U.N. Observer: flooding in New Orleans area was a man-made disaster

posted on we saw that

24 November 2009

u.n. observer: flooding in new orleans area was a man-made disaster
via what really happened

unobserver 

The whole country is talking about how a federal judge has ruled that our nation’s federal Army Corps of Engineers let metro New Orleans residents down.

click here to download 156 page pdf

This is an important change in the course of history, and we must help give this new information some “legs.”

But time is of the essence.

Please go to YouTube and watch our new 3-minute video about why all of us must resist saying that “Katrina flooded New Orleans.”
youtube.com/watch

As author John McQuaid, author of Path of Destruction notes, using Katrina ‘shorthand’ is confusing because of its underlying associations of “natural disaster swamps city below sea level – what the heck are those people doing living down there?”

The more people who visit this video, the higher it goes in the YouTube rating!

Best if done by Tuesday November 24 by 2:00 pm CST.

Help launch Levees.Org to the top of the YouTube charts where our video can potentially be viewed by millions!!

Help spread the word. Send to your family and friends!

Want to do more? You could:

1. Register at YouTube to rate and comment on the video.
2. View and rate our other videos on YouTube.

Help show America that levee failure and flooding is a national issue!

Help show that all of us need to be engaged!

Thank you!
Sandy Rosenthal
Founder and national spokesperson levees.org
levees.org

P.S. Each time you watch the video, it counts as a visit.

Click here for John McQuaid’s discussion of the cruelty of Katrina shorthand.

Click here for Washington Post editorial today on Judge Duval’s ruling.

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levees.org catches the u.s. army corp of engineers flooding its comments section with stupid and deceptive messages!

Posted in Civil Justice, Politics | Tagged , , , , | 1 Comment

Johns Hopkins Says Crazy Po’ Black Mothers Worsen Child Asthma (As Opposed To Their Substandard Housing ????) Psychologists & “Non-profit” Medical Assoc Strike Again!

From Sharon Kramer

Johns Hopkins Says Crazy Po’ Black Mothers Worsen Child Asthma (As Opposed To Their Substandard Housing ????)  Psychologists & “Non-profit” Medical Assoc Strike Again!

We know that sickbuildings are a leading cause of asthma in children.  We know that contaminants in sickbuildings can cause neurocognitive symptoms that mimic depression.
 
So why are America’s medical schools still choosing to ignore this fact and label the physically ill, who are living in low income housing, as experiencing psychological problems that cause the worsening their children’s asthma? It is an insult to the intelligence of the American public and to mothers everywhere.
 
The latest “science study” blaming depression in mothers as a cause of worsening asthma in children comes out of Johns Hopkins. Their suggested solution to treat the child’s asthma appears to advise America’s physicians to give the mother “chill out” drugs. Huh?
 
Wouldn’t it make more sense to teach the physicians to determine if there is a contaminant in the family’s living environment that could cause both symptoms of asthma in the child and symptoms of depression in the mother before writing a prescription for mother’s little helper?
 
I am certain that depression in care givers does impact the care they give.  So why promote to physicians that this would particularly hold true with poor, black mothers whose children have asthma? Who benefits from the promotion of this concept?
 
And why are America’s medical associations still rewarding those who profit by promoting this psychological babble that deflects liability for those responsible for chemical and microbial exposures in the indoor environment?

On November 8, 2009, at the annual scientific meeting of the American College of Allergy, Asthma and Immunology (ACAAI), Dr. Emil Bardana was awarded the 2009 Gold Headed Cane Award for his contributions and integrity as a leading allergist in the United States. According to ACAAI, the prestigious award is “designed to serve as an inspiration to younger doctors and encourage them in their family, social, civil, religious and professional lives.” 

According to the teachings of Dr. Bardana, “Toxic mold syndrome represents the furtive evolution of aeroirritation from a transient to permanent symptom complex in patients with a psychogenic predisposition.  In this respect, the core symptoms of toxic mold syndrome and their gradual transition to chronic symptoms related to nonspecific environmental fragrances and irritants appear to mimic what has been observed with other pseudodiagnostic categories, such as sick building syndrome and idiopathic chemical intolerance. “Inhalational mold toxicity: fact or fiction? A clinical review of 50 cases” Ann Allergy Asthma Immunol. 2005 Sep;95(3):239-46.
 
Concluding the symptoms to be psychological or idiopathic in origin and not caused by the buildings, the patients were not advised to leave the sick buildings to lessen or eliminate their symptoms by the IME physicians.

With continued exposure to a potential location of causation of illness, continued medications for control of the resultant symptoms are required.

Sponsorship for Dr. Bardana’s Gold Headed Cane award was provided by Merck Company, manufacturer of Singulair allergy and asthma medication.  Singulair is Merck’s top-selling product for the ever increasing incidence of “idiopathic” asthma and allergy in the United States. In 2008, Merck’s gross sales for Singulair was $4.3 billion. Sales expected to be reported in 2009 are in the $4.4 billion to $4.7 billion range.

Not disclosed by ACAAI when describing Dr. Bardana’s 20 year history as a leader among the “non-profits” that influence the practices and protocols of allergists is Dr. Bardana’s long and prosperous career as an expert witness on behalf of insurers and employers who deny their sick buildings are a cause of illness.

In 2005, Eric Mason of KATU News in Salem, Oregon reported on an extensive investigation of Dr. Bardana’s work as an expert witness for the state’s workers compensation fund, SAIF. The expose’ was titled “Dealing with SAIF and feeling like a criminal” and detailed the trials and tribulations of three teachers who were claiming injury from mold in their school. With permission of KATU News, the video of Dr. Bardana’s work on behalf of the school district and SAIF, used to deny the teachers’ workers compensation claims, may now be view on the Internet.   

Sharon Kramer
 
Mother’s Depression a Risk Factor in Childhood Asthma Symptoms, Study Suggests (added: Never Mind That Science Holds Sickbuildings Are A Cause Depression and Asthma)

MEDIA CONTACT: Katerina Pesheva
EMAIL: epeshev1@jhmi.edu
PHONE: (410) 516-4996

November 19, 2009

Results may be tied to fatigue and forgetfulness in managing children’s disease

Asthma symptoms can worsen in children with depressed mothers, according to research from Johns Hopkins Children’s Center published online in the Journal of Pediatric Psychology.

Analyzing data from interviews with 262 mothers of African-American children with asthma — a population disproportionately affected by this inflammatory airway disorder — the Hopkins investigators found that children whose mothers had more depressive symptoms had more frequent asthma symptoms during the six-months of the study. Conversely, children whose mothers reported fewer depressive symptoms had less frequent asthma symptoms.

Researchers tracked ups and downs in maternal depression as related to the frequency of symptoms among children.

“Even though our research was not set up to measure just how much a mom’s depression increased the frequency of her child’s symptoms, a clear pattern emerged in which the latter followed the earlier,” says senior investigator Kristin Riekert, Ph.D., a pediatric psychologist and co-director of the Johns Hopkins Adherence Research Center.

But while maternal depression appeared to aggravate a child’s asthma, the opposite was not true: How often a child had symptoms did not seem to affect the mother’s depressive symptoms, an important finding that suggests maternal depression is an independent risk factor that can portend a child’s symptoms, researchers say.

Past studies have shown that children with chronic health conditions fare worse if their primary caregiver is depressed, but none have teased out the exact interplay between the two.

“Intuitively, it may seem that we’re dealing with a chicken-egg situation, but our study suggests otherwise,” Riekert says. “The fact that mom’s depression was not affected by how often her child had symptoms really caught us off guard, but it also suggested which factor comes first.”

Researchers did not study why and how a mother’s depression affects a child’s asthma status, but because depression often involves fatigue, memory lapses and difficulty concentrating,  it can affect a parent’s ability to manage the child’s chronic condition, which can involve daily, and sometimes complex, drug regimens and frequent visits to the doctor.

“Mom is the one who must implement the doctor’s recommendations for treatment and follow-up, and if she is depressed she can’t do it well, so the child will suffer,” says lead investigator Michiko Otsuki, Ph.D., a behavioral medicine fellow at Johns Hopkins at the time of the study, now at the University of South Florida St. Petersburg.

Investigators say their findings should prompt pediatricians who treat children with asthma to pay close attention to the child’s primary caregiver — whether or not it is the mother — and screen and refer them for treatment if needed.

“We ask these parents if they are smokers all the time, so maybe it’s time to start asking them if they are coping well emotionally,” said co-investigator Arlene Butz, Sc.D., a pediatric asthma specialist at Johns Hopkins Children’s Center. “Doctors are trained to pick up on subtle clues, so if they see a red flag in mom, they should follow-up with a depression screener and referral if needed.”

Treating depressed mothers whose children are at high-risk for asthma complications will likely benefit both mother and child, researchers say, while providing a clear treatment target to help reduce the burden of asthma in the United States. Asthma is the country’s leading pediatric chronic illness, affecting 6.5 million children under the age of 18, according to the CDC.

The Hopkins study included only mothers but investigators believe a similar pattern would emerge regardless of who the primary caregiver is.

Researchers caution that the mothers in their study were screened for depression with a standard questionnaire, which is a reliable detector of symptoms but not a firm diagnosis.

The Hopkins findings came from a high-risk, inner-city population and thus cannot be statistically extended to other ethnic and socioeconomic groups, but researchers say the effect of caregiver depression on a child’s asthma likely transcends demographics.

The research was funded by the National Heart Lung Blood Institute.

Other Hopkins researchers involved in the study included Michelle Eakin, Ph.D., Lisa Arceneaux, Psy.D., Cynthia Rand, Ph.D.

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

Political Action Committee – 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

Information on Riverstone Residential knowingly exposing tenants to extreme amounts of mold toxins at Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in Environmental Health Threats, Health - Medical - Science, Mold and Politics, Mold Litigation, Politics, Toxic Mold | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

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

From: Sharon Kramer
To: paul@naahq.org, jeffreylee@naahq.org
Sent: 11/21/2009 6:20:21 A.M. Pacific Standard Time
Subj: Fwd: FW: Not read: Mold – The Truth Nothing But The Truth

Dear Mr. Bergenon,

I received the following forwarded message of yours from Mr. McBride. Why would you delete information without reading that was sent to you that could assist you in educating apartment managers and owners to the potentially serious health effects caused to their tenants by exposure to molds should they negligently maintain their buildings?
 
This, even after it has been brought to your attention that NAA submitted a fraudulent amicus curie brief in a litigation involving two infant deaths while citing to the US Chamber’s “A Scientific View Of The Health Effects Of Mold”. 
 
As pointed out to you in a prior correspondence, the Chamber’s “Scientific View” that was written expressly for judges and was paid for by the Manhattan Institute think-tank, cites false authorship of being written by a physician.  As documented for you previously, the Chamber’s scientific view to educate the courts was in reality written by a Big Tobacco White Coat, Bruce Kelman and his business partner, Bryan Hardin. ONLY.
 
It is a gravely serious matter to submit fraudulent amicus briefs to the courts.  It is an even more serious matter when the National Apartment Association PAC is informed they have submitted a fraud to the courts, yet refuse to take action to correct or even read information they need to know to protect apartment owners from liability by protecting the health and safety of occupants..
 
In the interest of properly educating your members so they do not find themselves in the same situation as the Az apartment owner, Wasatch Property Management and their insurer, Travelers – whose Az apartment complex is documented as having an atypical amount of mold – it would behoove NAA to retract the fraudulent amicus that cites to the fraudulent US Chamber of Commerce Institute For Legal Reform “Science” promptly.
 
I am aware that Mr. Russell Hiles is the attorney for the defense in this litigation.  I am aware that Mr. Hiles has a long standing relationship with the author of the US Chamber paper, Bruce Kelman.  I am aware of far too much information regarding conflicts of interest of the situation that is adverse to the health and safety of the US public, to share with you in one email.
 
Simply put, 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. Together, the two frauds by the two PACs are adverse to the health and safety of the American public because they mislead the courts that it has been scientifically proven by physicians that claims of severe illness and even death from the toxins of mold are simply a result of “trial lawyers, media, and junk science”. 
 
Two videos for you:

1.  Bruce Kelman committing criminal perjury regarding the authorship of the US Chamber of Commerce’s “A Scientific View Of The Health Effects of Mold” 

US CHAMBER ILR LISTS FALSE PHYSICIAN AUTHOR ON FRUADULENT SCIENCE PAPER WRITTEN FOR THE COURTS

2. Bruce Kelman committing criminal perjury on the issue of malice in a libel action purportedly over the word “altered” and attempting to coerce me into silence about the fraud of the US Chamber.

3 Minute Video Of Perjury & Attempted Coercion Into Silence by Bruce Kelman

I was the first to publicly write of the deceit of the US Chamber’s “A Scientific View of the Health Effects of Mold” in March of 2005.

Mold-Help.org: Jury Finds “Toxic Mold” harmed Oregon family, builder’s arbitration clause not binding

Should you have any questions regarding Mr. Kelman’s perjury on the issue of malice in the Ca libel action, Mr. Hiles would be a good source for you.  Although not to his or his clients’ benefit that it be known, Mr. Hiles has documents in his possession directly corroborating he is aware Mr. Kelman committed perjury on the issue of malice in the Ca libel action. His Beverly Hills law firm was hired by Mercury Insurance in my personal mold litigation back in 2003.  Hiles and Stone hired Mr. Kelman as an expert witness in that case, too.  Small world, isn’t it?
 
Thank you for your attention to this serious matter.
 
Sincerely,
Sharon Kramer

Email notification from Paul Bergeron – National Apartment Association – to John McBride – message was deleted without being read – regarding letter sent in reference to a fraudulent amicus curie brief submitted in a litigation in Arizona involving 2 infants deaths & a $25 million dollar insurance policy issued by Travelers

—–Original Message—–
From: Paul Bergeron [mailto:Paul@naahq.org]
Sent: Friday, November 20, 2009 8:15 AM
To: John McBride
Subject: Not read: Mold – The Truth Nothing But The Truth

Your message was deleted without being read on Friday, November 20, 2009 8:14:48 AM (GMT-05:00) Eastern Time (US & Canada).

Third letter to the National Apartment Association (NAA) regarding a fraudulent amicus curie brief submitted in a litigation in Arizona involving 2 infants deaths & a $25 million dollar insurance policy issued by Travelers

From John McBride

Dear All,

I too received both responses that were emailed to you referencing the recent position and action the NAA took regarding mold. There are many across our country that are suffering from mold toxicity due to the lack of correct action by property owners. Taking wrong steps to rectify the serious health hazard that mold presents can be just as dangerous as taking no action at all. Many times it is not only personal finances that is the property owners main motivating factor. Ignorance and neglect are also constants that I have seen all too much. Renters lives, possessions and even their pets are being lost and or ruined as a direct result of the extremely potent and vast array of toxins that molds produce and subsequently are being inhaled by renters who just wanted a safe and decent place to reside.

Based on this factual and can be well-documented information, perhaps it would be prudent for the NAA to encourage property owners to act preemptively rather then after the fact. Controlling moisture and making sure that the entire indoor environment is kept dry at all times would be a good start. Having HVAC systems checked a few times a year by qualified
individuals who are trained to test and inspect for indoor environmental hazards would be another. Of course if there is mold growth, then correct, rapid, and decisive action should be taken.

I guess my point is very simple. Why not educate your members with good science and recommend that taking proper actions will help to protect their properties and will help avoid future litigation. Oh yea, it will also help to protect and save lives, rather then destroy them. Like I stated earlier, all people really want is a safe and clean environment.

I see that you were already given the W.H.O.’s report on mold. To assist you further, I am sending a paper that was just published this month in Toxicology and Industrial Health. Dr. Jack Thrasher is one of this countries top authorities on this issue and he has also worked with several other distinguished credentialed individuals. This paper documents the full spectrum of health hazards created by damp and moist indoor environments. I strongly suggest you share this with your members. I can only hope you do not choose to trust the junk science that states mold does not pose health risks. Just remember that the same parties that wrote papers, testified at hearings, conducted false studies, and stated that tobacco did not pose serious health risks or even that it was not addictive are now the parties making fraudulent claims about mold. We know how untrue their conclusions and statements were regarding tobacco, so do not be party to them now. I seriously hope for the sake of all renters and for you as well, that you put yourself in the trust of honest, legitimate well-credentialed scientists who are not being paid to lie. One day you might find yourself in a moldy environment and if you choose to listen to junk science, you could end up suffering from very serious and painful chronic illness, as a direct result of your mold exposure and unwillingness to hear or place your self on the side of truth.

Sincerely yours,
John McBride
“MCS” Beacon Of Hope Foundation’s New Jersey State Representative & Toxic
Mold Activist/Consultant
New Jersey Legislative Initiative Against Toxic Mold
Moldleg333@live.com
732-894-3047

“World~Wide” Toxic Injury Awareness & Education! Please sign and forward to others:
http://toxicinjury.org/

The biocontaminants and complexity of damp indoor spaces: more than what meets the eyes – pdf

Jack D Thrasher and Sandra Crawley

Another letter to the National Apartment Association (NAA) regarding a fraudulent amicus curie brief submitted in a litigation in Arizona involving 2 infants deaths & a $25 million dollar insurance policy issued by Travelers

From Cheryl Wisecup

To: paul@naahq.org; jeffreylee@naahq.org
Subject: Submission to the World Health Organization
Date: Thu, 19 Nov 2009 09:54:55 -0600

Good morning! I received a copy of the message that Sharon Kramer sent to you this morning. I thought you might like to have the attached information to assist you in your review of this important issue. Thank you.

The World Health Organization issued their 2009 report titled “Guidelines for Indoor Air Quality—Dampness and Mould.” I recently contacted the WHO and mentioned that their 2009 report was missing some publications relating to the health effects of molds and mycotoxins. They invited me to submit a list of publications that may have been omitted. The attached information was sent to the World Health Organization on October 7.

Please keep in mind as you review this information that there are thousands of documents available relating to the health effects of molds and mycotoxins. The attached lists are not intended to include every possible publication. I cross-checked my lists against the lists of references included in the 2009 WHO “Guidelines for Indoor Air Quality–Dampness and Mould” and the 2004 IOM report on “Damp Indoor Spaces and Health” to ensure I wasn’t duplicating their sources.

This information is being shared with hundreds of elected officials and medical organizations throughout the country. Please feel free to forward this information to others.

Submission of Additional Publications Regarding Molds & Mycotoxins – 2009 Who Guidelines for Indoor Air Quality – Dampness and Mold

National Apartment Association – Real-Life Story: How Ratings Sites Can Hurt a Manager’s Reputation – Sharon Kramer’s letter to the NAA regarding a fraudulent amicus curie brief submitted in a litigation in Arizona involving 2 infants deaths & a $25 million dollar insurance policy issued by Travelers

“If SEO and SEM (search engine optimization and search engine marketing) were the apartment industry buzzwords of 2009, the buzzword of 2010 will be SIM: social influence marketing, Thompson says. “That’s the next area of opportunity that we envision: better managing social influence,” he says. “Everything we learn is helping us redefine our 2010 marketing strategy to focus more directly on what we call online reputation management.”

Look Who’s Talking: Managing Your Online Reputation

Real-Life Story: How Ratings Sites Can Hurt a Manager’s Reputation

From: Sharon Kramer

To: paul@naahq.org, jeffreylee@naahq.org
Sent: 11/19/2009 6:09:43 A.M. Pacific Standard Time
Subj: Regarding “Look Who’s Talking: Managing Your Online Reputation “

Dear Mr. Bergeron and Mr. Lee,

I read your writing/blog regarding how property owners and managers could promote a positive image on line. You offer some good advice to managers that if followed, could help to create community good will which translates into more satisfied tenants, which translates into higher occupancy, which translates into higher profits.

I found these words of advice particularly worthy:

“A lot of people complain because of a lack of response they see through official channels. Be approachable and reachable, and that can reduce a lot of complaints,”

“When management takes a proactive view, or a set of actions that helps to establish their reputation outside of a confrontational stance, they tend to build a reputation that is respected,” Egan says. “So when people complain, the companies’ responses become much more meaningful rather than reactionary.”

It is my hope that NAA will follow their own advice to property managers. NAA has a huge problem. You submitted a fraudulent amicus curie brief in a litigation in Arizona that involves two infants deaths and a $25 million dollar insurance policy issued by Travelers. Then NAAHQ put it online that you submitted the brief.

NAA Files Amicus Brief in Mold Case

There are several science papers cited within the brief that I could reference and give the history of how they have stood up in court and in the media, but I am just going to reference to one: The US Chamber of Commerce “A Scientific View Of The Health Effects of Mold” 2003.

On page 9, NAA describes this paper as

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 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 this paper for the ILR. It cites false authorship of being authored by a physician. Yet, the physician has stated under oath that he had nothing to do with this paper and did not even know his name was on it. It has no scientific foundation to form the conclusion that all claims of illness from the toxins of mold are a result of “trial lawyers, media and junk science”.

The paper was actually authored by two owners of a litigation defense support corportation, VeriTox. One of the authors, Bruce Kelman, is an expert for the defense in the Arizona litigation. He comes to the mold issue circa 2000 from Big Tobacco.

He has stated under oath that the ILR paper was specifically written for judges. It was paid for by the Manhattan Institute think tank who wanted something written for judges.

If you have not been tracking the online reputation of the US Chamber, the organization that NAA is holding out as the guru of science over mold, you owe it to your members to do so. They are rightfully getting nailed left and right for deceits of claiming more members than they really have and their aggressive lobbying impacting everything from global warming to tort reform to the rape of females in the military. Not a great group to have your online reputation tied to at the moment.

NAA needs to take its own advice that it provides to its members. When faced with online complaints that are legitimate and extremely serious in origin, take action to correct the wrong.

NAA should retract their amicus submitted in the Arizona litigation. Not only is it presenting a fraudulent science paper by the US Chamber written expressly to influence judges, it is serving to damage the reputation of all members of NAA on a national level.

As I understand it, the plaintiff attorney in the litigation has submitted something to the court detailing and documenting the fraud within your amicus. If the courts do not take action, then the online bloggers that help those injured by mold will.

If the NAA is truly interested in doing what is right for its members and thus their tenants; and understands the impact of justified negative information on the net, then NAA should retract a now known fraudulent document they have submitted in a legal proceeding, immediately.

The true harm of the fraudulent NAA amicus brief is that it is misleading the members of NAA that mold does not harm. This leaves your members more vulnerable to lawsuits similar to the litigation in Arizona because it leaves their tenants in potential harms way from the NAA misleading their members as to the potential serious illnesses from the matter.

Thank you in advance for your proactive response to this message, It is my hope that NAA will heed its own advice and correct errors adverse to the interest of NAA members and adverse to the health and safety of NAA members’ tenants.

Sincerely,
Sharon Kramer

Disclosure: I have a degree in marketing. I have been tracking the deceit in science over the mold issue for about four years. I am currently in litigation with Bruce Kelman over this exact Chamber paper in Ca. I was the first to publicly write of the deceit of the paper online in 2005. The second time the matter was written of, was on the front page of the Wall Street Journal.

WSJ – Court of Opinion – Authors of Science Paper Often Cited by Defense Also Help in Litigation – Corruption & Deceit in Mold Litigation – ACOEM / US Chamber

Dr. Kelman sued me for libel for the word “altered” claiming it was a false accusation of perjury. The case has been interesting to say the least.

Political Action Committee – 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

Information on Riverstone Residential knowingly exposing tenants to extreme amounts of mold toxins at Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in Environmental Health Threats, Health - Medical - Science, Mold and Politics, Mold Litigation, Toxic Mold, US Chamber of Commerce | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Owners sue Quadrant Homes over ‘sick’ houses – Mold, cold making residents ill, owners allege

Sections of the home had been left without insulation by crews working for the Weyerhaeuser Co.-owned developer, he claimed, and wet materials used during the house’s rushed construction provided a foothold for mold.

November 19, 2009
By LEVI PULKKINEN
SEATTLEPI.COM STAFF

Winter hits hard at Jon Sigafoos’ home, harder, he says, than it ought.

His family of four moved into the Quadrant Corp.-built home four years ago, taking up residence in a newly constructed neighborhood at Bonney Lake.

It didn’t take long, Jon Sigafoos said, to realize the house wasn’t all it had been promised to be.

Sold on its square footage — Quadrant advertisements run during the housing boom presented a family lost in its living room — the house lacked a heater powerful enough to warm all that space, Sigafoos said. Sections of the home had been left without insulation by crews working for the Weyerhaeuser Co.-owned developer, he claimed, and wet materials used during the house’s rushed construction provided a foothold for mold.

Those flaws, unexpected in the new home, have left Sigafoos, his wife and two children sick even during the warm, drier months, he said. In winter, problems with the home have forced them to abandon much of the house due to the cold and spend their time together sealed in the master bedroom.

“It’s literally an icebox,” Sigafoos said. “I don’t want to sound like we live a pitiful life or anything, but I can’t say it’s great living in that house.

“The thing that’s frustrating is that (Quadrant) was totally aware of these problems and they didn’t tell anybody. … If I could sum it up in one word, that’d be cold.”

Following on an earlier civil suit against Quadrant by 10 families, the Sigafoos family and three others are currently pursuing a potential class-action lawsuit against Quadrant Homes.

As in the previous action, which ended in a confidential settlement, the homeowners allege the mega homebuilder sold thousands of houses around Western Washington without paying adequate attention to quality control. Further, the owners claim Quadrant concealed defects within the homes from prospective buyers before hustling them through an accelerated purchase process.

Contacted for comment, a Quadrant spokeswoman declined to address the allegations specifically except to issue a general denial.

“Because this issue is currently in litigation, Quadrant is constrained in making public comment about it,” spokeswoman Kate Tate said by e-mail. “We can say that we are proud of the quality homes Quadrant builds, the construction practices we use, and the customer service we provide to all homeowners.”

In court documents, attorneys for the homeowners allege “widespread, shoddy construction” in Quadrant homes has left an unknown number of customers with “sick houses.”

The homeowners contend that mold growing in the houses — flowering, they claim, because rushed construction schedules didn’t leave time to dry wet building materials — is circulated through poorly designed and badly built heating systems, poisoning occupants.

During the boom years, Quadrant boasted through promotional materials that its homes were constructed on a 54-day construction schedule. Time-lapse photography available on the company Web site shows a two-story home springing from bare ground, finishing with a new owner backing a U-Haul truck into the driveway.

When mold was found, one Quadrant production manager said during a deposition, it was sponged with a bleach solution and scrubbed before the home was finished. The company didn’t tell prospective buyers when mold was found, the production manager said in court documents; like other issues arising during construction, the builder didn’t feel it necessary to notify buyers of a problem that had been solved.

After mold was found in the attic of a house in a Snoqualmie development, inspectors found that a dryer vent had been routed to the attic but never piped through to the outdoors, according to depositions taken by the plaintiffs’ attorneys, Lory Lybeck and Katherine Felton of the Mercer Island firm Lybeck Murphy LLP. In another home, remediation crews found more than 1,200 square feet of mold.

“Like with thousands of other (homebuyers), Quadrant did not sell (the plaintiffs) the home it represented,” Lybeck said in court documents. “Instead their home is unhealthy with serious air quality issues and other related problems.”

Reviewing the claims by 27 residents of Quadrant, industrial hygienist Michelle Copeland found that each case involved “the issue of unhealthy air arising from the same common set of conditions including inadequate air flow and air exchange within the home and excessive moisture resulting in the growth and accumulation of mold.”

“These common conditions combine to create an unhealthy and ‘toxic soup’ affecting the air quality in the homes,” Copeland said in a Feb. 21, 2008, declaration filed in King County Superior Court.

For the Sigafoos family and several others, that “soup” has allegedly resulted in a string of illnesses that threaten to become chronic.

Sigafoos said his two young children, aged 8 and 3, see their health improve whenever they get a chance to be out of the home for a week or so. But the asthma, respiratory infections and sinus trouble returns when they come home.

After examining the family as part of the lawsuit, Dr. Matthew Keifer, a professor of internal medicine with the University of Washington, found that the house was to blame.

“The longer the Sigafoos family live in and are exposed to the conditions in their Quadrant home, the greater the risk that the health problems caused to each of them will become chronic or permanent even after they are removed from the unhealthy environment,” Keifer said in a declaration filed with the court. “It is in the best interest of each of the Sigafoos family members to remove themselves (from) the harmful air quality in their Quadrant home as soon as they reasonably can.”

Declarations filed on behalf of other families involved in the suit offer similar opinions. The homes, the doctors hired by the plaintiffs found, are making their owners sick.

In summer months, Sigafoos said, his family can air out the home enough to make it reasonably habitable. When the temperatures drop, though, that ceases to be an option.

Due to concerns about dusting his children with mold spores, Sigafoos said he can’t run the furnace. Instead, he said, his family retreats to the master bedroom of the three-bedroom home where, with space heaters and a gas fireplace, they can push temperatures closer to livable.

Last winter, Sigafoos said, heath concerns drove his family to move into a travel trailer parked at a friend’s home. Finding that living arrangement little better, he said they will try to stay in the house this year.

“It’s just a battle every day,” said Sigafoos, who does engineering and drafting for a Puget Sound-area city government. “It’s just no fun waking up in the morning when it’s just freezing.”

Writing the court, Weyerhaeuser attorney Michael R. Scott contended that the corporation cannot be held liable for any actions of Quadrant, a wholly owned subsidiary of Weyerhaeuser Real Estate Co. that is in turned owned by the Federal Way-based wood products giant. The plaintiffs had named Weyerhaeuser and its real estate firm as defendants in the litigation.

Arguing on behalf of Quadrant, Scott said the homeowners’ complaints should be handled through out-of-court arbitration as he alleges the sale agreements signed by the home buyers requires. Such a move would place the litigation outside the county court system and, as such, would remain largely private.

Reviewing a decision by King County Superior Court Judge Chris Washington to allow the litigation to move forward, the state Court of Appeals for Division One reversed Washington’s ruling last month and found that the arbitration cause was valid. Both parties have since asked that the three-judge panel to reconsider its decision, which would see Washington review the case to determine whether any claims made fall outside the arbitration agreement.

Sigafoos said he wants to see the case resolved but has little faith in the closed-door arbitration process. Until then, he said he and his family remain stuck in a home they can’t leave and can’t really live in.

In his view, Quadrant is simply attempting to delay litigation as long as possible in the hope that the company can wait out the homeowners.

“You’re dealing with real people who’ve got kids,” Sigafoos said. “You’re dealing with families who are just trying to live everyday life. … It’s like, why don’t you just come to the table and try to resolve this.”

Levi Pulkkinen can be reached at 206-448-8348 or levipulkkinen@seattlepi.com.

seattlepi.com

Political Action Committee – 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

Information on Riverstone Residential knowingly exposing tenants to extreme amounts of mold toxins at Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in Environmental Health Threats, Health - Medical - Science, Mold Litigation, Toxic Mold | Tagged , , , , , , , , , , , , | Leave a comment

Email notification from Paul Bergeron – National Apartment Association – to John McBride – message was deleted without being read – regarding letter sent in reference to a fraudulent amicus curie brief submitted in a litigation in Arizona involving 2 infants deaths & a $25 million dollar insurance policy issued by Travelers

—–Original Message—–
From: Paul Bergeron [mailto:Paul@naahq.org]
Sent: Friday, November 20, 2009 8:15 AM
To: John McBride
Subject: Not read: Mold – The Truth Nothing But The Truth
 
Your message was deleted without being read on Friday, November 20, 2009 8:14:48 AM (GMT-05:00) Eastern Time (US & Canada).

Third letter to the National Apartment Association (NAA) regarding a fraudulent amicus curie brief submitted in a litigation in Arizona involving 2 infants deaths & a $25 million dollar insurance policy issued by Travelers

From John McBride

Dear All,

I too received both responses that were emailed to you referencing the recent position and action the NAA took regarding mold. There are many across our country that are suffering from mold toxicity due to the lack of correct action by property owners. Taking wrong steps to rectify the serious health hazard that mold presents can be just as dangerous as taking no action at all. Many times it is not only personal finances that is the property owners main motivating factor. Ignorance and neglect are also constants that I have seen all too much. Renters lives, possessions and even their pets are being lost and or ruined as a direct result of the extremely potent and vast array of toxins that molds produce and subsequently are being inhaled by renters who just wanted a safe and decent place to reside.

Based on this factual and can be well-documented information, perhaps it would be prudent for the NAA to encourage property owners to act preemptively rather then after the fact. Controlling moisture and making sure that the entire indoor environment is kept dry at all times would be a good start. Having HVAC systems checked a few times a year by qualified
individuals who are trained to test and inspect for indoor environmental hazards would be another. Of course if there is mold growth, then correct, rapid, and decisive action should be taken.

I guess my point is very simple. Why not educate your members with good science and recommend that taking proper actions will help to protect their properties and will help avoid future litigation. Oh yea, it will also help to protect and save lives, rather then destroy them. Like I stated earlier, all people really want is a safe and clean environment.

I see that you were already given the W.H.O.’s report on mold. To assist you further, I am sending a paper that was just published this month in Toxicology and Industrial Health. Dr. Jack Thrasher is one of this countries top authorities on this issue and he has also worked with several other distinguished credentialed individuals. This paper documents the full spectrum of health hazards created by damp and moist indoor environments. I strongly suggest you share this with your members. I can only hope you do not choose to trust the junk science that states mold does not pose health risks. Just remember that the same parties that wrote papers, testified at hearings, conducted false studies, and stated that tobacco did not pose serious health risks or even that it was not addictive are now the parties making fraudulent claims about mold. We know how untrue their conclusions and statements were regarding tobacco, so do not be party to them now. I seriously hope for the sake of all renters and for you as well, that you put yourself in the trust of honest, legitimate well-credentialed scientists who are not being paid to lie. One day you might find yourself in a moldy environment and if you choose to listen to junk science, you could end up suffering from very serious and painful chronic illness, as a direct result of your mold exposure and unwillingness to hear or place your self on the side of truth.

Sincerely yours,
John McBride
“MCS” Beacon Of Hope Foundation’s New Jersey State Representative & Toxic
Mold Activist/Consultant
New Jersey Legislative Initiative Against Toxic Mold
Moldleg333@live.com
732-894-3047

“World~Wide” Toxic Injury Awareness & Education! Please sign and forward to others:
http://toxicinjury.org/

The biocontaminants and complexity of damp indoor spaces: more than what meets the eyes – pdf

Jack D Thrasher and Sandra Crawley

Another letter to the National Apartment Association (NAA) regarding a fraudulent amicus curie brief submitted in a litigation in Arizona involving 2 infants deaths & a $25 million dollar insurance policy issued by Travelers

From Cheryl Wisecup

To: paul@naahq.org; jeffreylee@naahq.org
Subject: Submission to the World Health Organization
Date: Thu, 19 Nov 2009 09:54:55 -0600

Good morning! I received a copy of the message that Sharon Kramer sent to you this morning. I thought you might like to have the attached information to assist you in your review of this important issue. Thank you.

The World Health Organization issued their 2009 report titled “Guidelines for Indoor Air Quality—Dampness and Mould.” I recently contacted the WHO and mentioned that their 2009 report was missing some publications relating to the health effects of molds and mycotoxins. They invited me to submit a list of publications that may have been omitted. The attached information was sent to the World Health Organization on October 7.

Please keep in mind as you review this information that there are thousands of documents available relating to the health effects of molds and mycotoxins. The attached lists are not intended to include every possible publication. I cross-checked my lists against the lists of references included in the 2009 WHO “Guidelines for Indoor Air Quality–Dampness and Mould” and the 2004 IOM report on “Damp Indoor Spaces and Health” to ensure I wasn’t duplicating their sources.

This information is being shared with hundreds of elected officials and medical organizations throughout the country. Please feel free to forward this information to others.

Submission of Additional Publications Regarding Molds & Mycotoxins – 2009 Who Guidelines for Indoor Air Quality – Dampness and Mold

National Apartment Association – Real-Life Story: How Ratings Sites Can Hurt a Manager’s Reputation – Sharon Kramer’s letter to the NAA regarding a fraudulent amicus curie brief submitted in a litigation in Arizona involving 2 infants deaths & a $25 million dollar insurance policy issued by Travelers

“If SEO and SEM (search engine optimization and search engine marketing) were the apartment industry buzzwords of 2009, the buzzword of 2010 will be SIM: social influence marketing, Thompson says. “That’s the next area of opportunity that we envision: better managing social influence,” he says. “Everything we learn is helping us redefine our 2010 marketing strategy to focus more directly on what we call online reputation management.”

Look Who’s Talking: Managing Your Online Reputation

Real-Life Story: How Ratings Sites Can Hurt a Manager’s Reputation

From: Sharon Kramer

To: paul@naahq.org, jeffreylee@naahq.org
Sent: 11/19/2009 6:09:43 A.M. Pacific Standard Time
Subj: Regarding “Look Who’s Talking: Managing Your Online Reputation “

Dear Mr. Bergeron and Mr. Lee,

I read your writing/blog regarding how property owners and managers could promote a positive image on line. You offer some good advice to managers that if followed, could help to create community good will which translates into more satisfied tenants, which translates into higher occupancy, which translates into higher profits.

I found these words of advice particularly worthy:

“A lot of people complain because of a lack of response they see through official channels. Be approachable and reachable, and that can reduce a lot of complaints,”

“When management takes a proactive view, or a set of actions that helps to establish their reputation outside of a confrontational stance, they tend to build a reputation that is respected,” Egan says. “So when people complain, the companies’ responses become much more meaningful rather than reactionary.”

It is my hope that NAA will follow their own advice to property managers. NAA has a huge problem. You submitted a fraudulent amicus curie brief in a litigation in Arizona that involves two infants deaths and a $25 million dollar insurance policy issued by Travelers. Then NAAHQ put it online that you submitted the brief.

NAA Files Amicus Brief in Mold Case

There are several science papers cited within the brief that I could reference and give the history of how they have stood up in court and in the media, but I am just going to reference to one: The US Chamber of Commerce “A Scientific View Of The Health Effects of Mold” 2003.

On page 9, NAA describes this paper as

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 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 this paper for the ILR. It cites false authorship of being authored by a physician. Yet, the physician has stated under oath that he had nothing to do with this paper and did not even know his name was on it. It has no scientific foundation to form the conclusion that all claims of illness from the toxins of mold are a result of “trial lawyers, media and junk science”.

The paper was actually authored by two owners of a litigation defense support corportation, VeriTox. One of the authors, Bruce Kelman, is an expert for the defense in the Arizona litigation. He comes to the mold issue circa 2000 from Big Tobacco.

He has stated under oath that the ILR paper was specifically written for judges. It was paid for by the Manhattan Institute think tank who wanted something written for judges.

If you have not been tracking the online reputation of the US Chamber, the organization that NAA is holding out as the guru of science over mold, you owe it to your members to do so. They are rightfully getting nailed left and right for deceits of claiming more members than they really have and their aggressive lobbying impacting everything from global warming to tort reform to the rape of females in the military. Not a great group to have your online reputation tied to at the moment.

NAA needs to take its own advice that it provides to its members. When faced with online complaints that are legitimate and extremely serious in origin, take action to correct the wrong.

NAA should retract their amicus submitted in the Arizona litigation. Not only is it presenting a fraudulent science paper by the US Chamber written expressly to influence judges, it is serving to damage the reputation of all members of NAA on a national level.

As I understand it, the plaintiff attorney in the litigation has submitted something to the court detailing and documenting the fraud within your amicus. If the courts do not take action, then the online bloggers that help those injured by mold will.

If the NAA is truly interested in doing what is right for its members and thus their tenants; and understands the impact of justified negative information on the net, then NAA should retract a now known fraudulent document they have submitted in a legal proceeding, immediately.

The true harm of the fraudulent NAA amicus brief is that it is misleading the members of NAA that mold does not harm. This leaves your members more vulnerable to lawsuits similar to the litigation in Arizona because it leaves their tenants in potential harms way from the NAA misleading their members as to the potential serious illnesses from the matter.

Thank you in advance for your proactive response to this message, It is my hope that NAA will heed its own advice and correct errors adverse to the interest of NAA members and adverse to the health and safety of NAA members’ tenants.

Sincerely,
Sharon Kramer

Disclosure: I have a degree in marketing. I have been tracking the deceit in science over the mold issue for about four years. I am currently in litigation with Bruce Kelman over this exact Chamber paper in Ca. I was the first to publicly write of the deceit of the paper online in 2005. The second time the matter was written of, was on the front page of the Wall Street Journal.

WSJ – Court of Opinion – Authors of Science Paper Often Cited by Defense Also Help in Litigation – Corruption & Deceit in Mold Litigation – ACOEM / US Chamber

Dr. Kelman sued me for libel for the word “altered” claiming it was a false accusation of perjury. The case has been interesting to say the least.

Political Action Committee – 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

Information on Riverstone Residential knowingly exposing tenants to extreme amounts of mold toxins at Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in Environmental Health Threats, Health - Medical - Science, Mold and Politics, Mold Litigation, Toxic Mold, US Chamber of Commerce | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment