Critics say state health officials could have stopped Shadow Lane mold deaths – but didn’t

by JASON WHITED
 
Wendy Pauluk’s morning medical marathon would choke the most hardened pill popper. She takes no morning coffee, no hearty breakfast to fortify her thin frame. She ignores morning newspapers or television weather reports for a gist on how her day will go. Even at this early, groggy hour, she knows she’ll be dead if she doesn’t take today’s nearly 90 different pills, inhalers and medical supplements already waiting for her when her feet hit the floor. By now, this regimen is old news.

The 47-year-old local psychologist says her piles of meds are the only reasons she’s still alive. They might keep her weakened body moving, but they also bolster her broken heart, shattered to bits since she lost her husband, Dan, to a toxic mold infection last July.

“Each morning, I immediately have to take five capsules to keep my immune system going. Thirty minutes later, it’s 16 more pills, followed by more pills for my kidneys, some anti-fungal medicine … and then, of course, what I have to take all through the day,” she says. Wendy doesn’t take the pills to cope with the pain of Dan’s loss. This isn’t Valium, or a Bloody Mary, just to get her through to lunchtime. This is life and death.

Since CityLife first reported in April that Wendy is suing the Health District of Southern Nevada, alleging Dan died from years of exposure to toxic mold while working at the district’s Shadow Land headquarters, doctors have found near-lethal levels of the same two mold species — Aspergillus and Stachybotrys — in Wendy’s body, too.

Unlike Dan — whose mold-related symptoms meant nearly four years of dementia, putrid, weeping sores that covered his body and internal organs eaten nearly through by the billions of mold spores coursing through his body, Wendy’s infection manifests only internally.

Since April, doctors have had to remove large parts of Wendy’s jaw and most of her teeth as the Aspergillus and Stachybotrys feasted on the bone and the soft tissues of her mouth and gums. Today, a weakness in her chest, a routinely swollen heart and bleeding lungs also round out her symptoms. Oh, and don’t forget the strokes. (She’s had at least three in the past couple of months). The dark mold spots that recently showed up in her cheeks worry Wendy, too. Doctors still want to know if the high levels of mold toxicity in her blood and brain caused them.

Beyond dispute, however, are the near-lethal levels of toxic mold that have infested her former family home and forced her into a rental house. National mold experts say it’s a wonder Wendy has survived this long after contracting the same mold that killed her husband. Based on two recent environmental studies of the suburban Henderson home she shared with Dan, the interior mold levels in Wendy’s house should have hospitalized her months ago.

According to one April 7 environmental study of the Pauluks’ family home from Phoenix-based Air Pure Environmental Services, the amount of Aspergillus – one of the biological weapons-grade molds that killed Dan – now eating away at that Henderson house is at least 16 times greater than spores sampled from ambient, outside air. The highest levels? In Dan’s former bedroom, where he spent the last year of his life screaming in pain most nights as the Aspergillus colonies in his internal organs ate their way out through his flesh. It’s the same room he died in, surrounded by Wendy and other family members.

Pauluk’s friends wonder how much more the woman can take. But new evidence in the case is raising fresh concerns both about how the Nevada Occupational Safety and Health Administration handled the mold investigation at the health district and local politicians who claim to make public safety a top priority.

As CityLife reported in April, at least six environmental studies showed mold infestations at district’s headquarters as early as October 1998, when UNLV scientists first reported its presence there. Health district spokeswoman Stephanie Bethel cites a series of other reports, commissioned by the district, which show those two types of mold in the Shadow Lane building, but at or near similar levels to what inspectors found in the outside, ambient air. But other independent studies showed mold inside the district headquarters at near-toxic levels. After so many separate positive results, mold experts have asked why Nevada OSHA officials didn’t shut down the district headquarters for a full decontamination.

But Ron Parker, a local Nevada OSHA supervisor, said his inspectors did everything by the book. “We’re following federal standards; there are no mold [concentration] regulations,” he says.

Technically, Parker is correct, says Linda May, a nationally known toxic mold expert who’s working with the Department of Defense to help rid all stateside bases of similar toxic mold infestations. But overarching OSHA standards, specifically, section 5(a) of the agency’s federal regulations, require OSHA to shut down any office where toxic mold is suspected of sickening employees, says May. Those same federal regs would override the state statutes Parker reels off and suggests that perhaps he and his team could have done more to protect Dan and the other health district employees who contracted toxic mold while working at the Shadow Lane building. According to internal district memos obtained by CityLife, more than a dozen other employees could have been sickened by the mold.

“This guy [Parker] doesn’t know what he’s talking about,” says May. “Frankly, I’d like to know what his background is … He should have known this the day he joined OSHA.”

Equally troubling to Wendy is Las Vegas Mayor Oscar Goodman’s handing off a package of citizen complaints about mold at the health district to Mayor Pro-Tempore Gary Reese and Ward 5 Councilman Ricki Barlow back in April.

Barlow, who also sits on the health district board of directors, says he intends to put an end to the more than 10 years of mold infestation on Shadow Lane. “I have no other choice but to stop it,” says Barlow. “I sit on this board and am serving as a concerned citizen. If [health district leaders] withheld additional information, I have to address it at this time,” he says.

Reese, however, said one conversation with health district chief Dr. Larry Sands was enough to put his mind at ease. After Sands allegedly told Reese the mold problem had been “fixed,” the councilman says he was satisfied. “I just go by what they tell me,” says Reese. For months, CityLife has asked to speak with Sands, but reporters are always handed off to his public relations staffers.

In addition to the comments from local politicians on the matter, a series of internal health district memos and e-mails show supervisors there allowed at least one other health district employee, Lyle Rohan, to transfer out of the Shadow Lane offices in 2003 after he complained of breathing problems because of mold in the building. Dan Pauluk wasn’t transferred until after two years of similar requests — in 2005, when he was already dying of mold poisoning.

“Why was his request honored and mine denied?” asks Dan in an internal memo. Wendy is still waiting for an answer to that one.

And she and her attorney, Alex Ghibaudo, would also like to know how district lawyers could be so callous in their motions to have the case thrown out. In a matter of weeks, a judge will decide whether to dismiss Pauluks’ suit or proceed with oral arguments. In the meantime, a motion filed by health district lawyers seems to mock the Pauluks’ ordeal, when it reads, ” … a certain toughening of the mental hide is better protection than a law could ever be.”

“What?” asks an incredulous Ghibaudo. “It would be a frightening society which harbored the kind of people that could watch others die under such horrible circumstances and not care an iota about it. Nevertheless, this is the callous indifference that is typical of [the health district], its supervisors, managers and its lawyers.”

Spokesmen for both the health district and OSHA have refused to comment further on the case.
 
lasvegascitylife.com

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Westview High School mold hearing – amended suit against board to include fraud

Sabrina Bates, Chief Staff Writer

Thursday May 14, 2009 

Plaintiffs against the Weakley County Board of Education have added fraud to their list of accusations surrounding the issue of “toxic mold” at two local schools.

In a press release sent out by Attorney Larry Parrish’s office, his client Carol Hinman of Martin on behalf of her school-age children has amended a suit against the board to include fraud.

“Plaintiffs allege that the Board of Education denied that a mold problem existed at Westview (High School), when, in fact, the Board of Education knew of the mold problem as early as 1998, when memos, issued in 1998 and 1999 discuss, ‘heavy mold … evident on the gym concrete bleacher areas’ and ‘numerous ceiling tiles stained from condensation,’” the release cites.

According to the release, the county’s board of education sued H&M Construction, Fleming Associates/Architects P.C. and Hughes Mechanical Contractor, Inc. in April of 2000 claiming March 13, 1998, employees noticed substantial moisture problems and high humidity levels inside the Westview High School building.

Allegedly the moisture and high humidity levels “caused microbial growth, mildew and mold throughout the school” damaging the structure, plumbing and contents.

The issue of mold-like substances within the local high school was made public when students staged a protest in 2007 with signs that claimed mold was making them sick.

Two separate lawsuits were filed against the Weakley County Board of Education by parents of former WHS students alleging toxic mold within the structure has made their children sick.

Julie Joost, mother of Caleb Joost and Hinman, mother of Dominique and Griffin Pochop are seeking compensatory and punitive damages from the board for their children’s alleged contact with mold.

Memos dating back to July 1998 and July 1999 from Fleming Associates, an architect company located in Memphis, and addressed to Weakley County Director of Schools Richard Barber, Westview High School Principal David Byars and maintenance employees cites mold intrusion as a result of an HVAC unit malfunction at the school was discussed among those present at the meetings.

Last year, 27th Judicial District Circuit Court Judge William Acree ordered the board to perform a summer remediation of mold within the school building and a third party inspection of WHS as well as Martin Middle School.

On Monday, May 18, a number of different entities are scheduled to appear in a court hearing at 9 a.m. in Weakley County before Acree as the battle over mold growth within the two schools continues.

nwtntoday.com

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University of Cincinnati still neglectful of mold

Amanda Woodruff | The News Record

Published: Sunday, May 17, 2009

Coulter Loeb | The News Record

UC still has not acted to remove the asbestos and black mold in Morgens Hall.

The University of Cincinnati has yet to respond to reports of the presence of black mold and asbestos in Morgens Hall, and the health of previous residents may be at risk.

The university is legally mandated to respond to the situation by notifying all previous residents who could be affected by the toxic mold, Linda May, international health and safety consultant said. In that notification, all health risks must be listed and people are encouraged to be medically tested for illnesses caused by black mold and asbestos.

“There is a zero tolerance policy for this,” May said.

The mold can go undetected for years while growing within walls, in ceilings and underneath floors. Eventually, the mold may become potent enough to damage building materials and the occupants’ health.

“Unfortunately, no one from Housing and Food Services, or any other UC office, has contacted me about this,” said Peggy Shannon-Baker, a former resident of Morgens Hall.“To my knowledge, past residents still have not been informed of this, nor have we even received a statement that actually confirms that mold is or was
in Morgens.”

Certain tests may be performed at low cost during a physical survey by using a thermal scanner to report temperatures and moisture levels behind walls. Other noninvasive options for mold detection include the analysis of basic air quality reports.

Some buildings have what is called Sick Building Syndrome, according to the World Health Organization. SBS occurs when occupants experience headaches, throat irritation, nausea, acute allergy symptoms and fatigue, but symptoms may occur even if there is no specific report of mold or asbestos. Small changes may be made to the air quality and moisture levels to prevent mold growth and decrease the SBS symptoms.

The U.S. military reported on the dangers of black mold, which contains a chemical called trichothecene mycotoxin. Their report said trichothecene mycotoxin is very common in molds that are found in school buildings.

“This family of mycotoxins causes multiogran effects, including emesis and diarrhea, weight loss, nervous disorders [and] cardiovascular alterations, ” as stated in Chapter 34, sections one and two of the U.S. military report.

May said that individuals who lived in Morgens Hall should be tested immediately for mold poisoning and seek proper treatment, which does not include antibiotics or inhalers.

The month of May is, in some states, Toxic Injury Awareness and Education month. For information on mold exposure and poisoning, including a list of symptoms, visit epochtimes.com or the  U.S. Military’s Chapter 34 Trichothecene Mycotoxin report online.

newsrecord.org

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Posted on ‘we saw that’ – the loony looziana legislature gets some “ethics training”

14 May 2000

Note – You may laugh at this if you don’t live in Louisiana.  You might get sick if you do.

video link

in 2008 on the 10th day of february through the 26th day of that month, the louisiana legislature convened a special sesssion known formally as the 2008 1st extraordinary session to consider legislating relative to the state ethics code.

somewhere in all that “ethics legislation” they passed was a requirement for a one hour “ethics training” presentation. somehow, perhaps statutorily, the clerk of the house alfred w. “butch” speer was designated to make the presentation. this was done on 30 april 2009.

mr. clerk speer, for his part did an outstanding job — especially considering the caliber of the individuals that he had to work with, was accompanied by a representative from the state ethics board.

what was supposed to have been a one hour presentation stretched to nearly two and a half hours because mr. speer was constantly interrupted with lots of inane questions. some of the legislators couldnt quite grasp the difference between an employee and an owner or the difference between their mailing address — mailing address meaning the address at which they receive their postal mail.and their street or municipal address.

representative tom mcvea wanted to know if a mailing address would be his office mailing address or his home address.

representive eddie lambert (the clown who wants to make the red light traffic scameras legal state-wide), who says that he is a lawyer, cant seem to grasp the definition of and the difference between part-time and full-time employment. representative lambert seems to think that his job as a legislator is a full-time job until he is reminded by mr. speer that being a legislator isnt a job — its an elective office and defined constitutionally as part-time.

representative damon baldone, notices that he must file something within ten days of his notice of candidacy and wants to know “what triggers a notice of candidacy?” mr. speer says “a notice of candidacy is when you qualify.”

representative jerry gisclair, apparently owns some radio stations that receive money from advertising from truck stop video poker establishments. he is concerned about how to report that. mr. speer has to explain to him the definition of “income.”

representative chris hazel, wants to know if he reports his income as a state representative as income from the state or income from a political subdivision.

representative herbert dixon, has an interesting question: he wants to know, if you have to report that suppose you serve on a church board that manages an apartment complex.

at one point mr. speer remarks, kinda jokingly, “you guys, ladies, look at me with these confused looks, just to remind you, i didnt vote on this stuff — you all did.” and that is really the point. the legislature had an entire special session devoted only to ethics reform — yet they remain clueless as to what they did to themselves, their spouses and in some cases to their families and associates.

it stands to reason that if the legislature is this ignorant in laws that they pass that affect their own interests that they are equally ignorant in every bill they pass that affects you and yours.

we saw that

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Public Service Announcement – May is Toxic Injury Awareness and Education Month!

Provided by:
MCS” Beacon of Hope
Contact info listed below

If you or someone in your family has unexplained health symptoms, the root of the problem could be right under your nose. People of all ages including our unborn children are being exposed to “unnecessary and avoidable” toxic exposures. Far too many (conservatively estimated at over 40 million in the United States, alone) develop Toxic Injury, illnesses, and disabilities.  Toxic injury (T.I.) is not only life changing but is often life threatening. Toxic Injury can be caused by short-term or chronic exposure to one or more chemicals, frequently pesticides, and solvents, air pollution, petrochemicals, mold and other toxins found in homes, schools, workplaces, our everyday products and environment. Toxic Injury knows “NO” boundaries.  “EVERYONE” is at Risk. It is an equal opportunity disability!

Do you experience a headache or become confused when in traffic, or in the detergent isle in the grocery store, do you have adverse reactions to odors/fumes from softener sheets/products from your neighbor’s dryer vent or from someone’s perfume or shampoo? Would you inhale, absorb or ingest acetone, 1,3-butadiene, benzenes, butylated hydroxy-toluene (BHT), dioxins, formaldehyde, methylene chloride, PVC’s, phenols, vinyl chloride, xylene or other such toxins. . . NO? Think again. These and similar toxic chemicals are in every day consumer products! As consumers we have turned a blind eye and accepted everything offered as safe for our use without any proof of product safety or toxicity. Toxic Injury came like a thief in the night and has become the fastest growing segment of the Disabled population. It includes all persons harmed and disabled by consumer product and/or environmental toxins. Toxic related illnesses are devastating people, the health care system, and the economy. Those with toxic injuries/disabilities become functionally impaired. Their ability to act, speak, write, perceive or carry out a simple task can be adversely affected. The toxins we all are exposed to interfere with learning in schools and on the job by impairing brain function. They create unnecessary absenteeism and disability with otherwise productive citizens and workers. This is a tragedy for them as well as the economy.

Only a very small percentage of the components of consumer products are ever tested for safety before being released for public use.  The result is toxic substances in our personal care products, household cleaners, our furniture, building materials, food, and pharmaceuticals. Many contain ingredients that are listed on the EPA, RCRA and CERCIA Hazardous waste lists. Many pesticides and industrial cleaners are routinely used around our children, in schools, around our ill and most vulnerable loved ones in hospitals and other medical and housing facilities. These chemicals are known to be toxic, carcinogenic, neuro and developmentally degenerative and mutagenic, yet they are still in use. We must become vigilant researchers. We must find out what is in the products before we bring them into our homes, or allow them in our airspace. It is important to become aware so we can make informed decisions. SAFER ALTERNATIVES, choices, products and practices are readily available, affordable, and effective . . .  Please take the time to check them out!

You might already know a friend or loved one suffering from some form of toxic injury: pesticide poisoning, Gulf War Syndrome, sick building syndrome, chemical hypersensitivity, mold induced illness, cancer, diabetes, neuro-degenerative diseases like Alzheimer’s, ADD, ADHD, autism, and Parkinson’s.  Medical conditions caused and aggravated by toxic exposures include toxic encephalopathy, migraine, asthma, sinusitis, otitis, emphysema, autoimmune diseases, chronic fatigue, liver, kidney, and coronary problems, attention deficit, hyperactivity, autism, fibromyalgia, and many more diseases involving inflammation. Once damaged, our bodies adversely react to more substances at much lower levels. Some of the symptoms include but are not limited to extreme fatigue, non-ending flu-like symptoms, difficulty breathing, impaired balance, seizures, tremors, loss of muscle control, short-term memory loss, inability to concentrate, difficulty retrieving words, trouble with multitasking, rashes and the list goes on.
 
Just as physical barriers prevent wheelchair access, invisible barriers (toxic chemicals, pesticides, scented products and mold) deny us necessary access to public facilities like hospitals, medical and dental care facilities, emergency, assisted and residential housing which are necessary for survival. Those suffering with Toxic Injury deserve the same rights, acknowledgment, respect, support and help allotted to other illnesses and disabilities.

Our hope is that the misdiagnoses, mistreatment and discrimination against patients with these illnesses will cease with increased awareness and education. Please, make safer choices.

We need to change our ideas and practices to protect all of our citizens, children (our future leaders), pets, livestock, agriculture, industry and our environment. No one can afford to continue using consumer product or environmental toxins. The price tag is too high, and the bill is coming due.

We applaud each of the Governors who have signed T.I. Proclamations, this year or in the past. Simply by teaching and practicing good stewardship, by making safer choices, manufacturing and using safer products, these preventable and devastating illnesses can easily be prevented from happening in the first place. Yes, it is that simple!

Don’t let this happen to Your Child or Loved One . . .
 Get Involved … Become Aware … Make Safer Choices!

For more information, please visit our website via: toxicinjury.org OR toxicinjury.net

Sincerely, your friends in Hope & Health,
Peggy, Julia, Jennifer and John

Peggy Troiano, Founder and Program Manager:
E-mail: mcsbeaconofhope@yahoo.com Ph. 727-239-7884

Julia Williams, Executive Director:
E-mail: juliamcs2004@yahoo.com Ph. 727-530-0169

Jennifer McKinnis, Accommodations Advocate & Oregon State Rep.
E-mail: mckinnis@oregontrail.net Ph. 541-567-2017

John McBride, New Jersey State Representative & Toxic Mold Activist/Consultant
E-mail: moldleg333@live.com Ph. 732-894-3047

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