From: SNK1955@aol.com
To: SlossN@gao.gov
Sent: 2/9/2010 12:13:32 P.M. Pacific Standard Time
Subj: GAO Recommendations to EPA on Mold not being followed. FEMA Katrina Trailers
Hi Nicholas,
How are you? I was wondering what the GAO is doing to follow up on its two recommendations to the EPA with regard to Federal interagency coordination of information and public advisories on the health effects of mold.
After the two year audit, the GAO made two simple recommendations to the EPA:
Recommendation: The Administrator, EPA, should use the Federal Interagency Committee on Indoor Air Quality [CIAQ] to help articulate and guide research priorities on indoor mold across relevant federal agencies, coordinate information sharing on ongoing and planned research activities among agencies, and provide information to the public on ongoing research activities to better ensure that federal research on the health effects of exposure to indoor mold is effectively addressing research needs and efficiently using scarce federal resources.
Agency Affected: Environmental Protection Agency
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
What has the GAO done to follow up on the above recommendation?
Recommendation: The Administrator, EPA, should use the Federal Interagency Committee on Indoor Air Quality [CIAQ] to help relevant agencies review their existing guidance to the public on indoor mold–considering the audience and purpose of the guidance documents–to better ensure that it sufficiently alerts the public, especially vulnerable populations, about the potential adverse health effects of exposure to indoor mold and educates them on how to minimize exposure in homes. The reviews should take into account the best available information and ensure that the guidance does not conflict among agencies.
Agency Affected: Environmental Protection Agency
I am writing you today because I am fed up with the politics that is adverse to the health and safety of the American public. Four years after the audit request into the health effects of mold by the late Senator Edward Kennedy and we are STILL no further along to stop the deceit in science over the mold issue than we were four years ago.
The EPA is trying to shut down Federal interagency coordination on the health effects of mold via their CIAQ. One of the members of this purported public interest workgroup that would greatly benefit from the self destructing of any interagency coordination is FEMA.
Two of FEMA’s expert defense witnesses that they are using to defeat financial liability for sickness caused by the Katrina trailers are the authors of the US Chamber of Commerce’s position statement on mold, “A Scientific View of the Health Effects of Mold” (2003). The Chamber paper claims it is scientifically proven all claims of illness from mold are only made because of “trial lawyers, media, and junk science.” Page 65.
Besides authoring the Chamber’s “scientific” view which absurdly professes to scientifically prove the toxins of mold are not toxic; FEMA’s mold experts and the owners of VeriTox, Inc, Bryan Hardin and Bruce Kelman, also authored the mold position statement for the American College of Occupational and Environmental Medicine. (ACOEM).
Their conclusion that it is scientifically proven the toxin of mold are not toxic to humans have NEVER been duplicated. Never. Not ever. Never.
ACOEM’s part in the Federally sanctioned mold debacle is, “Adverse Human Health Effects of Mold Associated With the Indoor Environment” (2002)
FEMA’s Expert Witness List includes the US Chamber/ACOEM authors of VeriTox, Inc. Bruce Kelman and Coreen Robbins.
SEE 23 MINUTE VIDEO DEPOSITION OF FEMA’S EXPERT, BRUCE KELMAN, BEING FORCED TO DISCUSS THE DECEIT IN SCIENCE OF THE US CHAMBER ET AL;
As I think you are aware, VeriTox has been trying to silence me about the deceit in science mass marketed to the courts by the US Chamber of Commerce et al., by strategically litigating in the San Diego court system for five years. They sued me for the word “altered” that was within the first public outing of White Collars teaming with White Coats to perpetrate a fraud on US courts.
It has cost me well over $1M not to be silenced in the name of public health. My family has been harmed and held out in despicable false light by unscrupulous journalists Daniel Heimpel and Jill Stewart of LA Weekly, trying to silence and discredit me and thereby discredit the words of all the mold sick and injured.
Even the Manhattan Institute, (architects of the US Chamber’s/FEMA’s scientific fraud that falsely claims to be written by a physician), blogged that Daniel Heimpel (who won the LA Press Club Award for Political Investigative Journalist, 2008) and Jill Stewart falsely quoted them in Heimpel and Stewart’s horrid and politically motivated yellow journalism. No less than 10 people stated they were falsely quoted or not even interviewed by Heimpel. Jill Stewart sits on the board of the LA Press Club.
Brian Hardin is a retired US Assistant Surgeon General/Deputy Director of NIOSH. Bruce Kelman (FEMA’s Expert Witness) comes to the mold issue from Big Tobacco. Heimpel and Stewart knew this when they wrote. Heimpel has now morphed into an award winning children’s advocate “investigative reporter” for Newsweek and the Huffington Post. The parent company of LA Weekly, Village Voice Media, knew Heimpel’s and Stewart’s writing was promoting a scientific fraud adverse to public safety and health over the mold issue, as they had run a legitimate article on the health effects of mold 3 years earlier.
After five years, the San Diego courts FINALLY seem to be getting a clue about this strategic litigation being adverse to public health. They are asking questions with answers submitted in Response to the Courts Query on January 28, 2010.
“WHEN this Reviewing Court acknowledges what legally cannot be
denied: Kramer’s overwhelming, uncontroverted and irrefutable evidence that seven judges and justices ignored Kramer’s overwhelming, uncontroverted and irrefutable evidence of Kelman’s perjury on the issue of malice and ignored Kramer’s vast evidence of Scheuer’s willful suborning of Kelman’s criminal perjury; THEN seven years worth of scientific fraud perpetrated on US Courts over the mold issue by the US Chamber of Commerce et al, will immediately cease by the acknowledgment that their author of their scientific fraud has no qualms about lying under oath to the courts and strategically litigating; and while their other author does not disclose he is a party to the strategic litigation.”
As was known in 2007 when the GAO and Senate HELP Committee Specifically deleted looking into the conflicts of interest over the mold issue; ACOEM and the two VeriTox owners, Bruce Kelman and Bryan Hardin, had been written about on the front page of the Wall Street Journal in January 2007 for their escapades over mold and how it was carried out for the purpose of unduly influencing litigation adverse to the interest of the American public.
Given the above, I can’t help but feel that the GAO and Senate HELP are themselves partially responsible for the situation of continued conflicts of interest within the EPA and FEMA; wasted tax dollars; and Federal “science” that not in the public interest with regard to serious mold induced illnesses in US citizens. One can hardly even pick up a newspaper these days without reading of the EPA, FEMA and elected government officials feigning ignorance.
If the following aspect of the GAO audit that was to look into the conflicts of interest over mold induced illness had not been Specifically deleted from being investigated in the audit; then this political gamemanship of the US Chamber of Commerce et al, would have been forced to stop long ago to the benefit of the American public.
Specifically deleted from the GAO audit:
“What medical and scientific standards are used in determining the admissibility of evidence of both acute and persistent health consequences resulting from exposure to mold? Which individuals and organizations have promulgated these standards and what, if any, conflicts of interest exist regarding these standards?”
The CIAQ Webinar of February 3, 2010 could only be described as disgusting, disrespectful to the public and adverse to the health and safety of the American public. There was no mention or any progress report of any Federal Interagency Workgroup of Mold on the agenda. This is because they were directed not to meet by David Rowson of the EPA.
When Mr. David Rowson, Director, Center for Asthma and Schools, Indoor Environments Divison, US EPA was asked questions during the Feb 3 rd meeting regarding the progress of the interagency mold workgroup; he hemmed and hawed and stated that the approximate 50 US citizens on the line of the teleconference would have to wait til the end of the meeting for it to be discussed.
Despite the lack of respect for the American public, approximately 35 citizens did stay on the line for over 3 hours waiting to be heard only to have Mr. Rowson leave the meeting room when they were finally able to speak at 4PM.
Mr. Phillip Jalbert, who heads the CIAQ, has been doing the best he can to follow through on the recommendations of the GAO for the benefit of public health – with No funding provided to him to carry out the important change for public health and obviously no support for the GAO recommendations within the EPA – with FEMA benefiting from NOT INFORMING the public and NOT SENDING CONSISTENT MESSAGING from our Federal government.
The lunacy of the matter at hand is best summed up by neurotoxicologist, Dr. Kennith Hudnell, who has done much research into the health effects of the toxic components of mold and left the EPA over two years ago. Although Dr. Hudnell could not stay on the phone for over 3 hours on Feb 3, the following is the statement he was prepared to make:
“I am Dr. Ken Hudnell. I served as a neurotoxicologist at EPA for 23 years. My focus for the last dozen years was on biotoxins and associated human illness, including fungal mycotoxin-induced illness. The Federal Interagency Committee on IAQ is needed to ensure Federal agencies give consistent information on mold-related illness, enable one group to be aware of all Federal efforts on the topic and fill any research gaps, and reduce duplication of effort. It is hard to imagine that some people still do not recognize the need for stronger interagency coordination. How else can our country take a cohesive and comprehensive approach toward solutions for mold-related illness and other major challenges that we face?”
H Kenneth Hudnell, PhD
Chapel Hill, NC 27517″
Evidence of more lunacy of the matter and conflicts of interest within the Federal Government, is a Video of Bruce Kelman literally laughing at the thousands of people who have requested a Congressional Oversight and Government Reform Hearing into the matter.
Apparently Mr. Kelman was right to laugh. No such Government Oversight hearing has ever come to fruition in spite of the pleas of thousands; and FEMA is now using the deceit of the US Chamber against Katrina victims, just like the Department of Justice has used the deceptive science of the US Chamber against sick military families living in moldy military housing.
Tell me again, for WHOM does the Federal government work and HOW are my tax dollars being used in the interest of US citizens????? Given the situation at hand; and what is at stake for the health and safety of the American public; I have three questions for the GAO:
1. WHAT is the GAO’s intent of following up on their recommendations to the EPA regarding the work of the CIAQ to promote accurate, consistent mold health information?
2. WHERE is the change we were promised with the Obama Administration? From what I am witnessing, I see no difference from the Bush Administration with regard to serious environmentally induced illnesses in the United States of America and the insurance industry’s influence over both sides of the isles of Congress.
3. Does NO ONE in our Federal Government have the strength, inclination or desire to stand up to the US Chamber of Commerce, the Insurance Industry and their medical frontmen for the sake of the health and welfare of the American public??????
Sorry to be so directly brutal, Nic, but unnecessary death and illness in the American public and Federal conflicts of interest adverse to public health and safety is a brutal subject. PLEASE DO SOMETHING!!!!!!!!!!!
Sincerely,
Sharon
760-746-8026
Political Action Committee – National Apartment Association (NAA) files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry
“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer
“Government agencies refer the sick to two medical associations who [sic, purportedly] have physicians knowledgeable about mold induced illnesses, the ACOEM and the Association of Occupational and Environmental Clinics. But the clinics are run by physicians who also members of ACOEM and adhere mostly to the teachings of ACOEM. So, the sick are being referred by our government to those who deny mold causes serious illnesses. These are the same clinics that employers or insurers often times send patients to for independent medical exams that are then used against the sick as a weapon to deny liability for causing their illness because they know the doctors don’t acknowledge mold causes serious illness. The sick are victimized all over again.” Mary Mulvey Jacobson (Testimony before the Massachusetts Legislature’s Joint Committee on Public Health – H2181 – An Act Relative to Air Quality in Schools and Other Public Buildings)
“In the late 70’s, buildings in the US began to be constructed more airtight to promote energy efficiency. Manmade materials such as particle board and dry wall began to be used. These materials easily wick when water is added from floods and leaks in the buildings.
In essence, we transformed our buildings into gigantic petri dishes and provided a food source for molds and bacteria to flourish when water is added. Air conditioners also became the mainstay of construction causing the molds and bacterias to recircluate in the air and spread throughout the buildings.
Over the next twenty years as many buildings experienced water damage, people began to become ill from the mold and bacteria in damp buildings at a rate never before seen in the history of man. Instead of doing the right thing to warn the public and teach the physicians that the buildings were the cause of the increased illnesses, commerce took an orchestrated deceptive measure to stave off the financial liability from the situation.
They systematically marketed false science to the courts that it had been scientifically proven the damp, moldy buildings were no health threat. They brought into the mold issue a toxicologist who had a long term relationship with Big Tobacco, Bruce Kelman PhD; and his business partner, Bryan Hardin PhD. Hardin had just retired from the National Institute of Occupational and Environmental Health (NIOSH). He was beginning a lucrative second career as an expert defense witness in toxic torts bringing his government credentials with him to add credibility. The two men authored two US health policy papers on mold illnesses in 2002 and 2003.
One of the scientifically fraudulent policy papers is presented to the courts as being the scientific opinion of thousands of knowledgeable physicians, the American College of Occupational and Environmental Medicine (ACOEM) Adverse Human Health Effects of Molds In the Indoor Environment – an evidence based position statement.
The other policy paper authored by Kelman and Hardin was specifically written and paid for by the Manhattan Institute think-tank to be shared with judges by the US Chamber of Commerce Institute for Legal Reform (ILR). Judges are “educated” by the ILR that it had been scientifically proven claims of illness from the toxins of mold are only being made because of “trial lawyers”, ”media” and “Junk Science”.
Kelman and Hardin had no research backgrounds in mold, yet they professed to prove what no one else has proven before them or since – that it is scientifically determined the poisons of mold do not poison when people are exposed in damp buildings. They accomplished their novel scientific feat simply by applying mathematical extrapolations to data they borrowed from someone else’s high dose, single mold exposure rodent study. Adding unscientific hypotheticals that fly in the face of the basic tenets of toxicology, their mass marketed nonsequitor of science has saved many a building stakeholder hundreds of thousands of dollars in mold litigation.
Their nonsense was legitimized as “evidence based” science by ACOEM in 2002. ACOEM is not a college. It is a trade association made up largely of company doctors who oversee workers compensation claims. The organization is discussed four times in Dr. David Michaels’ book ‘Doubt Is Their Product, How Industry’s Assault On Science Threatens Your Health’ for their various antics over the years for adding undue legitimacy to the ability to legally deny causation of environmental illnesses that are costly for commerce and industry.
I find it disgusting that the National Apartment Association PAC would submit an amicus curie brief, August 31, 2009, in a litigation involving two new born infant deaths and a moldy apartment complex while, stating, “In a report entitled, ‘A Scientific View of the Health Effects of Mold’, a panel of scientists, including toxicologists and industrial hygienists stated that years of intense study have failed to produce any causal connection between exposure to indoor mold and adverse health effects. U.S. Chamber of Commerce, A Scientific View of the Health Effects of Mold (2003) at p. 64 and p. 65″.
This is because I know and possess incontrovertible evidence that the US Chamber of Commerce Institute for Legal Reform (ILR) “Scientific View of the Health Effects of Mold” is the marketing of a scientific fraud along with her the sister paper, ACOEM’s position statement on mold.
The US Chamber ILR “Scientific View” cites false authorship of having a physician co-author as one of the “panel of scientists”. In reality no physician had anything to do with the ILR’s deceptive marketing piece specifically written for judges. The authors, Kelman and Hardin, do not acknowledge they are the authors of the “scientific view” on their curriculum vitaes as the scientific fraud insidiously makes its way into litigations where they are generating income from expert witnessing for the defense. Such is the case in Arizona involving the two infant deaths and a $25 million dollar insurance policy issued by Travelers Insurance.
What is even more disturbing is that our elected officials in Washington DC on both sides of the isle are well aware of the deceit of the US Chamber ILR and company over the mold issue; yet they remain mum and take no action even when directly requested to do so by thousands.
In the words of Eliot Spitzer in Slate Magazine, October 15, 2009, and regarding lack of accountability for the deceptive practices of the US Chamber of Commerce, “The passivity of the publicly elected officials who have the capacity to raise these issues has been a bit surprising.”
The reality is, state and federal elected officials in the United States of America know it is the kiss of death to their political careers to directly challenge the US Chamber of Commerce. The Chamber has a notorious reputation of instigating smear campaigns and filing lawsuits to vex, harass and silence detractors. As a result of the lack of action by elected officials, US citizens bare the burden and experience the devastating effects from the “Scientific View of the Health Effects of…….Gold.”
Disclosure: In March of 2005, I was the first to publicly write of the unholy union of ACOEM, the Manhattan Institute, the US Chamber of Commerce, Congressman Gary Miller, Bruce Kelman and VeriTox, Inc (formerly known as GlobalTox) over the marketing of a scientific fraud on the courts with regard to the mold issue. Kelman and Veritox sued me claiming the phrase “altered his under oath statements” was a false accusation of perjury made with malice. Since September of 2005, I have been informing the San Diego courts with uncontroverted evidence that Kelman committed perjury as to why I would have malice – in a litigation where his sole claim is that I falsely accused him of being one who would commit perjury. Kelman v. Kramer Case No. D054496 Fourth District Division One Court of Appeal, San Diego.
Since September of 2005, seven San Diego judges and justices have been provided with the uncontroverted evidence of Kelman’s perjury on the issue of malice, including Presiding Justice Judith McConnell who Chairs the California Judicial Review Committee. Amazingly the uncontroverted evidence of Kelman’s perjury is repeatedly ignored by the San Diego judges and justices in a litigation containing information that is detrimental to the interests of the US Chamber of Commerce should their scientific fraud on the courts come to greater public light.”
As taken from page 9 of the August 31, 2009, NAA amicus curie brief submitted in the case of Tricia Mason, et al., Kaitlyn Morris, et al., April Abad et. al., Alicia Stewart, et al. v. Wasatch Prop. Mgmt., Inc., et al. Consolidated:
“In a report entitled, A Scientific View of the Health Effects of Mold, a panel of scientists, including toxicologists and industrial hygienists stated that years of intense study have failed to produce any causal connection between exposure to indoor mold and adverse health effects. U.S. Chamber of Commerce, A Scientific View of the Health Effects of Mold (2003) at p. 64 and p. 65″.
There was no “panel of scientists” that authored the Chamber ILR’s scientific view. Only a long time tobacco scientist, Bruce Kelman, and his business partner, Bryan Hardin. These two have been publicly exposed for their involvement of marketing garbage science to the courts over the mold issue before. In January of 2007, the Wall Street Journal ran a front page expose titled “Amid Suits Over Mold Experts Wear Two Hats, Authors of Science Paper Often Cited By Defense Also Help In Litigation.” Kelman and Hardin were the “authors of science papers” noted in the title.
In a day when no one questions the US Chamber of Commerce’s deceptive science over global warming and their influence over legislators in Washington DC, I question why this deceit before the courts is permitted to continue over the mold issue? I feel completely confident in stating that I have personally witnessed a scientific view of the health effects of GOLD.
Below is a video of Bruce Kelman, under oath, discussing the scientific foundation, payment and false authorship for the Chamber’s “scientific view” that the NAA has submitted in the Arizona mold litigation case involving the two new born infant deaths.” Sharon Noonan Kramer
VIDEO – US CHAMBER – SCIENTIFIC VIEW OF THE HEALTH EFFECTS OF…GOLD
WSJ – Court of Opinion – Authors of Science Paper Often Cited by Defense Also Help in Litigation – Corruption & Deceit in Mold Litigation – ACOEM / US Chamber
Chamber Paper Cites False Authorship
Testimony, Bruce J. Kelman June 22, 2004
US. Chamber of Commerce Mold Statement (aka Manhattan Institute Version) July 2003
Testimony, Andrew Saxon, November 28, 2006
Testimony, Bruce J. Kelman, February 18, 2005
Billing records to the Manhattan Institute – Bruce Kelman (GlobalTox) serving as an expert for Phillip Morris in the Big Tobacco RICO
VeriTox 3 min video illustrating perjury & attempted coercion into silence by Bruce Kelman
Opinion written by Justice McConnell refusing to acknowledge evidence of Kelman’s perjury on the issue of malice when denying Anti-SLAPP motion – “Kramer asked us to take judicial notice of additional documents, including the complaint and an excerpt from Kelman’s deposition in her lawsuit against her insurance company. We decline to do so as it does not appear these items were presented to the trial court.”
WATCHDOG ON SCIENCE – Corrupt Doctors: The UNTOLD Mold Story – Sharon Kramer speaks on the conflict of interest between trade group ACOEM and the need to defend people who are sickened by mold. She reports on her efforts to get a Congressional Investigation on this conflict of interest and the role of Senator Edward Kennedy on deleting this aspect in the GAO Audit.
Dr. James Craner’s IJOEH Commentary of ACOEM’s Deceit On Mold – a litigation “defense report”
Support Letters for Hearing on Mold Illnesses and Industry Influence to Henry Waxman, Chairman, Committee on Oversight and Government Reform – documented conflicts of interest, undue industry influence and the misinformation that has been systematically promoted to medical communities because it is costly to insurers and other stakeholder industries should causation of these illnesses be better understood
Congressman Henry Waxman Ignoring The Pleas Of Thousands To Investigate
Kelman and Robbins (Veritox co-owner) testifying for the DOJ
TOXLAW.com – FOX – Mold Sick Military Family – Will DOJ use ACOEM again?
Chamber Sues the Yes Men – Mother Jones
NAA Files Amicus Brief in Mold Case
Brief of Amicus Curiae National Apartment Association
Motion for leave to file Brief Of Amicus Curiae national Apartment Association
National Apartment Assn Contributors – OpenSecrets
National Apartment Assn Contributions to Federal Candidates – OpenSecrets
National Apartment Assn – OpenSecrets – PAC Recipients
National Apartment Assn – OpenSecrets – Fundraising/Spending by Cycle
George W. Bush, NAA’s key note speaker for upcoming “educational” meeting
A FEW LINKS TO THE TRUE HEALTH EFFECTS OF INDOOR MOLD TOXINS – MOLD LITIGATION & THE POLITICS OF MOLD
WHO Guidelines for Indoor Air Quality – Dampness and Mold – PDF
WHO – Right to Healthy Indoor Air
Arizona Jury Awards Tenant $3.3 Million for Cognitive & Physical Injuries from Mold
2007 – Plaintiff – 1.6 Million – Court Finds Causal Link – Toxic Mold
Housing Authority Tenant Awarded $303,834 Verdict For Mold Apartment Claims
Affordable Housing Institute – The Challenge of Mold – The Sickness & The Litigation
The American Dream Home – Promise, Defects, Mold, Policy, Litigation, Medicine & Insurance
Katy's Exposure 