“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)
By Sharon Noonan Kramer
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
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
Bruce Kelman (GlobalTox) serving as expert witness for Phillip Morris in the Big Tobacco RICO of United States of America v. Phillip Morris et al when the ACOEM & the Chamber used him to author the litigation “defense paper”
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.
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
A letter to the NAA regarding an email they deleted without reading – please retract your amicus in the Abad case in Arizona – it is fraud by a political action committee, the National Apartment Association, that is furthering another fraud by another political action committee, the US Chamber of Commerce
National Apartment Assn – OpenSecrets – PAC Recipients
National Apartment Assn – OpenSecrets – Fundraising/Spending by Cycle
Thank You National Apartment Association. I will do my best to get this very important information out ASAP to numerous owners, investors, huge property management companies (e.g., Riverstone Residential), attorneys, and judges, AND, of course, to the MANY people who are currently living in MOLD-INFESTED APARTMENT COMPLEXES right now! katy
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
The Insurance Industry’s Influence Over Occupational Medicine – WOEMA Board Supporting Constantine (Dean) Gean, MD, MD, MBA, MS, FACOEM, Regional Medical Director, LIBERTY MUTUAL INSURANCE COMPANY as Candidate for ACOEM Board
Information about Riverstone Residential, the Louisiana Housing Finance Agency, and the owners of Jefferson Lakes Apartments in Baton Rouge, Louisiana allowing tenants to be exposed to extreme amounts of toxins from molds by intentionally concealing evidence
Irrefutable evidence indicates that Riverstone Residential, Guarantee Service Team of Professionals, & plaintiffs’ attorney, J Arthur Smith III, must have agreed to exclude evidence that would have shown the owners of Jefferson Lakes Apartments & Riverstone Residential had knowledge of the severe MOLD INFESTATION at the complex before we moved in
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