12 Adenovirus Deaths While Inhabiting Moldy Environments. Request to CDC for Better Health Advisories.

November 30, 2018

Dr. Robert Redfield, Director
CDC/ATSDR
1700 Clifton Rd NE
Atlanta, GA 30329

Copies to: Alex Azar II, Secretary of DHHS; U.S. Senators Lamar Alexander & Patty Murray, Chair & Ranking Member Senate HELP; U.S. Senators Dianne Feinstein & Kamala Harris (CA); CA Attorney General Xavier Becerra; and the Board of Directors of the Association of Occupational and Environmental Clinics (AOEC)

Re: Twelve recent deaths from the adenovirus while inhabiting “moldy” environments. [1] Please educate U.S. physicians of the potentially lethal synergistic-risk for vulnerable populations.  (in pdf form)

Dear Dr. Redfield,

      Various news outlets are reporting that experts, including from the CDC, are promoting the concept that there is no connection between mold and the adenovirus. [2, 3] With all due respect, this is a half-truth and half-truths are the same as lies. This particular lie can cause more deaths in the future if U.S. physicians continue to be misinformed by experts’ half-truths.

       It is true that mold is not known to be a cause of the adenovirus. However, it is untrue that there is no known probable causal connection between excessive mold exposure and deaths from respiratory infections, particularly among vulnerable sub-populations. [4, 5]

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[1] 10/09/15 As defined by the State of CA Health & Safety Code 17920(j) “Mold” means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.”
[2] 11/26/18 Health.com “Dad Blames Dorm Mold for Daughter’s Death from Adenovirus—Here’s What an Expert Says” quoting Albert Rizzo, MD, chief medical officer at the American Lung Association, “Dr. Rizzo says there is no direct relationship between adenovirus and mold….”
[3] 11/21/18 Washington Post “No ‘consistent connection’ between mold problem and adenovirus infections, U-Md. Says” quoting the CDC as “Similarly, the U.S. Centers for Disease Control and Prevention said no link exists between mold and adenovirus.”
[4] 2005 CDC “Population-Specific Recommendations for Protection from Exposure to Mold in Flooded Buildings by Specific Activity and Risk Factor” “Affected individuals should consult with their physicians before entering the affected area…Includes immunosuppressant drug therapy, such as cancer chemotherapy, corticosteroid, or other immunosuppressive drug therapy; and diseases impairing host defense….” 
[5] 2006 CDC “Mold Prevention Strategies and Possible Health Effects in the Aftermath of Hurricanes and Major Floods “In general, persons who are immunosuppressed are at increased risk for infection from mold. Immunosuppression can result from immunosuppressive medication, from medical conditions and diseases that cause immunosuppression..”

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        It is public knowledge that many have become ill with the adenovirus, but only twelve youths have reportedly died from it in the recent months. It is public knowledge that all twelve had underlying conditions which weakened their immune systems and that all twelve were inhabiting moldy environments at the time that their newly acquired viral infections turned deadly. [6, 7, 8, 9]

        If U.S. physicians are not informed of the plausible synergistic cause of death (weak immune system + respiratory virus + mold) they are going to continue to treat their most vulnerable patients for the adenovirus and other respiratory infections while incautiously leaving their patients living and working in mold. More fatalities could occur.

       As such, U.S. physicians being misinformed by experts’ half-truths is the most plausible cause of viral illnesses such as the adenovirus ultimately causing demise of patients, who are not being warned by their doctors to stop living and/or working in mold.


[6] 11/16/18 NBC News “Death toll rises to 11 children in adenovirus outbreak at New Jersey rehabilitation center”The child had been a resident at Wanaque Center for Nursing and Rehabilitation in Haskell, one of 34 children who became ill between Sept. 26 and Nov. 12 after being ‘associated’ with an adenovirus outbreak, state health officials said. The adenovirus can cause a range of symptoms and illnesses, including cold-like symptoms, pneumonia and sore throat. It can be severe for people with certain respiratory diseases or weakened immune systems, according to the Centers for Disease Control and Prevention.”
[7] 10/28/18 New York Post “Worker offers glimpse into ‘filthy’ medical facility where kids died of adenovirus” “The employee at the Wanaque Center for Nursing and Rehabilitation — who requested anonymity because of concerns about retaliation from higher-ups — described dirty rooms, old and rusty equipment, mold, and poor upkeep to NJ.com.”
[8] 11/27/18 CBS News “Parents of Maryland student who died say health center didn’t test for adenovirus” “The CDC has not indicated that there’s any link between mold and adenovirus. The university says on its website that ‘it appears that there is no consistent connection between mold exposure and the incidents of adenovirus infection affecting UMD students.’ Olivia [decease U of Md student] was diagnosed with Crohn’s disease before coming to college and took medication, which her father says weakened her immune system. Within weeks of starting school, he says Olivia began expressing concerns about mold in her dorm room in Elkton Hall.”
[9] 11/27/18 Baltimore Sun “Maryland students, parents complain university hasn’t done enough to combat mold, adenovirus” After mold sickened students and forced the evacuation of a dorm early in the semester, a surge of adenovirus struck the campus, infecting at least nine students and killing one. Students and parents say they’re frustrated and frightened. Health problems began early in the semester for students like Kristian Moller, an 18-year-old freshman, who began coughing about three weeks after moving into Easton Hall. By mid-November, he was hospitalized at Calvert Health Medical Center with pneumonia.”

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        The CDC has multiple avenues to relay needed health advisories to U.S. physicians and to the public. One way is by use of the CDC Health Marketing Department. [10]

        Another way is by use of non-government organizations (NGO). CDC/ATSDR claims to have a “perfect partnership” with the Pediatric Environmental Health Specialty Units. (PEHSU). [11]  NGO PEHSUs are located within the medical clinics of the NGO Association of Occupational and Environmental Clinics (AOEC). AOECs and PEHSUs are located at medical schools throughout the United States. CDC could easily direct an e-blast advisory via PEHSU/AOEC to their physician members, including university-affiliated clinic physicians.

         One of the recent deaths was a freshman living in a moldy dorm at the University of Maryland. She was reportedly taking immune system suppressive steroids for her underlying Crohn’s disease. She newly-acquired the adenovirus. News reports state that she was at Johns Hopkins at the time of her death. The University of Maryland School of Medicine and Johns Hopkins University both host AOECs. [12]

        The CDC has known of the increased risk of mold exposure for sub-populations (such as those including this young girl and the eleven additional deceased) for no less than thirteen years. (See fn 4 & 5) As such, there is no justification that in the future, physicians affiliated with these universities and clinics would not being properly educated to the potential lethal effects from excessive mold exposure for immune-weakened sub-populations.


[10] CDC “Health Marketing is a multidisciplinary area of public health practice. Drawing from fields such as marketing, communication, and public health promotion, health marketing provides a framework.. that can be used to guide work in public health research, interventions, and communication campaigns.
[11] 10/05/16 CDC blog “A Perfect Partnership: Pediatric Environmental Health Specialty Units” “How do you bridge the gap between the growing concern over environmentally related pediatric health problems and the fact that many physicians feel inadequately educated to address such concerns? Between what parents would like to know about environmental effects on their children’s health and the need for a trusted source of objective, science-based information? With a pediatric environmental health specialty unit (PEHSU)”
[12] Locations of PEHSUs & AOECs

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          Inconsistent messaging and half-truths when mold is a potential contributing factor to causation of illnesses and deaths is a long-standing, ongoing federal inter-agency problem. [13] The underlying problem stems from conflicted interests among government agencies, some of their NGO policy-writing partners, and mutual financial interests in denying liability for causation of mold-induced disabilities and deaths. Toxic tort defense attorneys at government agencies, including the federal government, rely on NGO policy-setting experts to serve as their expert defense witnesses in mold litigations.

        Several of the policies that have been set by NGO partners have been designed to match defense testimonies that are purposed to stave off liability for causation of disabilities and deaths. Some of these same NGO experts, who serve for government attorneys, also serve for private sector defense attorneys. This occurs primarily when they are hired by toxic tort defense attorneys who are retained by insurers of water damaged buildings. [14]

      University-affiliated-physicians, who have authored flawed policies for NGOs, generate personal income as expert defense witnesses in mold litigations. For years, universities themselves have been generating income from the flawed expert defense witness opinions in mold litigations, legitimized by flawed policies penned by their physician employees. [15,16,17]

        Like the government agencies and private sector insurers, some universities have avoided liability for their negligent acts causing mold-related disabilities and deaths via university-income-generating naysaying expert opinions being written into policies and used in courts. [18]

        It is a dishonest-double-dipper of simultaneously saving financial liability when…..…. generating income from half-truths and lies purposed to be used in courts. The double-dipper is recklessly leaving U.S treating-physicians in the dark of how to appropriately treat their immune-system-challenged patients when they are exposed to mold.


[13] 10/15/08 Federal GAO “Indoor Mold: Better Coordination of Research on Health Effects and More Consistent Guidance Would Improve Federal Efforts” “As a result, the public may not be sufficiently advised of indoor mold’s potential health risks.”
[14] 1/10/07 Wall Street Journal Amid Suits Over Mold Experts Wear Two Hats, Authors of Science Papers Also Cited by the Defense in Mold Litigation” “The paper [by Bruce Kelman, ex-CDC employee Bryan Hardin, and Andrew Saxon of UCLA] has become a key defense tool wielded by builders, landlords and insurers in litigation. It has also been used to assuage fears of parents following discovery of mold in schools. One point that rarely emerges in these cases: The paper was written by people who regularly are paid experts for the defense side in mold litigation…The dual roles show how conflicts of interest can color debate on emerging health issues and influence litigation related to it” 
[15] 3/17/15 Environmental Health Perspectives “A Standard of Knowledge for the Professional Practice of Toxicology” by Janis Hulla U.S. Army Corps of Engineers; Lewis Kitner AstraZeneca Pharmaceuticals; and Bruce Kelman Veritox, Inc.” “The ABT [American Board of Toxicology] Board of Directors recently elected to update its professional Standard of Knowledge. In developing the updated Standard, the Board members empowered a committee of currently practicing toxicologists to design and implement a process to return information useful in defining the skills and knowledge taught in academic institutions and acquired through the professional practices of toxicology.” https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4529009/
[16] 2/15/06 USDOJ hired Bruce Kelman of Veritox, Inc. as an expert defense witness in a military housing mold litigation. (see his expert report) The USDOJ has hired Veritox principles as expert defense witnesses in toxic torts for over fifteen years and have paid them over $1M.
[17] 11/05/18 Business Insider “U.S. senators, citing Reuters report, demand fixes in military housing” “Two U.S. senators [Feinstein & Harris] on Monday called on the Department of Defense and one of its largest landlords to fix housing hazards documented by Reuters at military bases nationwide, including a Marine compound in southern California [Camp Pendleton, San Diego].”
[18] (See fn 14, WSJ article) “Two other medical societies have also published statements on mold written, in part, by legal defense experts… The paper’s third author was Andrew Saxon, then chief of clinical immunology and allergy at the medical school of the University of California, Los Angeles. He, too, has served as a defense expert in numerous mold suits. Dr. Saxon says he is paid $510 an hour for his help. If called to testify in court, his rate rises to $720 an hour, according to a deposition he gave. Until he retired from UCLA in September, money he earned as a legal-defense expert was paid to the university, and he says UCLA then gave him a little less than half of it. Dr. Saxon estimates he generates $250,000 to $500,000 a year from expert defense work, which includes non-mold cases.”

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        This paragraph is directed to CA Senators Feinstein and Harris, along with CA Attorney General Becerra: Agnotology is the study of culturally induced ignorance or doubt, particularly by the manipulation of scientific data. The agnotology of the mold issue has been proven and publicly exposed over and over again. The health hazards caused by the financially beneficial data manipulations in institutions of higher education and compromised NGOs will not be completely eradicated from U.S. public health policies, physician educational materials, claims handling practices, and mold cases nationwide — without your interventions to stop the continuing honest services frauds in the State of California. (See fn.14,16-18, 20-22)

           From studying the agnotology of the mold issue and lobbying for changes in health marketing for over fourteen years, I know that financially driven conflicted interest is the primary bottleneck which is deterring appropriate U.S. physician education by the federal government and several of its NGO partners. The agnotology strongly appears to have contributed to the recent deaths by causing lack of U.S. physician awareness of risk. [19, 20, 21]


[19] 1/12/16 Request to CDC & EPA to cease marketing a litigation defense argument (via NGO partners) as public health advisories over mold induced illnesses. “People are experiencing chronic fatigue, multi-system/multi-symptom inflammations, and newly acquired environmental intolerances after exposure to Mold. They can get no help from US physicians, who have had it crammed down their throats by CDC funded “nonprofits” that it is proven the disabled are liars, mentally ill, and/or scammers. The cost to society as a whole is in the billions.”
[20] 5/15/10 Request to the Regents of the University of California by physicians, researchers, industrial hygienists and advocates to cease enabling the UC name to be improperly used by the defense in U.S. mold litigations and in companion flawed policies.   **I am aware that as of November 2018, Dr. Andrew Saxon still promotes that he is affiliated with the UC when testifying for the defense in U.S. mold trials, purposed to lend credentialed credibility to his words.**
[21] 2/5/07 Report to Federal GAO “CDC The Outsourcing of Environmental Medicine” by JoEllen Perez and Sharon Kramer” “The Centers for Disease Control and Prevention is giving millions of dollars to private medical associations to research and educate physicians about environmental illnesses. Who, if anyone, is providing government oversight?”

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       Given that all twelve of the recent atypical deaths from adenovirus have the common denominators of underlying chronic conditions and inhabiting moldy environments at the time of their deaths; and given that moldy environments and immunocompromising-vector-borne diseases are on the rise due to temperature changes, increased floods, hurricanes, and fire-fighting measures; please promptly practice the precautionary principle to protect the public’s health, safety and lives in the future.

         Please get the whole truth (based on CDC current accepted science fn. 4 & 5) to U.S. physicians of the risks posed by mold, plausibly contributing to deaths among the immune-weakened; and the need for physicians to advise their vulnerable-population-patients to avoid inhabiting or working in environments with excessive mold in the future.

         Thank you for your prompt attention to this matter.

Sincerely,
Sharon Noonan Kramer
Advocate for Integrity in Health Marketing [22]


[22] 10/4/18 “The Toxic Judgment” I have a BBA in marketing from Ole Miss, 1977. In 2005, I publicly exposed how junk science was being mass-marketed into public health policies and physician educational materials for the purpose of staving off liability for causation of disabilities and deaths in U.S. mold litigations. For ten years, the CA courts have been framing me for libel with a void judgment that fraudulently does not state by decree that a jury found I was not guilty of libeling Veritox, Inc. In June 2018 the courts backdated a fraudulent entry into the electronic case file to facilitate the renewal of the void judgment. This is intended to keep the fraud that I exposed (subject of this letter) going by criminal means for another ten years. This is how I know that the CDC, other federal & state agencies along with federal & state legislators and courts need to do a far better job of protecting the public’s health and safety from the deeply-rooted agnotology in the mold i$$ue. “The Toxic Judgment is a three-hour video which explains and provides direct evidence of the ongoing problem in detail.
Posted in Centers for Disease Control and Prevention, Civil Justice, Environmental Health Threats, Fourth District Division One Appellate Court, Health - Medical - Science, Mold and Politics, Toxic Mold | Tagged , , , , , , , , , , , , | Leave a comment

On Nov 6th please vote NO retention of five San Diego Appellate Justices


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Video: “The Toxic Judgment, Veritox v. Kramer” published on October 4, 2018

by Sharon Noonan Kramer

I am a forty–year resident of San Diego County. I have a degree in marketing and am a medical journal published author re: conflicts of interest when setting environmental public health policies throughout the United States.

In 2005, I published a writing on PRWeb that exposed how junk science (a bogus risk assessment model concocted by dishonest toxicologists) was being mass-marketed into policies for the purpose of causing insurer fraud in U.S. claims handling practices and toxic torts.  It is a multi-billion dollar scam.

The above named justices have worked in concert with other local judges, justices, their clerks and attorneys to frame me for libel for my 2005 writing, to keep the insurer fraud scam going from coast to coast.  Since 2008, the legal document they use to frame me is the Toxic Judgment.

It fraudulently does not state by decree that the 2008 jury found my 2005 writing did not libel the unethical-toxicologists who are the owners of the corporation, GlobalTox, Inc. (now Veritox, Inc.). Nor does the Toxic Judgment state that I was awarded costs as the trial prevailing party.

Veritox owners are the creators of the bogus risk model that my 2005 writing exposed is smoke & mirrors junk science.  They are prolific toxic tort expert defense witnesses hired by attorneys who are retained by insurers throughout the United States. They are federal contractors of the United States Department of Justice & Department of Defense. They are public policy setters.

The next time that their scam (that I exposed in 2005 & the local courts have been framing me for libel to keep it going ever since) was written of, it was on the front page and above the fold of the Wall Street Journal in 2007.

I am one of hundreds of California citizens who worked together from 2016 to 2018 to cause the California legislature to direct the State Auditor to audit the judicial branch’s toothless watchdog, the Commission on Judicial Performance (CJP). Many know of judicial crimes (“case-fixing”) going unpunished throughout the state.  The AUDIT began earlier this month.

Demonstrating no fear that the CJP or State Auditor (or anyone else) will ever cause them to be held accountable for case-fixing to cause the continuance of the multi-billion-dollar insurer fraud scam based on Veritox’s junk science; the case-fixing with the Toxic Judgment involving the above named justices, audaciously rages on in the San Diego courts.

In June of 2018, I caught the North San Diego County Court records department backdating a fraudulent entry into the case’s electronic record. The false entry was needed and used to facilitate the renewal of Toxic Judgment, so it can criminally remain in effect for ten more years. This is so the local courts can continue to use it to frame me for libel and harassment on behalf of the owners of Veritox and their attorney clients — who rely on the junk science that I exposed to win their toxic tort cases.

All of the above and more is documented in “The Toxic Judgment“. One may fast-forward and jump around in the above-linked video. Beginning at one hour twenty-four minutes in, one may see the video clip of me orally reporting on February 9, 2017, this ongoing CJP unpunished judicial case-rigging with the Toxic Void Judgment.

Who I was reporting the collusive judicial crime to, is California’s Chief Justice Cantil-Sakayue and Attorney General (AG) Xavier Becerra.  In the public’s best interest, I was trying to stop involved Judge William Dato from being promoted to the position of associate appellate justice in the Fourth District Division One Court of Appeal.

Indicative of how pervasive the problem really is with no fear of ever being held accountable, the Chief Justice and Attorney General cracked jokes about “harmless error” with one of the other local judges involved, Judge Joel Pressman (now retired). The room filled with judges, justices and their clerks laughed hysterically at the poor taste jokes — including some of those named above. This is documented by video clips, too.

Over my objections and with no questions asked of him regarding his role in the ongoing case-fixing with the Toxic Judgment to defraud the public, Judge Dato became Justice Dato on February 9, 2017.  In February of 2018, he was appointed by the Chief Justice and the CA Supreme Court to serve as a Commissioner of the CJP (the state’s toothless and compromised judicial watchdog).

As “The Toxic Judgment” shows, many know of the disturbing above-the-law mentality in California’s courts with no fear of ever being held accountable.  Willful legal errors when case-fixing to knowingly devastate thousands of lives and rob taxpayers in the process, are not funny errors nor are they “harmless errors”. Nor should they be rewarded by voter-retention of judicial office.

We can do better!

Please help to take a bite out of judicial above-the-law mentality in California.

Vote NO retention of the “HI-BAD” Appellate Justices in San Diego

Posted in Civil Justice, Environmental Health Threats, Fourth District Division One Appellate Court, Health - Medical - Science | Tagged , , , , , , , , , | Leave a comment

San Diego courts caught backdating fraudulent electronic case records.

I cannot even believe how dirty the CA courts are, with no fear of ever being held accountable.  In June of 2018, I caught them backdating fraudulent entries into the electronic case-file (the Register of Action (ROA) and the Case History).

They had to do it in order to criminally renew the void judgment they have been criminally harassing me with for ten years.  The Supervisor of the North San Diego Superior Court records dept told me on August 31, 2018, that they were “directed” to do it.

This is the Void Judgment that I have been screaming about for TEN YEARS b/c it’s the document that they have used to frame me as libeling the owners of Veritox, Inc. (formerly GlobalTox, Inc.) for my exposing their gov’t backed junk science in U.S. Toxic Mold litigations in 2005.

The courts and Veritox’s attorney, Keith Scheuer, created this Void Judgment ten years ago via Mr. Scheuer concocting it and two court deputy clerks falsifying court documents and electronic case files in late 2008 early 2009.

Most people seem to think that the August 2008 jury found that I was guilty of libeling this corporation that is co-owned by ex-CDC NIOSH deputy director, Bryan Hardin.  But the jury found I was NOT guilty of libeling Veritox.   The courts have just been falsifying court documents and electronic records to make it appear that way, including the case’s judgment that they just renewed via fraudulent ROA entries.

Judgments have to be renewed every ten years to remain viable and they have to be supported by the ROA to do it.  So the San Diego Superior court just criminally renewed this one from 2008 by corrupting the ROA with a fraudulent, backdated entry — which means they just took a thirteen year fixed SLAPP suit that began in 2005; and criminally turned it into a twenty-three years fixed SLAPP suit that will keep going until 2028.

They don’t give a damn about justice or the people  — and they know no one prosecutes judges and clerks who case-fix together.  (Just ask Attorney General Becerra if that statement is not correct.  He LIED TO ME ON VIDEO with the Chief Justice sitting right next to him on February 9, 2017 when he said his CADOJ would investigate this ongoing epic crime).

Their audacity is truly amazing.  Even with being caught in June 2018, backdating more fraudulent entries into the ROA before they renewed the void judgment on July 17, 2018, they went ahead and did it.

Why not?  The CA Attorney General’s office is useless at stopping the rampant judicial corruption problem plaguing our courts.  Most people don’t know this, but when judges and branch employees get sued in federal court for case-fixing together — the CA Attorney General become the defense attorney of record.  The CADOJ then uses the public’s tax-dollars to pay for the defense of the public-cheating judges and those who aid and abet them.

I swear on my father’s grave that I think the California judicial branch is more proficient than the Mafia when it comes to organized crime; and the California Attorney General’s office (and your tax dollars) are used to enable them.  No Joke.

So, what is a girl (who can’t stand to watch people lose all they own and some die from the cronyism)  to do?  I guess I will just keep screaming and writing of what feels like a life-sentence of judicial gang banging, until someone grows a conscience and makes it stop.

 We are going again on Oct 5, 2018 because I can under the law.  I am NOT shutting up or putting up with this crime for another ten years while having to watch people lose everything they own and some die from the newly renewed toxic void judgment.

I have asked San Diego Superior Court CEO Mike Roddy and San Diego Presiding Judge Peter Deddeh to get those fraudulent entries out of the electronic record (the Register of Action (ROA) and Case History) before the 5th, so Judge Earl Maas III is forced to lawfully vacate the newly renewed void judgment. This is the fraudulent little document that greatly harms THOUSANDS of people from coast to coast and continues to criminally harass me under the color of law for refusing silence of the relentless case-fixing.

I am not kidding one iota when I say that they can make pedophile priests look like choir boys when it comes to feigning respectability while abusing their power to hurt people and CYA for each other.

Priests can only screw their victims one or two at a time.  In this matter alone, the CA judicial branch has screwed thousands of people at once with one fraudulent court document (and a few fraudulent electronic case entries to hide and enable it).  They just put it in writing that they are going to continue to do it for the next ten years, if someone doesn’t stop them.

Here’s (a minute portion of) the proof:  In the matter of Bruce J. Kelman & GlobalTox, Inc. v Sharon Kramer, Case GIN044539 North San Diego County Superior Court.  Hearing date, October 5, 2018 at 1:30 PM in Dept 28.

September 12, 2018 Notice and MOTION TO VACATE THE RENEWED VOID JUDGMENT BY CORRUPTION OF THE ROA.

18.09.12 Motion

Sharon Kramer

 

Posted in Environmental Health Threats, Fourth District Division One Appellate Court, Health - Medical - Science, Mold and Politics | Tagged , , , , , , , | Leave a comment

TOXIC MOLD: CA Dept of Health QUIETLY Stops Marketing Litigation Defense Argument

PUBLIC SERVICE ANNOUNCEMENT

          The State of California is no longer referring physicians to the American College of Occupational and Environmental Medicine’s “Adverse Human Health Effects Associated with Molds in the Indoor Environment” for guidance of how to (mis)treat mold injured Californian, including workers.

         Commonly referred to as the ACOEM Mold Statement, the paper was authored in 2002 by toxic tort expert defense witnesses – toxicologists Bruce J. Kelman, PhD and Bryan D. Hardin, PhD of GlobalTox, Inc. (now Veritox, Inc.); along with Andrew Saxon, MD of UCLA.

          It was promoted as ACOEM’s position statement on the illnesses caused by exposure to mold in water damaged buildings (WDB); as an “Evidence Based Statement”; and as the scientific understanding of ACOEM’s thousands of occupational physicians (aka workman’s compensation doctors who decide if workers’ claims of on-the-job-injuries from contaminated WDB will be covered by workcomp insurance).

          In November of 2005, then California Governor Arnold Schwarzenegger endorsed that California physicians could refer to the ACOEM Mold Statement for guidance.   This was via a state publication titled “Mold In the Indoor Workplaces”. It may still be found on private sector websites in its original form.  https://www.slideshare.net/BlackMoldRemovalPro/california-mold-in-the-workplace

It’s first and fourth pages read as follows in relevant part:

HESIS 2005  HESIS 2005 2.png

          Sometime within the last two years the document was changed without dating the change — making it appear that the State of California never endorsed the ACOEM Mold Statement.  As seen on the California Department of Health website, the document now looks like this on its first and fourth pages with reference to ACOEM for guidance, omitted:

https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/OHB/HESIS/CDPH%20Document%20Library/molds.pdf

HESIS 2016

HESIS 2016 2

 

 

 

 

 

 

 

How I know California’s “Mold in Indoor Workplaces” was quietly changed within the last two years.

          On March 9, 2015 WorkCompCentral published an article by Ben Miller titled “ACOEM Takes Down Position Paper Commonly Used To Defend Against Mold Claims” In most relevant parts the article states,

The American College of Occupational and Environmental Medicine appears to have retired a controversial position statement on mold that critics say has been used to deny workers’ compensation claims for more than a decade.

The position paper, titled Adverse Human Health Effects Associated with Molds in the Indoor Environment, essentially stated that mold is not likely to cause many of the illnesses that employees mark down as job-related on workers’ compensation forms, according to mold activist Sharon Kramer.

The paper no longer appears on the organization’s website. A search for previous versions of ACOEM’s policies and positions page using WayBack Machine – a website that takes snapshots of web pages and preserves them so users can compare changes later on – shows the paper appearing no later than Dec. 29.

ACOEM representatives did not respond to multiple requests for comment. But Kramer told WorkCompCentral in an interview last week that Michael Hodgson, medical director for the U.S. Occupational Safety and Health Administration, received a statement from ACOEM’s publications director [Marianne Dreger] last year that the organization would sunset the position paper in early 2015.

Kramer said the sunsetting that appears to have occurred takes away any weight the paper might hold as a defense against workers’ compensation claims where the claimant is seeking benefits for mold-related illness.

“It’s sort of damning for anybody who tries to use that in court because they basically said, ‘Eh, this [is] no longer our understanding,’” Kramer said.

Kramer said the position statement was first published in 2002, then revised in 2011. Neither paper, she said, acknowledged mounting evidence supporting that mold can cause respiratory problems and inflammatory responses in the body.

It was a litigation defense argument right from the get-go,” she said.

Ritchie Shoemaker, a mold researcher who has testified in more than 200 court cases related to mold illness, said the ACOEM paper was ubiquitous in litigation for many years.

“After 2003, there were no cases that I participated in where defense did not quote ACOEM,” he said.

Mold inhalation causes reactions of varying degrees, depending on the individual, Shoemaker said, and can present itself in an array of symptoms – confusion, memory problems, numbness and tingling, tremors, respiratory problems and even joint problems that look like rheumatoid arthritis at first glance.

“It’s fascinating to see the diversity of inflammatory responses that we have,” Shoemaker said. That position has been supported in literature from the World Health Organization as well as the National Institute of Occupational Safety and Health.

Shoemaker said there are several ways to show that a patient has been exposed to the inhalation of mycotoxins, which mold produces. Blood samples, brain imaging and soon genetic tests can all be used to show a “fingerprint” that only mycotoxin inhalation produces, he said….

Shoemaker said that even though the ACOEM paper appears to have been sunset, he expects it to continue cropping up in court because ACOEM was the last organization to hold the position that mold inhalation wasn’t likely to cause medical problems.

“They don’t have anything else,” Shoemaker said. “The British were throwing rocks at Washington as he crossed the Delaware River because the Hessians were too drunk to fire their muskets.”

           Dr. Shoemaker is right.  “Adverse Human Health Effects Associated with Mold in the Indoor Environment” is still used in litigation as a deceitful weapon against the sick, disabled and dying. It is used by high-paid toxic tort defense expert witnesses and the defense attorneys retained by insurers who hire them.  It is frequently discredited, but the experts are paid — win or lose; and it still serves to delay justice for the mold-disabled.

          The only reason they are able to still use the junk science, is because even though ACOEM sunset it as a position statement in 2015, they never retracted it from publication in the Journal of Occupational and Environmental Medicine (JOEM).

           For a greater understanding of how the ACOEM Mold Statement has been (and still is) used to greatly harm people, please read the January 10, 2007 Wall Street Journal article titled “Amid Suits Over Mold, Experts Wear Two Hats, Authors of Science Paper Often Cited by the Defense Also Help in Litigation” by David Armstrong.  A couple of key quotes:

Dr. Craner maintains, is that “a lot people with legitimate environmental health problems are losing their homes and their jobs because of legal decisions based on this so-called ‘evidence-based’ statement.”

The paper’s authors say their conclusions are validated by the Institute of Medicine’s paper. But the author of the Institute paper’s mold toxicity chapter, Harriett Ammann, disagrees, and criticizes the ACOEM paper’s methodology: “They took hypothetical exposure and hypothetical toxicity and jumped to the conclusion there is nothing there.”

          Because I was aware that the paper “Adverse Human Health Effects Associated with Mold in the Indoor Environment” was still being promoted by the CA Department of Health and Industrial Relations Board in late 2015,  and that it was still being used against mold injured workers to deny their workcomp insurance claims; I contacted an associate who I knew had worked in setting policies over this issue for many years.

          On December 8, 2015 this person sent me a reply email that said (redacted) “Ms Kramer- I have added a few generally favorable comments and forwarded your email to a friend at the CA Dept of Public Health.”  [I have no idea who this wonderful CDPH person is. My associate did not tell me.]

Two weeks later, my associate sent me another email that said (redacted) “Ms Kramer – Here is the response I received from my friend at CDPH. Happy Holidays, XXXX —

       XXXX, thanks for your email. It was good to chat…A few responses below.

https://www.cdph.ca.gov/programs/IAQ/Documents/moldInMyWorkPlace.pdf

Molds in Indoor Workplaces

Physicians can refer to the American College of Occupational and Environmental Medicine (ACOEM) statement, Adverse Human Health Effects Associated with Molds in the Indoor Environmentwww.acoem.org/guidelines/article.asp?ID=52.

I checked, and the webpage for the Occupational Health Branch, HESIS at CDPH still does  refer to the ACOEM position paper, which I always thought was not a good document for various reasons.  However, it seems that the link is dead and will not connect. 

          So that’s how I know California’s “Mold in the Indoor Workplace” was not edited any earlier than 2016 to cease marketing the litigation defense argument that was concocted in 2002 by the prolific expert defense witnesses at Veritox, Inc. — Bruce Kelman and Bryan Hardin — along with Andrew Saxon of UCLA.

        This Public Service Announcement is another nail in the coffin of the epic insurer fraud scam, based on the junk science of Veritox, Inc., that it’s allegedly proven mycotoxins in water damaged buildings cannot plausibly reach a level to harm anyone.

Sharon Noonan Kramer

snk1955@aol.com

 

 

 

 

 

 

 

 

Posted in Health - Medical - Science, Mold and Politics, Mold Litigation, Toxic Mold | Tagged , , , , , | Leave a comment

Veritox & Cal Courts still harassing me w/fraudulent court docs to keep their junk science in U.S. mold litigations.

Sharon Noonan Kramer

Snk1955@aol.com

                                                                      May 14, 2018

 

William Litvak, Esq.

Dapeer, Rosenblit & Litvak, LLP

Los Angeles, CA 90064

(by Fax) (letter in pdf form) (attached exhibits)

Dear Mr. Litvak,

RE: Tell your clients at Veritox, Inc. to cease criminally harassing me with backdated void judgments and backdated, interest accruing liens that are purposed to keep their junk science in U.S. mold litigations.

     Thank you for your notice that you will be substituting in as counsel in Case No. GIN044539. Upon receipt of your substitution notice on Friday, I called your office. I spoke to a woman named Caroline. She tells me that you will be representing Mr. Kelman while seeking to reinstate the nearly ten-year-old, interest accruing (backdated) lien from Bruce J. Kelman and GlobalTox, Inc. v. Sharon Kramer.

     You have the name of the case incorrect on your legal document and your May 8, 2018 Proof of Service to “all parties” appears to be grossly incomplete. The name of the case is not “Kelman v. Kramer”. It is Bruce J. Kelman and GlobalTox, Inc. v. Sharon Kramer. (GlobalTox, Inc. is now Veritox, Inc.)

     Veritox is the second plaintiff to the case with an interest in the backdated lien that you are apparently going to try to reinstate. They lost in the 2008 trial, but the costs they incurred were rewarded to Mr. Kelman via their prior attorney Mr. Keith Scheuer’s unethical conduct. The five Veritox owners in addition to Mr. Kelman are: Bryan Hardin, Coreen Robbins, Lonie Swenson, Robert Scheibe, and Robert Clark.

     In 2001, Veritox co-owner Mr. Hardin retired as a deputy director of Centers for Disease Control & Prevention, National Institute of Occupational Safety & Health (CDC NIOSH). Throughout Bruce J. Kelman and GlobalTox, Inc. v. Sharon Kramer he has been undisclosed as a Veritox co-owner on the Certificate of Interested Persons submitted to the appellate court by Veritox’s former counsel, Mr. Scheuer.

     The December 2010 appellate court remittitur and electronic records have been falsified on their faces to conceal Mr. Hardin’s stake in the matter. Is it your intent to attempt to conceal, too, that he is an interested party in this ongoing matter as you attempt to reinstate a fraudulent lien?

     I don’t see anywhere stating the names of the additional five owners/party to the litigation on your Substitution of Attorney document or on the Proof of Service. I also do not see where any of them, including Mr. Kelman, were noticed of your substitution by the required Proof of Service to “all parties”.

THE CRIMINALLY BACKDATED COURT DOCUMENTS YOU’D HAVE TO USE TO RECORD ANOTHER FRAUDULENT LIEN

     Before you proceed to file motions in a North San Diego County Superior Court to reinstate a fraudulent lien, please produce a Notice of Entry of Judgment stating costs were awarded to Mr. Kelman on September 24, 2008 like the face of the current fraudulent lien shows.

     (Attached hereto collectively are EXH 1. the backdated, interest accruing lien stating the false Date of Entry of Judgment and cost award as September 24, 2008; EHX 2. proof that Mr. Scheuer did not even submit his client(s) costs until October 14, 2008; and EHX 3. proof that September 24, 2008 could not have possibly been the Date of Entry of Judgement; or that interest could accrue from that date.

     The interest accruing lien that Mr. Kelman wants you to cause to be reinstated, is a fraudulent legal document. He has been harassing me with it for years and no judges or justices will make him stop criminally harassing me with fraudulent court documents. Is it your intent to participate in increasing the damages and ongoing harassment?

       Also before you proceed to try and reinstate a fraudulent lien, please produce a Notice of Entry of Judgment dated December 18, 2008. This is stated on the third page of the void judgement that your client(s) and their prior attorney, Mr. Scheuer, have been criminally harassing me with for years with judges and justices – even coram non judice. (Attached hereto as EXH 4 is the void judgment in its current form).

     As you can see, the stated date of cost award on the face of the void judgment differs from the face of the equally fraudulent lien. If they were legitimate legal documents, the dates would be the same. The void judgement shows a date of cost award as being 12/18/08. The backdated lien shows a date of cost award as being 9/24/08.

     Don’t spend too much time looking for Notice of Entry of Judgment documents to corroborate that your client, Mr. Kelman, is not asking you to criminally harass someone with fraudulent backdated court documents – because that’s exactly what he is doing.

    There is no proof that judgment was entered, or costs were awarded on September 24, 2008 (like the face of backdated lien shows). There is no proof that judgment was entered, or costs were awarded on December 18, 2008 (like the face of the twice backdated void judgment shows.) This is because it never happened. Both the lien and the judgment (that you would have to use to reinstate the lien) are frauds on their faces.

     Judge Lisa Schall signed the void judgment on September 24, 2008 with a blank left on the third page. Although I was a trial prevailing party, I wasn’t noticed by the court (or by Mr. Scheuer) of her signing the document and nowhere did it leave a place to acknowledge that I prevailed over Veritox in the 2008 trial.

     Judge Schall’s clerk, Michael Garland, then backdated the void judgment twice in the following months. He added the dollar amount on the third page awarding costs to your client(s) sometime after Mr. Scheuer submitted costs on October 14, 2008. Mr. Garlarnd did not initial or date that he had made a change to the legal instrument.

     As you know as a real estate attorney, if a legal document is materially changed after signature w/no notation of the change, it becomes a void legal instrument. Regardless, your clients and Mr. Scheuer have been criminally harassing me with this void legal instrument for years. So have the local courts.

       On December 22, 2008, Mr. Scheuer submitted the void judgment back to the court to record the fraudulent Abstract of Judgment and Lien. (See EXH 1, the face of void lien). Sometime on or after December 22, 2008, Mr. Garland then backdated “mgarland 12/18/08” next to the dollar amount he had filled in October — making the void judgment then appear that costs were awarded on December 18, 2008. (See EXH 4, the face of the void judgement)

     On January 7, 2009, Judge Joel Pressman, who was the North San Diego Superior Court Presiding Judge at the time, misused the falsification of “mgarland 12/18/08” being backdated onto the void judgment as a reason to deny hearing a motion for reconsideration by stating judgment had already been entered on 12/18/08. But the electronic case file confirms nothing happened in the case on 12/18/08.

     In January 2009, I motioned for Judge (now Justice) William Dato to clarifying for me why dates on legal documents were inaccurate. He declined to do so, with Judge Schall’s clerk oddly being his clerk for the day. In April of 2009, Judge (now Justice) Dato, who knew the document was fraudulent and backdated; and that Scheuer had submitted Veritox’s costs as being those of Kelman’s; neglected to add that I prevailed over Veritox in trial and was awarded my costs – in violation of C.C.P. 664.5(b) and many other laws.

   The appellate court (Justices Patricia Benke, Richard Huffman and Joan Irion) committed multiple willful legal error in the 2010 appellate opinion. This includes word-smithing the appellate opinion when suppressing the evidence that the twice backdated void judgment failed to state I prevailed over Veritox in trial. They left the twice-backdated void judgement in effect and have repeatedly refused to recall their (equally fraudulent on its face) December 2010 remittitur to correct the errors that enable your client to harass me with fraudulent court documents to this very day.

     If you look on the third page of the void judgment (see EXH 4) you will see that I was awarded my costs as the prevailing party over Veritox on October 28, 2011, one year after the appellate court left the void judgment in effect. Judge Earl Maas was the judge who claimed he could not vacate the void judgment after appeal (once in 2011 and once in 2012) but was able to amend the void judgment to acknowledge that I prevailed over Veritox and was awarded my costs.

    Unlike the criminal backdated falsifications to the void judgment that Mr. Kelman has apparently hired you to harass me with; the addition to the 3rd page stating that I was awarded costs on October 28, 2011 is supported by the evidence that it really happened and happened on that date. It is corroborated by the electronic case record for October 28, 2011 and the court’s ruling showing I prevailed over Veritox in trial and was awarded my costs by judgment.

     Even with the addition acknowledging that I prevailed and was awarded costs, I have not been able to lawfully record a lien against Veritox. This is because I would have to use the known void-faced judgment with “$7,252.65” and “mgarland 12/18/08” backdated onto its third page to do it; and I know that would be criminal to use a (twice) backdated void legal instrument to record a lien. California Penal Code 134 states:

Every person guilty of preparing any false or ante-dated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding, or inquiry whatever, authorized by law, is guilty of felony. 

     It would also be a felony for a California attorney to knowingly use a backdated void judgment to try to reinstate a backdated, fraudulent interest accruing lien. This is particularly true for a California attorney such as yourself whose areas of expertise appear to be real estate law and serving as an expert witness.

Which is it?

     Mr. Kelman and Veritox continue to harass me with a void lien that falsely states his costs were awarded on September 24, 2008?

     Mr. Kelman and Veritox continue to harass me with a void judgment that falsely states his costs were awarded on December 18, 2008?

     It’s both. Mr. Kelman continues to criminally harass me with fraudulent court documents – and apparently wants you to help him to increase the damages for me and the ill-gotten profits for him and Veritox.

THE TRUE CURRENCY OF THE FRAUDULENT COURT DOCUMENTS

   The continued harassing usages of the fraudulent court documents have caused extreme hardships horrific experiences for me by hands of the compromised local courts, your clients and their former attorney. But the true currency of the fraudulent court documents for your clients has little to do with the dollar amounts written on their faces.

     Veritox is using the fraudulent court documents to obtain hundreds of thousands of dollars of contracts for their illicit expert defense witnessing interstate enterprise. As of 2017, Mr. Kelman bills for his services as a dishonest expert defense witness in mold litigations at an hourly rate of $475.00 when consulting and $700.00 per hour when being deposed or providing trial testimonies. He would not be able to charge anything if he were in jail where he belongs for criminally harassing me with fraudulent court documents.

     According to their website as of September 2015, Veritox may give you a copy of the court documents from Bruce J. Kelman & GlobalTox, Inc. v. Sharon Kramer GIN044539 (2005 to present) & Bruce J. Kelman v. Sharon Kramer 37-2010-00061530-CU-DF-NC (2010 to present) and show you how they use them to obtain clients.

     I would assume the accompanying sales pitch to toxic tort defense attorneys goes something like, “Hey, check out this fraud upon the court that the California courts have been helping us with for years and no one holds them or us accountable. Hire us, we’re made of Teflon! We’ll lie our arses off for you and write all kinds of garbage to help you win your cases. We promise you can get away with it.”

As taken from the Veritox website:

“On August 26, 2008, a San Diego County Superior Court trial jury found that Sharon Kramer libeled Dr. Bruce Kelman of Veritox®, Inc., when she published a press release in March 2005. In her press release, Mrs. Kramer stated that Dr. Kelman had altered his under-oath statements on the witness stand when he testified as a witness in an Oregon lawsuit. The jury found that Mrs. Kramer’s statement was false and defamatory and that she had published it with malice. The Court of Appeal affirmed the judgment on behalf of Dr. Kelman. Nevertheless, Mrs. Kramer persisted in spreading the defamation. Accordingly, in November, 2010, Dr. Kelman filed a second lawsuit against her, to enjoin her from republishing the libel. The San Diego Superior Court issued a preliminary injunction against her in May 2011. She willfully disobeyed the injunction on several occasions, and as a consequence was incarcerated for civil contempt of court for two days in March 2012, and was fined $3,000 in July 2012.” The Court [FALSE, not a court, but a rogue judge] entered judgment in Dr. Kelman’s favor in July 2012, permanently enjoining Mrs. Kramer from republishing the libel. Mrs. Kramer’s appeal from the judgment was dismissed in March, 2013, when she failed [refused] to file an opening brief [in a court which the presiding justice refused to prove had subject matter jurisdiction upon challenge]. Mrs. Kramer continues to post false [corroborated as accurate] information and accusations maligning Veritox and its employees, as well as California justices, judges, court clerks and administrators, members of Congress and other elected officials. In the interest of saving time and minimizing annoyance, we currently ignore her posts regarding this matter. If you are a current or prospective client and have any questions about this, please call us for additional information and documentation.

     (They have since deleted the last sentence from their website. But the rest of the false advertising for an illicit interstate enterprise via usage of criminally backdated court documents, etc. remains)

    Their clients (the third-party true-beneficiaries to Mr. Kelman’s and Veritox’s continued and enabled criminal harassment of me in the California courts) are U.S. toxic tort defense attorneys retained by insurers or employed at government agencies. This includes toxic tort defense attorneys at the USDOJ and in California toxic torts where government agencies are named defendants.

   Defense attorneys across the United States could not use Veritox or Veritox’s junk science in their toxic torts to cheat the environmentally disabled — if Mr. Kelman was behind bars for criminally harassing the original whistleblower (moi) of how his junk science was mass-marketed as Evidence Based Medicine (EBM) to lending false credibility to his bogus expert defense witness opinions in mold litigations.

THE JUNK SCIENCE OF MR. KELMAN & MR. HARDIN OF VERITOX, INC

     Veritox co-owners, Mr. Kelman and Mr. Hardin, are toxicologists who hold PhDs. Mr. Kelman comes to the mold issue circa 2000 after years of being an expert defense witness for Big Tobacco. Mr. Hardin comes to the issue circa 2001 almost immediately after retiring from the CDC NIOSH.

     In 2002, Mr. Kelman and Mr. Hardin concocted a bogus risk assessment model that I call “the Veritox Theory” or “the GlobalTox paper”. It became the mainstay of the defense in mold litigations via being falsely marketed as EBM and as falsely claimed proof that mycotoxins (aka “toxic mold”) in water damaged buildings can’t plausibly reach a level to hurt anyone.

     A simple unethical twist of science, the two men simply applied extrapolations to data they had taken from a bench researcher’s study of sudden blasts of mold being instilled in rats’ throats. They professed to have proven mycotoxins in water damaged buildings (WDB) could not plausible harm humans. It is not current accepted science now to make such a grandiose claim based on this kind of misapplication of data, and it never was. It’s junk science hiding behind lofty-looking credentials using impressive-looking numbers.

     From a 2017 “expert” opinion of Mr. Kelman’s in a mold litigation:

    “Furthermore, a review of toxicity of various mycotoxins indicates that it is nearly impossible to inhale sufficient mycotoxins in an indoor environment to produce toxic effects”

   The above “expert” statement is complete hogwash. There is no known minimum exposure to mycotoxins in the indoor environment before symptoms indicative of debilitating toxicity occur; and the only “review” Mr. Kelman could have done to form the above conclusion is that of his own calculations. The Veritox Theory is a Linear No Threshold (LNT) risk assessment model. No one uses LNTs anymore. They have become widely understood to be junk science. Mr. Kelman is frequently discredited for using the above “expert” garbage.

     In 2005, after about a year of researching how this bogus concept became the mainstay of defense attorneys and defense experts in mold litigations, I wrote of what I learned. I put it in the context of how Mr. Kelman was (unsuccessfully trying) to use his Veritox Theory in an Oregon mold case. I have a degree in marketing and I called them on the widely marketed insurer fraud scam based on the junk science.

     At the time, I had no idea how incestuous the San Diego courts are and how far they would go to protect their own. When one screws up a legal proceeding to the point of real potential for liability for the courts, they all follow suit in retaliation to conceal the grave errors – digging a large cesspool of corruption that they can’t climb out of without exposing the stench and all the unclean hands that helped to dig the pool.

     They’ve been harassing me and framing me for libel on behalf of your client, ever since the first judge in matter, Judge Michael Orfield, suppressed the evidence in 2005 that Mr. Kelman committed perjury to make up a reason for malice in a libel suit. They have been using falsified court documents, falsified electronic case records, etc., like a bunch of bumbling Keystone cops — while keeping the profitable insurer fraud scam, based on Veritox’s bogus risk model, going in mold litigations from coast to coast. Thousands have been, and continue to be, harmed by the ongoing criminal antics in the local courts.

IS IT YOUR INTENT TO USE A VOID JUDGMENT TO HARASS ME?

   So, if it still your intent to try to use the void judgment to reinstate the fraudulent lien, please know that the first place I will go is to California Attorney General Becerra. He’s already told me (on video) that the CADOJ will investigate this ongoing crime in the California courts purposed to keep the Veritox Theory insurer fraud scam going. I’ve already had one meeting with an attorney from the CADOJ Public Crimes Unit with a witness present.

   That attorney understands that the documents you will need to (criminally) use to reinstate the fraudulent lien are backdated and void on their faces. He also understands that the Administrative Presiding Justice of the Fourth District Division One Court of Appeals (4th1st) Justice Judith McConnell, is “compounding” the problem via obstructing the vacating of the void judgment and removal of your clients’ backdated and fraudulent liens, obtained by collusive fraud upon the court.

FOR THIRTEEN YEARS, THIRTEEN SAN DIEGO JUDGES & JUSTICES HAVE BEEN CASE FIXING WITH YOUR CLIENTS, KEEPING THE JUNK SCIENCE TO COMMIT INSURER FRAUD IN U.S. MOLD LITIGATIONS FROM COAST TO COAST.  

     These are the local jurists who have hands-on helped your client to harass me by criminal means for thirteen years. Not one of them has done anything to make your clients’ and their former attorney Keith Scheuer’s criminal harassment of me, stop:

  1. 4th/1st Admin Presiding Justice Judith McConnell, former Chair of the Commission on Judicial Performance, (CJP)

  2. 4th/1st Justice Richard Huffman,

  3. 4th/1st Justice Patricia Benke,

  4. 4th/1st Justice Cynthia Aaron,

  5. 4th/1st Justice Alex MacDonald (deceased),

  6. 4th/1st Justice Joan Irion,

  7. Judge William Dato (now a 4th/1st Justice and newest appointee to the state’s judicial watchdog agency, Commission on Judicial Performance (CJP)),

  8. Judge Michael Orfield (retired 2008),

  9. Judge Lisa Schall,

  10. Judge Joel Pressman (retired 2017),

  11. Judge Thomas Nugent (retired 2015),

  12. Judge Robert Dahlquist III, and

  13. Judge Earl Maas III.

And last but not least:

Chief Justice Tani Cantil-Sakayue who has seen the fraudulent backdated court documents multiple times that you are apparently going to criminally use to continue to harass me. She seems to think what you are about to get involved in with the above-named judges, justices and your clients at Veritox, is just a hysterically funny “harmless error”. See Video[1] of Chief Justice Cantil-Sakayue cracking jokes with Judge Pressman on February 9, 2017; claiming she read 45 pages (that corroborate the fraudulent court documents’ various continued and criminal usages to cheat the public); and voting to appoint Justice Dato to the 4th/1st over my objections.

THIS IS WHY THOSE WHO COLLUSIVELY WORK TO KEEP VERITOX’S JUNK SCIENCE AND INSURER FRAUD IN MOLD LITIGATIONS HATE ME SO MUCH:

     In May of 2005, Mr. Kelman and Veritox, Inc. (formerly GlobalTox, Inc.) sued me for libel in a California state court for the words “altered his under oath statements” in my 2005 writing titled “Jury Finds ‘Toxic Mold’ Harmed Oregon Family. Builder’s Arbitration Clause Not Binding”.  

     I had accurately used those words in a sentence to describe Mr. Kelman weaseling on an Oregon witness stand. This was a key part of the story of how the Veritox Theory became EBM and current accepted science by unethical means; and how it could be defeated by making Mr. Kelman talk about the exchange of money among the players. (I was trying to be polite with “altered” rather than “weaseled”).

       From my 2005 writing exposing how Veritox got their junk science into policies as legitimate science and how to beat it in court:

The case (Haynes vs. Adair Homes Inc.) is a first in the Northwest to award personal injury damages to a family exposed to toxic mold in a newly built home. This verdict is significant because it holds construction companies responsible when they negligently build sick buildings… 

…By the time the Haynes discovered the mold, it was too late. Mrs. Haynes and the children were exhibiting neurologic and immune system damage. Paul Haynes reported the problem to Adair Homes, but the company refused to take responsibility. The family was forced to flee their new house in an effort to save the health of the mother and young sons….

 …Dr. Bruce Kelman of GlobalTox,Inc, a Washington based environmental risk management company, testified as an expert witness for the defense, as he does in mold cases throughout the country. Upon viewing documents presented by the Hayne’s attorney of Kelman’s prior testimony from a case in Arizona, Dr. Kelman altered his under oath statements on the witness stand. He admitted the Manhattan Institute, a national political think-tank, paid GlobalTox $40,000 to write a position paper regarding the potential health risks of toxic mold exposure. Although much medical research finds otherwise, the controversial piece claims that it is not plausible the types of illnesses experienced by the Haynes family and reported by thousands from across the US, could be caused by “toxic mold” exposure in homes, schools or office buildings.

     In 2003, with the involvement of the US Chamber of Commerce and ex-developer, US Congressman Gary Miller (R-CA), the GlobalTox paper was disseminated to the real estate, mortgage and building industries’ associations. A version of the Manhattan Institute commissioned piece may also be found as a position statement on the website of a United States medical policy-writing body, the American College of Occupational and Environmental Medicine. (ACOEM)

       My writing accurately stated that the think-tank money was for the U.S. Chamber version when marketing the bogus Veritox Theory (“GlobalTox paper”) and I described how that version was connected to the allegedly unbiased version written by Mr. Kelman and Mr. Hardin for their so-called “esteemed colleagues” in the “learned body” of ACOEM.

     In 2003, with the involvement of the US Chamber of Commerce and ex-developer, US Congressman Gary Miller (R-CA), the GlobalTox paper was disseminated to the real estate, mortgage and building industries’ associations [“nonprofits”]. A version of the Manhattan Institute commissioned piece may also be found as a position statement on the website of a United States medical policy-writing body, the American College of Occupational and Environmental Medicine” [ACOEM]

     The purpose of suing me was to stop sunlight from shining on how the scientifically fraudulent Veritox Theory was mass marketed into policy – that it was proven “toxic mold” does not harm — purposed toward misleading courts to deny liability for parties who are financially responsible for the disabling and killing of people. Mainly this would be various types of insurer who issue policies such as property/casualty, workcomp, errors and omissions, and health. It also includes government agencies and their toxic tort defense attorneys who use the services of Veritox and their junk science in mold litigations.

     The California SLAPP suits (there are two, one beginning in 2005 and one in 2010) were fixed to a false finding of libel with actual malice by the local jurists, Mr. Kelman’s attorney Keith Scheuer, and court clerks. They systematically suppressed evidence that Mr. Kelman frequently lies under oath when serving as a toxic tort defense witness and as a plaintiff in SLAPP suits.

     Justice Judith McConnell and her colleagues in the 4th/1st have repeatedly suppressed the direct evidence that the Veritox Theory is the heart of one of the biggest insurer fraud scams ever perpetrated on the U.S. public; and that they know they are causing it to continue by criminally case-fixing SLAPP with the fraudulent court documents, that you are apparently going to also use.

     The second case, Kelman v. Kramer, began in 2010 via usage of the backdated void judgment from Kelman & GlobalTox v. Kramer. It was about trying to permanently enjoin me from telling anyone of the ongoing case-fixing in California with fraudulent court documents, — purposed to defraud the public via enabling Veritox’s junk science to continue in EBM and mold litigations across the U.S.

THE SENTENCE FOR WHICH I HAVE BEEN FRAMED FOR LIBEL FOR THIRTEEN YEARS

       There has never been any question that the sentence for which Mr. Kelman and 4th Justice McConnell, et.al. continue to criminally frame me for libel (with fraudulent and backdated court documents) is correct: 

“Upon viewing documents presented by the Hayne’s attorney of Kelman’s prior testimony from a case in Arizona, Dr. Kelman altered his under oath statements on the witness stand.”

       Stated in the November 2006 anti-SLAPP opinion (confirming that the above is correct, Kelman did “alter his under oath statements” – but framing me for libel for it, anyway) as written by – you guessed it! – case-fixer extraordinaire Justice Judith McConnell. Concurred by Justice Cynthia Aaron and Alex MacDonald (deceased):

“The fact that Kelman did not clarify that he received payment from the Manhattan Institute until after being confronted with the Killian deposition testimony [the case in Arizona] could be viewed by a reasonable jury as resulting from the poor phrasing of the question rather that from an attempt to deny payment”.

Here’s the second reason they hate me so much:

   I have learned to use the criminal harassment in the California courts to shed greater light on the insurer scam based on Veritox’s junk science, to help save lives nationwide. I never would have been able to get enough attention on Veritox’s junk science to cause the 2007 front page Wall Street Journal (WSJ) article about Mr. Kelman and his junk science if he hadn’t sued me for libel.

     The 2007 WSJ article is Court of Opinion, Amid Suits Over Mold, Experts Wear Two Hats Authors of Science Paper Often Cited by Defense Also Help in Litigation By David Armstrong, January 10, 2007. To quote key excerpts:

The paper has become a key defense tool wielded by builders, landlords and insurers in litigation. It has also been used to assuage fears of parents following discovery of mold in schools. One point that rarely emerges in these cases: The paper was written by people who regularly are paid experts for the defense side in mold litigation…. The dual roles show how conflicts of interest can color debate on emerging health issues and influence litigation related to it.

“a lot people with legitimate environmental health problems are losing their homes and their jobs because of legal decisions based on this so-called ‘evidence-based’ statement.”

The ACOEM paper goes further. It says not only is there no evidence indoor mold causes serious health effects, but even if mold produced toxic substances, it’s “highly unlikely at best” that anyone could inhale enough to cause a problem. The paper reaches this conclusion by extrapolating from animal studies in which rodents’ throats were injected with molds.

“They took hypothetical exposure and hypothetical toxicity and jumped to the conclusion there is nothing there.”

     In 2005-07, I was also spending a bit of time in DC while the California courts were busy case-fixing SLAPP and framing me for libel with Mr. Scheuer on behalf of your clients. If Mr. Kelman hadn’t sued me, I wouldn’t have gotten the WSJ article. And if the WSJ author had not been looking for comment from U.S. Senators and staffers in 2006, I never would have gotten U.S. Senate Health, Education, Labor, and Pension (HELP) to order a federal audit of the issue.

     The Federal Government Accountability Office Report (GAO) issued in September of 2008 and blew Veritox’s junk science out of the water. Titled INDOOR MOLD Better Coordination of Research on Health Effects and More Consistent Guidance Would Improve Federal Efforts; it found that it is indeed plausible that mycotoxins in the indoor environment could reach a level to harm. (I am aware that this document is frequently cited to expose that your client’s “expert” reports in mold litigations are junk science; and in rebuttal, that he tries to say the Federal GAO is not an authority. Too funny!)

     In 2015 when ACOEM was forced into stop marketing Veritox’s junk science as an “Evidence Based Medicine” position statement, that was portrayed to be the scientific understanding of thousands of learned physicians — I was given the honor of making the public announcement of it via WorkCompCentral. That article is “ACOEM Takes Down Position Paper Commonly Used to Defend Against Mold Claims”. To quote:

ACOEM representatives did not respond to multiple requests for comment. But Kramer told WorkCompCentral in an interview last week that Michael Hodgson, medical director for the U.S. Occupational Safety and Health Administration, received a statement from ACOEM’s publications director [Marianne Dreger] last year that the organization would sunset the position paper in early 2015. Kramer said the sunsetting that appears to have occurred takes away any weight the paper might hold as a defense against workers’ compensation claims where the claimant is seeking benefits for mold-related illnesses.”

“It was a litigation defense argument right from the get-go,” she said.

     Although Mr. Kelman’s words carry little weight these days and cases settle more easily and $$$ higher for plaintiffs; he still is enabled to regurgitate his junk science when retained as an expert defense witness in U.S. toxic torts — directly because he’s not in jail where he should be for harassing me for years with fraudulent court documents that you are apparently about to start harassing me with, too.

     So, head up. If you are going to harass me with fraudulent court documents for Veritox and Justice McConnell, et.al. then you’re going to have to do it publicly. This letter, the attached criminally backdated court documents and the above referenced videos may be viewed online at the blog “Veritox Means Truth-Poison”. It’s under the blog title, “William Litvak, Esq. are you intending to harass me w/backdated court docs for Veritox’s junk science to linger in U.S. mold litigations? Short link: https://wp.me/p7Yx8Q-fo

Here’s the third reason they hate me so much:

     They (you, if so inclined) can harass me til the cows come home, frame me for libel, jail me for refusing to sign a false confession that begins with the sentence “I do not believe Dr. Kelman committed perjury” and criminally record all kinds of fraudulent and backdated liens on my property. But ya can’t hide the truth!

     Plainly stated, your client Mr. Kelman, is a high-paid, junk-scientist, and a menace to the health of society; and everybody knows it. This includes Justice Judith McConnell — who has been pimping out her court for him and toxic tort defense attorneys who use his blowhard services — via case-fixing his Strategic Litigations Against Public Participation since 2006; and repeatedly refusing make the criminal harassment stop.

     He’s also a bully and a sore loser. Upon receipt of your invalid notice of substitution of counsel, on Friday I sent the following email to Mr. Kelman:

From: Sharon Noonan Kramer <snk1955@aol.com>

To: bkelman <bkelman@veritox.com>

Sent: Fri, May 11, 2018 6:34 pm

Subject: Too funny. Bring it on.

Sorry I’m kicking your hiney left and right in U.S. mold litigations. :) Guess that’s just the way it goes when one lives in a house of cards.

WR,

Mrs. Kramer

     In conclusion, the primary reason I am sending you this letter is to ascertain your true colors right up front. So, please let me know your intent as soon as possible and if you will also be criminally representing the other owners of Veritox as you try to reinstate a fraudulent lien.

     The face of the void judgment and fraudulent, backdated, interest accruing lien that you are apparently going to try to use to reinstate more harassing fraud, also includes the costs that the other owners incurred (even though they lost in trial). Their costs of $3,626,33 were submitted to the court on October 14, 2008 by Mr. Scheuer as being part of Mr. Kelman’s incurred costs in GIN044539.

      GIN044539 is Kelman and GlobalTox v. Kramer. It is not “Kelman v. Kramer” as your substitution of counsel inaccurately states. That case, Kelman v. Kramer (in which Mr. Kelman and Mr. Scheuer also recorded a fraudulent lien on my property) is Case No. 37-2010-00061530-CU-DF-NC.

     They used the same void judgment in that case (that you are about to use to harass me) to feign court subject matter jurisdiction with Judge Nugent (2010-12), Judge Dahlquist (2012-13), and you guessed it! – Justice McConnell (2013-14). Coram non judice = no immunity from prosecution for criminally case-fixing.

       (Attached hereto collectively and EXH 5, EXH 6 and EXH 7 are my October 2015 requests to Mr. Kelman and Justice McConnell asking them to stop harassing me with fraudulent court documents; and the 4th/1st unlawful refusal (again) to recall and rescind the fraudulent and fraud concealing remittitur from GIN044539.)

       If you are going to choose to proceed to criminally harass me with backdated court documents, please correct your substitution of counsel statement to state the right harassing case name and provide an accurate Proof of Service to all parties in the litigation. I don’t know where you think you can have this matter heard, because there is no court in the United States that will knowingly rely on the twice backdated, void judgment from Kelman & GlobalTox v. Kramer for its subject matter jurisdiction. (Except of course, in San Diego)

Sincerely,

Mrs. Sharon Noonan Kramer

CC: Lynchpin criminal case-fixer 4th/1st Administrative Presiding Justice Judith McConnell

Not-even-close-to funny & judicial-abuse-enabler Chief Justice Tani Cantil-Sakayue

[1] VIDEO of the 2/09/17 Appointment of William Dato to the 4th/1st Appellate Court  

 

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