to do anything about conditions at the fire hall.  "Metro was on notice that the problems at the West End fire hall were causing problems with its workers," Kurtz said. "Metro did not respond to those complaints in a reasonable manner and the court finds that this inaction was negligent."

Both firefighters claimed they were made sick on the days they worked with symptoms of sinusitis, headaches and shortness of breath.  97% of all cases of sinusitis are attributed to fungal exposure, according to the Mayo Clinic, and can easily be treated with antifungals by a knowledgeable physician.  Berry, 51, had been with the Nashville Fire Department since 1978.

During the trial, Berry testified that he first noticed a moisture problem in the building sometime around the mid-1980s.  The walls, floors and bedding in the sleeping area were wet all the time, he said.

That was also about the time that he said he noticed sinus problems. His problems got worse over the years, even after the Fire Department moved dehumidifiers in the building in the early 1990s, which would have basically done nothing to help.

Several other previous and current firefighters also testified of problems with mold and humidity and said there had been a number of complaints about the building.

The fire hall, at 3911 West End Ave., recently underwent a renovation that cost more than $1.8 million.  The problem is that corners are often cut, work is slip-shod, and the profit margin is more important than preventative maintenance.  It is beginning to show in buildings all over the United States.

Metro officials did not say mold was the reason, only that it was the first of several fire halls that underwent renovation after a study showed that many were in need of repairs, renovation, closing or consolidation.

There has been a proliferation of mold lawsuits nationwide in the past few years as people become sick from mold, losing their homes and health from this scourge. An American Bar Association Journal article predicted that mold could be "gold" for plaintiffs' lawyers.  This is quite the contrary as the insurance industry spends millions of dollars each year on defense costs for each thousand dollars any fortunate plaintiff attorney receives in justice.  The cost of trying these cases is exorbitant for most who have lost everything, and it is extremely stressful on the people affected.

In 2001, a Florida jury ordered the builders of a county courthouse to be infested with mold to pay $14.2 million.  It is sad that more courthouse administrators are not more proactive about mold and caring about their employees.

In these cases, scientific experts disagreed about whether mold can make one sick, often depending on their financial interests, ethics, or education.  Still, some doctors are just plain ignorant about it, but it is rare.  Does mold make people sick?  "The short answer to that question is, yes, it does," said Aaron Milstone, medical director of the lung transplant program at Vanderbilt University Medical Center. Mold is a well-described source of infections, he said.  There are thousands of scientific papers documenting the permanent neurological, pathological, immunological, and psychological damage that mold can cause.

"I guess my message is, if you're susceptive to mold and if you can see the mold, you have the potential for health risk," he said.  The problem, according to Dr. Ritchie Shoemaker, ?80% of all mold patients will tell you there is no visible mold in the sites that make them ill.?

Therefore, awareness of one?s health and previous environmental exposure is so very important.  When one suffers from ?allergies? generally means your body is trying to tell you something more serious, and further investigation by a skilled medical expert who is willing to advocate for your health and not simply treat your symptoms is crucial.  Allergies can often misdiagnosed as something much more serious that many outmoded doctors do not understand.  Ensure you find a health-care practitioner who understands your needs accordingly.