Riverstone Residential allowed this mother and baby to move into a Toxic Environment – Jefferson Lakes Apartments

And threaten those who report extreme amounts of toxic mold blowing from the HVAC system and growing in plain sight.

Even with documented reports they still deny and ignore this public health threat.

The Louisiana Housing Finance Agency also knows about the high level of toxins in these apartments because they were involved in the sale of this complex at the time a mold inspection report was done.

All this is blatantly ignored and allowed to be ignored by those that are supposed to uphold laws.

Ignored are any laws that would hold accountable those who knew of this toxic environment and therefore made very serious health decisions that affect us which they had no right to make.

They allow people living there now to breath in toxins and continue to let new victims move in.

This is criminal.

My beautiful grandbaby had just turned one and was just starting out in the world only to be exposed to large amounts of toxins by –

A SORRY EXCUSE FOR A RESIDENTIAL MANAGEMENT COMPANY

THEIR SORRY EMPLOYEES

THE SORRY OWNERS OF THESE BUILDINGS

THE SORRY INDIVIDUALS INVOLVED IN STATE AGENCIES

AND NOW WE HAVE – THE SORRY INDIVIDUALS IN WHAT IS SUPPOSED TO BE THE JUSTICE SYSTEM WHO SHOW US LAWS DO NOT MATTER AND THAT IT DEPENDS ON WHO IT IS THAT HARMS US WILL BE WHAT DETERMINES IF WE HAVE ANY RIGHTS. katy

Posted in Environmental Health Threats, Louisiana Housing Finance Agency, Mold and Politics, Mold Litigation, Riverstone Residential, Toxic Mold | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

2002 personal injury lawsuit against AP&S gets settled – respiratory problems from stachybotrys & other molds

By Howard Greninger
The Tribune-Star

TERRE HAUTE — A personal injury lawsuit filed in April 2002, alleging mold caused respiratory afflictions to some workers inside the former Wabash Valley Surgery and Eye Center, has been settled in mediation.

The lawsuit, originally including 16 employees, alleged respiratory problems from stachybotrys and other molds in an Associated Physicians & Surgeons Clinic (AP&S) building at 422 Poplar St. Stachybotrys is a greenish-black, slimy mold that can release toxic chemicals known as mycotoxins.

The lawsuit was settled Feb. 24 during mediation, the second time the lawsuit had gone to mediation prior to a scheduled trial in October. An “upper-six-figure” settlement was reached with 13 plaintiffs who remained in the lawsuit, said Christopher Gambill, a Terre Haute attorney who represented 11 of the plaintiffs. The settlement was made individually, with each plaintiff receiving a varied amount.

“What really made the settlement possible was Union Hospital had health insurance liens and they agreed to waive hundreds of thousands of dollars in insurance liens [with AP&S]. They helped facilitate there being a settlement,” Gambill said.

Gambill said the total value of the settlement, plus the wavier of liens, ranged from $1 million to $1.5 million. He said both the plaintiffs and the defense had high-profile experts ready to testify.

“This was a high-risk case. It is a classic example where settlement came because the risks on both sides were very high,” Gambill said. “The court had set aside a month for this trial.”

The settlement was paid by AP&S, CDI Inc., which erected the building, and Artekna Design, an Indianapolis architectural firm.

“We felt it was appropriate to attend mediation at the time and felt that while the resolution was not the perfect desire of either party, it was a better alternative than moving forward with a trial,” said Pat Board, chief executive officer of AP&S Clinic.

The lawsuit alleged problems from the building’s heating, ventilation and air-conditioning (HVAC) system, as well as other issues.

Board said under a services agreement with Union Hospital, the clinic underwent extensive repairs paid by the hospital and completed in 2001. Other modifications were made in 2005 and in 2007 and AP&S has moved into a new surgery center. The building now houses offices and an eye center.

“The building has been completely remediated of any mold concerns. The building is functioning 100 percent as it should. It is 100-percent fixed,” Board said.

A telephone message was left Monday at the office of John H. Daerr, attorney for CDI Inc., and with a fellow attorney, Matt Voors, who said he would relay a request for comment to Daerr. Geoff Blazi, an attorney for Artekna, said he was not authorized by Artekna to discuss the settlement.

The lawsuit’s resolution has been a long time coming, said one plaintiff.

“It has been nine long years,” said Terri Acton, 47, a plaintiff in the lawsuit who now works at Union Hospital. “We started in 2000 to try to get information from AP&S about air quality. That is the only reason we sought an attorney is because they would not release that information to us. My physician needed it because my asthma was out of control.”

Acton said workers originally had sought payment for sick time and medical bills “and to fix the building and make it a safe place to work…

“I am satisfied it is over. There comes a point in time that you just want to try to put it behind you. The attorneys, now, can put it behind them. We’ll be a distant memory to them in a few months, but for us, every asthma attack we have, every complication we have from working in the building, will be a constant reminder to us of what we lived with and still continue to live with,” Acton said of medical problems from stachybotrys mold.

tribstar.com

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

Affordable Housing Institute – The Challenge of Mold – The Sickness & The Litigation

March 2, 2009

Part 1 – The Sickness

When mold first appeared as a new risk a decade ago, I was a skeptic.

Grumpy_skeptic
And grumpy too

I’d seen the questionable science of ‘connective tissue disease,’ and radon before that, and the grand-daddy of them all, the asbestos-remediation hysteria. (Yes, asbestosis is a hideous disease, caused by the buildup of insoluble asbestos in the lungs, and yes, if you work at Johns Manville for twenty years assembling friable asbestos insulation, you can die of it, but no, if you’re working in a normal office building with vinyl asbestos tile or an asbestos popcorn or insulation ceiling, your odds of expiring are really low.)

I had to be convinced that mold was real.

Over the ensuing decade, I became convinced it is real.  Mold affects maybe 5% of the population, but for some of those affected, it can be a hell.  For when I noticed a Washington Post story on one family’s struggles with in-home mold, I was prepared to be convinced either way.

Jury_box
A blogger’s representative audience: impatient and bored

In the interest of opening with a grabber, the Post’s article jumbles time; in the interests of providing education, and placing readers in the blogospheric jury box, I’ve unjumbled it.

Heads_jumbled
For those of you who can’t make head or tail of it

There are eight scenes and a moral.

1. In 2005, the family bought a house

Wendy Meng said their new home sat on the premier lot in the neighborhood, on half an acre, with a pretty pond behind it. She and her husband loved the wrought iron staircase, Brazilian cherry flooring, high ceilings and three fireplaces.

“We were so excited. This was my dream house,” she said. “I used to come down in the morning and pinch myself. It was so beautiful.”

Wapo_sick_house_suffering_family_paul_090201
From the Washington Post:
Paul and Wendy Meng, at their mold-filled home in Chantilly. Family members have suffered migraines, nosebleeds and other problems.

Before moving into their new 5,900-square-foot house in the Tall Cedar Estates subdivision in November 2005, the Mengs said, they asked the Drees company to fix a few problems, including leaky windows in the basement.

Such minor touchups – punch-list items, they’re usually called – are a common enough feature of brand-new homes in new subdivisions.  Smell details are overlooked.  Some screws are left untightened.  Soil conditions may differ slightly from what was expected.  Houses settle. 

2. The family got sick

We think of the home as a haven, so it’s more than unsettling to discover that the house is insidiously attacking.

Amityville_house
Honey, maybe we should just rent before buying?

The migraines began three months after Wendy Meng moved into her new Loudoun County house.

Unlike the case I posted about in the problem with owning, where the ‘latent’ defects arrived seven years after the families bought their houses (at bargain-basement prices, too), these arrived quickly – and had severe effects.

They lasted for hours, forcing her to sleep in her closet because she was so sensitive to light.

I’m also wary of psychosomatic effects, but again, these effects are serious.

Then her heart rate started spiking.

Mold affects roughly 5% of the population, but for those severely affected, it can be a hell.

Before long, her 8-year-old daughter, Emma, started having headaches, feeling dizzy and suffering nosebleeds. Wendy’s husband, Paul, a runner on the track team in college, was short of breath after climbing the stairs. A raft of tests by doctors came back negative. The Mengs were chronically ill, and they had no idea why.

Terrifying.

But over the next year, they noticed a pattern: The more they were out of the house, the better they felt. After doing some detective work, they discovered that the source of their pain was the place they called home.

Everybody may now chant, correlation is not causation. 

Chanting_monks
“Correlation is not causation Correlation is not causation Correlation is not causation…”

In February 2006, the migraines began. “We were very scared. I was in bed 95% of the time,” said Wendy Meng, 37. “All we ever wanted was to be able to have a home.”

Adding to mold’s insidiousness is its imperceptibility.  You don’t see it, you don’t feel it, you don’t smell it.  You just get sicker and sicker of it.

On March 30, 2006, she went to see her family doctor in Herndon, who noticed one of her pupils was dilated. The doctor called an ambulance, and she was rushed to a hospital and given a CAT scan, she said. She was given heavy painkillers, referred to a neurologist and released, she said.

She was readmitted to the hospital for four days in April with a racing pulse and high blood pressure. She was referred to a cardiologist, and another battery of tests was inconclusive, she said.

The Mengs are experienced the kind of terror routinely suffered by urban dwellers In the nineteenth century, who would come down with typhoid, cholera, or diphtheria without knowing whence came the disease or how to stop it.

Cholera_epidemic_1849
Infectious diseases have long been mysterious

Because mold sickness is a byproduct only a highly technological (hence affluent environment), its epidemiology is still being discovered. 

The pattern of tests, referrals and failed treatments would continue over the next year, Wendy Meng said. She was hospitalized seven times and experienced memory loss, heart palpitations and difficulty breathing, all without knowing why, she said. Meanwhile, the rest of her family was getting sick, too. Emma, now 11, had her nose cauterized with acid three times to prevent the bleeding, Wendy Meng said.

Good gracious.  Imagine your fear.

Paul Meng, 48, and daughter Kaleigh, 12, developed asthma.

(Asthma is another urban-society whose epidemiology is mysterious.)

During trips to the emergency room, Wendy noticed that her pain would often subside. Just a few hours out of the house was often all it took, she said.

In the mid-nineteenth century, the miasmatic theory of disease transmission was all the rage (and to be fair, lots of diseases are airborne).  Ironic that now, ‘miasma’ is as good a name as any for living in a moldy house.

Miasmatic_cholera
Cholera as a miasma sweeping over the battlefield

My husband could see it on my face,” she said. “He could physically see the pain leave.”

3. The house had nasty mold

In January 2007, the company had the basement windows repaired, and Paul Meng bought a home testing kit for mold and radon, on a hunch that air quality might be a factor, the Mengs said.

He sent the samples to a lab, which reported finding “unusual mold conditions.” The couple then hired professionals to repeat the tests, with the same results. Drees was informed, and in February 2007, the company hired a contractor to do an inspection. The inspection turned up mold, and the contractor made recommendations for removing it.

The next month, the Mengs received a letter from Drees saying the company was not responsible for carrying out the recommendations, according to court papers filed by the Mengs.

Moldy_house_icon
Not my fault!

In researching this post, I found that the Mengs have now created a Web site, www.donttrustdrees.com.

A Drees executive told Paul Meng that the illness was “all in your wife’s head,” Paul Meng said.

Recall this is the plaintiff talking, but even so – ack!

The Mengs have posted a two-page pathology report of Wendy Meng’s condition.  

Shoddy construction and unmended leaks had let moisture in, allowing toxin-producing mold to grow and spread through the three-story house, the Mengs said.

Mengs
The Mengs in front of their house

Part 2 – The Liability

Six_weeks_moldy_house
What six weeks in a moldy house can do to you

Untangling the Washington Post story into its logical sequence, the Mengs went in to court seeking to prove the remaining five parts of their logic chain:

4. The mold showed up after the house was built

The Mengs had identified some punch-list items, which Drees had corrected:

Drees told the Mengs that the windows had been fixed, but puddles in the basement persisted after the family moved into its $900,000 home in the Chantilly area of Loudoun, the Mengs said.

The factual question is whether there was mold.  I presume there must have been.

They later learned that Drees had not allowed the house’s frame to dry before installing drywall, creating the perfect conditions for mold to thrive all over the house, the Mengs said.

This too is a factual issue to be determined at trial, but let’s assume it’s right.

Chin S. Yang, a mycologist who testified as an expert witness in the trial, said that mold grows in houses when excessive moisture is present and that the problem became more common after drywall largely replaced plaster in home construction.

Dr. yang certainly seems to be an expert on the subject.

Sampling_microorganisms
Co-author of a text on the subject

He said the paper in drywall contains sugar polymers that can serve as food for organisms.

As I posted in dreamers versus plumbers, it’s not how you design it that mattes, it’s how you build it. As I noted, it’s dangerous to flout Padfield’s law of complicated structures.

law-construction-complexity3

5. Removing the mold coincided with their return to health

Meanwhile, the Mengs applied the engineering approach: change something and see what happens.

In April, Wendy Meng took a four-day trip to Williamsburg. Her headaches stopped completely, she said, and “the pain just lifted.” When she returned home, the migraines quickly returned and the next weekend she was hospitalized again.

They had no choice but to move, the Mengs said.

Taking only their beds, a couch, a table, some teddy bears and clothes that had been dry cleaned, the family moved to a South Riding townhouse that April. The sickness continued, but to a lesser degree, they said. The mold had contaminated their possessions and had followed them to their new home, they later learned.

Makes you believe in malicious spirits, doesn’t it?

Last March, the Mengs went to see Ritchie Shoemaker, a doctor on Maryland’s Eastern Shore who specializes in illnesses caused by water-damaged buildings. He said mold and other microbes in the house had produced toxins that made the Mengs sick.

Shoemaker said their possessions had been contaminated, too, and the family threw away almost everything, including family photos, baptismal gowns and toys. “He said we had to get rid of everything we had,” Wendy Meng said. “When we moved [again] . . . we didn’t even bring a sock.”

The Mengs moved to Aldie in March last year. In September, they went to a bio-detox center in South Carolina for about a month to remove toxins that had built up in their bodies. The children missed about a month of school, and “that’s been challenging,” Paul Meng said.

Among other treatments, the Mengs sat in 150-degree saunas for three hours a day.

Wapo_sick_house_suffering_family_wendy_090201
From the Washington Post:
Wendy Meng gets her daily oxygen treatment at a rented home in Aldie, where the family moved last March. The Mengs moved to South Riding before that.

Since the Mengs all got sick, and were not sick until they moved in to the house, one can point to the house as a probable cause.  Further, if mold spores had gone into their lungs, it could be quite some time before they are flushed out.

I felt like I got my life back,” Wendy Meng said, though she and other family members still have problems.  Paul and Kaleigh have asthma.  Wendy and Kaleigh are on a daily regimen of oxygen treatments, and Wendy has painful muscle spasms in her neck and shoulders from time to time.

6. They sued the home builder

The Mengs were unable to get satisfaction from their builder:

“We kept on hoping that Drees was going to do the right thing,” Wendy Meng said. “All we asked them to do was put us up somewhere while they got the house completely cleaned . . . and they wouldn’t do it.”

Not_paying_attention

They filed a lawsuit against Drees in Loudoun County Circuit Court that August.

Litigation is a blunt instrument.  But it gets the mule’s attention.

Being_hit_on_head
Oh, you got a copy of our filing?

Paul Meng, who co-owns a company that automates systems in commercial buildings, said he never wanted it to go to court. “Court is the last resort. . . . We still trusted them. We had expected them to come through for us.”

7.The home builder said it didn’t happen, and if it did, it wasn’t our fault

In court, the company:

[1] Denied that the way it assembled the house led to the mold
[2] Said it was not responsible for cleaning it up
[3] Said it did not think that the mold made the Mengs sick

Though this three-tier defense sounds risible out of context, it’s actually fairly reasonable.

Three_tiers
We’re still constructing our defense

Working backwards:

[3] The company needn’t concede that the mold made the Mengs sick, although the overwhelming preponderance of evidence (presented in the WaPo article) favors that conclusion.
[2] Is a consequence of [1].
[1] Is the core question – was the company’s construction faulty?  If it was, and if that led to mold, it’s hard to avoid being found liable, since the Mengs are clearly sick, and clearly have been at their wits’ end for some time.

As one might expect, given that summary …

8. The jury found for the plaintiffs

A Loudoun jury recently awarded the family $4.75 million, among the largest awards in a mold case in Virginia.

But by no means the only one, as the attached newspaper clipping shows.

Mold_settlement
$22.6 million for some timbers

Jurors said the home’s builder, the Drees Co., was negligent and violated the Virginia Consumer Protection Act. They said the company was responsible for the couple’s health problems but not those of Emma, their youngest daughter.

Litigators whom I know are divided on jury trials.  Some like them when there is a David-versus-Goliath story, or a consumer-versus-company tale, counting on the jury’s natural sympathy for the party more like themselves – particularly if personal-injury is involved.  My own experience (as an expert witness) suggests that juries (except in some states that I’ll decline to name) are wiser than we give them credit for.

Barbara Drees Jones, vice president of marketing for Kentucky-based Drees, declined to comment on the case because attorneys for Drees are going back to court Friday [that is, February 6 – Ed.] to ask the judge to set aside the verdict.

Drees Homes recently won a 2008 award as being among ‘America’s Best Builders.’

Davd_ralph_barbara_dress_jones
Multiple generations of Drees – David Drees, Ralph Drees, and Barbara Drees Jones

I’m sure they really wish this would just go away – which suggests that they think the award must be way too large

Kurt C. Rommel, an attorney for Drees, said it would be inappropriate to comment until the judge enters a decision on the jury verdict.

Kurt_rommel
Rommel thinks it inappropriate to comment

The Mengs still own the Chantilly house, but they said it would cost about $400,000 to remove the mold and make necessary repairs. They’re not sure what to do with it, they said, and are reluctant to sell it for fear it would cause another family health problems.

The Mengs said problems with the house have cost them hundreds of thousands of dollars in medical expenses, legal fees, discarded furniture and other expenses. But they can be replaced.

“If you don’t have your health,” Wendy Meng said, “it doesn’t matter what you have.”

I smell a settlement coming, with a confidentiality agreement provision.

9. The moral: watch your subcontractors!

For developers, there’s an obvious moral.

Horse_through_windshield
Don’t be a horse’s ass?

“What you have is [Drees] not using common sense,” said David H. Wise, the Mengs’ attorney. “They didn’t supervise their subcontractors. . . . They didn’t care when water intruded into the house during construction.”

Whatever the outcome, whatever the settlement, that is the lesson: supervise your subs!

Submarines
You have no idea what’s going on under the surface

Tags – Environmental, Health, Homeownership, Legal, Mold, US News

affordablehousinginstitute.org

See – The connection between the author of ‘The Challenge of Mold’ – Recap Advisors – CAS – Riverstone Residential & Toxic Jefferson Lakes Apartments

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

Development of WHO Guidelines for Indoor Air Quality – Dampness and Mold

World Health Organization – Report of a Working Group on Mold  (published 2008) 

This very significant document provides an overview of the known risks from mold exposure, and what should be done about them (recommendations). As a primarily European workgroup, it is interesting to note the difference in what the U.S. Centers for Disease Control is telling us about mold and health and what this workgroup from the esteemed World Health Organization found to be true. At The Center for School Mold Help, we find this document as an accurate beginning in describing the problem of mold on health, as experienced in damp buildings – and in the case of the United States, this describes most schools (SMH).

Abstact

Microbial pollution is one of the key constituents of indoor air pollution. It consists of hundreds of species of bacteria and fungi, and in particular filamentous fungi (moulds) growing indoors when sufficient moisture is available. Health problems associated with moisture and biological agents include increased prevalence of respiratory symptoms, allergies, and asthma as well asperturbation of the immunological system. Based on the extensive review of the scientific evidence, this WHO working group identified the main health risks due to excess moisture,associated with microbial growth and contamination of indoor spaces. It also formulated WHO guidelines for protecting public health, recommending that persistent dampness and microbial growth on interior surfaces and in building structures should be prevented (or minimized) as they may lead to adverse health effects.

Conclusions

Summary of the health risk evaluation

1. Sufficient epidemiological evidence from studies conducted in different countries and climatic conditions shows that occupants of damp or mouldy buildings, both homes and public buildings, are at increased risk of experiencing respiratory symptoms, respiratory infections and exacerbations of asthma. Some evidence suggests an increased risk of developing allergic rhinitis and asthma. Although not many intervention studies are available, their results show that remediation of dampness problems leads to a reduction in adverse health outcomes. 

2. There is clinical evidence that exposures to moulds and other dampness-related microbial agents increase the risk of rare conditions, such as hypersensitivity pneumonitis/allergic alveolitis, chronic rhinosinusitis and allergic fungal sinusitis.

3. Toxicological evidence in vivo and in vitro supports these findings by showing diverse inflammatory and toxic responses after exposure to specific microorganisms isolated from damp buildings, including their spores, metabolites and components.

4. While groups such as atopic and allergic individuals are particularly susceptible to exposures to biological and chemical agents in damp indoor environments, adverse health effects have also been widely demonstrated in non-atopic populations.

5. The increased prevalence of asthma and allergies in many countries increases the number of people susceptible to the effects of dampness and mould in buildings.

6. The prevalence of indoor dampness ranges widely within and among countries, continents and climate zones. It is estimated to be in the order of 10–50% of the indoor environments in Europe and North America, as well as in Australia, India and Japan. In some specific settings, such as river valleys or coastal areas, conditions of dampness are substantially higher than national averages.

7. The amount of water available on/in materials is the most important factor triggering the growth of microorganisms, including fungi, actinomycetes and other bacteria.

8. Microorganisms in general are ubiquitous in all general environments. Microbes propagate rapidly whenever water is available. The dust and dirt normally present in most indoor spaces provide sufficient nutrients to support extensive microbial growth. While mould growth is possible on all materials, appropriate material selection is nevertheless important to prevent dirt accumulation, moisture penetration and mould growth.

9. Microbial growth may result in elevated levels of spores, cell fragments, allergens,
mycotoxins, endotoxins, ß-glucans, and microbial volatile organic compounds (MVOCs) in indoor air. The causative agents of adverse health effects have not been conclusively identified, but excessive levels of any of these in the indoor environment indicates a potential health hazard.

10. Microbial interactions and moisture-related physical and chemical emissions from building materials may also play a role in dampness-related health issues.

11. Building standards and regulations on comfort and health do not sufficiently emphasize requirements to prevent and control excess moisture and dampness.

12. Besides occasional events – such as water leaks, excess rain, floods, etc. – most moisture enters buildings through incoming air, including that infiltrating though the envelope, or is due to occupants’ activities.

13. Allowing surfaces to become cooler than the surrounding air may result in unwanted condensation. Thermal bridges (such as metal window frames), inadequate insulation and unplanned air pathways, or cold water plumbing and cool parts of air conditioning units can result in surface temperatures below the dew point of the air that contribute to dampness problems.

14. The problem of excess moisture and dampness can be tackled by controlling the quality of the building envelope regarding air infiltration, exfiltration, and pathways of water intrusion, by ensuring adequate thermal insulation and by avoiding condensation indoors through the control of moisture sources and of temperature, humidity and velocity of the air in the proximity of the surfaces.

Recommendations

1. Persistent dampness and microbial growth on interior surfaces and in building structures should be avoided or minimized, as they may lead to adverse health effects.

2. Indicators of dampness and microbial growth include the presence of condensation on surfaces or in structures, visible mould, perceived mould odour and a history of water damage, leakage or penetration. Thorough inspection and – if needed – appropriate measurements may be used to confirm indoor problems related to moisture and microbial growth.

3. Currently, the relationship between dampness, microbial exposure and health effects cannot be precisely quantified, so no quantitative health-based guideline values or thresholds can be recommended for acceptable levels of specific microorganism contamination. Instead, it is recommended that dampness and mould-related problems be prevented. When they occur, they should be remediated because of the increased risk of hazardous microbial and chemical exposures.

4. Well-designed, -constructed and -maintained building envelopes are critical to the prevention and control of excess moisture and microbial growth by avoiding thermal bridges and preventing intrusion by liquid or vapour-phase water. Management of moisture requires proper control of temperatures and ventilation to avoid high humidity, condensation on surfaces and excess moisture in materials. Ventilation should be distributed effectively in spaces, and stagnant air zones should be avoided.

5. Building owners are responsible for providing a healthful workplaces or living environments free of excessive moisture and mould problems by ensuring proper building construction and maintenance. Occupants are responsible for managing water use, heating, ventilation, appliances, etc. in a proper manner that does not lead to dampness and mould growth.

6. Local recommendations in different climatic regions should be updated to control dampness-mediated microbial growth in buildings and to ensure the achievement of desirable indoor air quality. Dampness and mould may be particularly prevalent in poorly maintained housing for low income people. Remediation of conditions related to adverse exposures should be given priority to prevent additional contributions to poor health in populations already living with an increased burden of disease.

full document – Development of WHO Guidelines for Indoor Air Quality: Dampness and Mold

schoolmoldhelp.org

World Health Organization – The Right to Healthy Indoor Air

After reading about IAQ and health issues explained in terms of basic human rights and the laws that should protect those rights but don’t – it is obvious that the justice system is under the control of those who don’t want to be held accountable for “criminal exposures” in their toxic houses, apartments, buildings etc. and by the insurance industry.

They have purchased the justice system and attorneys know this so they don’t get involved anymore because even with overwhelming evidence the decision has already been paid for.

The greedy and unethical will continue to make more millions while exposing people to very dangerous toxins that can make even healthy people ill.

We have lost our rights to others greed.

The evidence is overwhelming as to the very serious and widespread health affects of mold. katy

This is an excerpt from the document.

Abstract

Indoor air quality is an important determinant of health and wellbeing. However, the control of indoor air quality is often inadequate, one reason being the poor articulation, appreciation and understanding of basic principles underlying policies and action related to indoor air quality. As a result, the general public is familiar neither with those principles nor with their associated rights.

A WHO Working Group was convened to agree on a set of statements on “The right to healthy indoor air”, derived fromfundamental principles in the fields of human rights, biomedical ethics and ecological sustainability.

This document presents the conclusions of the Working Group, informs individuals and groups responsible for healthy indoor air about their rights and obligations, and individuals by bringing those rights to their attention.

Keywords

– AIR POLLUTION

– INDOOR ENVIRONMENTAL POLICY

– HOUSING

– HUMAN RIGHTS

– ETHICS

– EUROPE

Background

Indoor air quality (IAQ) is an important determinant of population health and well being. People in modern societies spend most of their time in indoor spaces such as at home, work, school and in vehicles. Exposure to the hazardous airborne agents present in many indoor spaces causes adverse effects such as respiratory disease, allergy and irritation of the respiratory tract.Improperly or poorly ventilated combustion appliances pose a real risk of acute poisoning bycarbon monoxide. Indoor exposure to radon and environmental tobacco smoke increases the risk of lung cancer. Many chemicals encountered indoors cause adverse sensory effects, giving rise to a sense of discomfort and other symptoms.

The control of indoor air quality is often inadequate in spite of its significant role in determining health.

Tensions and conflicts often occur between individuals suffering from indoor air pollution and those whose actions negatively influence indoor air quality. Most exposure to indoor air occurs in private homes, where intervention by public regulation is often considered a violation of personal freedom. Furthermore, commercial interests have often delayed the implementation of indoor air pollution controls in spite of scientific evidence of the harmful impact of such pollution on health.

To a large extent, the inadequate quality of indoor air arises from a poor articulation, appreciation and understanding of the basic principles underlying the policies and actions related to indoor air quality. As a result, the general public is familiar neither with those principles nor with their associated rights.

A WHO Working Group was convened to agree on a set of statements on “The right to healthy indoor air”, derived from fundamental principles in the fields of human rights, biomedical ethics and ecological sustainability.

These statements inform the individuals and groups responsible for healthy indoor air about their rights and obligations, and empower the general public by makingpeople familiar with those rights. The statements were formulated at a meeting of the Working Group convened by the WHO European Centre for Environment and Health (WHO/ECEH), Bilthoven Division, in Bilthoven on 15–17 May 2000. The invited experts, who represented a wide range of specialties and countries, were recommended to WHO by contacts in governmental institutions and through expert groups involved in the assessment and maintenance of indoor air quality, bioethics and environmental ethics (list of participants in Annex 1). The Chairperson of the meeting was Dr Lars Mølhave and Dr Nadia Boschi acted as Rapporteur. Those invited received in advance of the meeting a background paper prepared by a small group convened by WHO/ECEH in November 1999.

The exact text of the principles recommended, and most of the text of the commentary was agreed at the meeting. A smaller editorial group worked on it directly after the meeting, and the entire text of this report was reviewed and accepted by all members of the Working Group within a few weeks following the meeting. The report summarizes the main conclusions and recommendations of the Working Group, and sets out the statements on The Right to Healthy Indoor Air.

Statements on the right to healthy indoor air – Introduction

Everyone has a right to healthy indoor air. It is the dual purpose of this document to:

1. Inform those who have an influence on public health about this right and of their obligations related to this right, and

2. empower the general public by making people familiar with this right.

The right to healthy indoor air applies across the world. While it is an individual responsibility to prevent air pollution indoors, decision-makers both inside and outside the public health sector have important additional tasks in this respect. In particular, the building and energy sectors have pertinent roles to play. Many factors influence indoor air quality, including the design, construction, equipment, operation and maintenance of buildings or other indoor spaces, as well as outdoor air quality and the occupants’ preferences or activities. All individual groups, whether private or public, associated with a building or other indoor space, bear responsibility for healthyindoor air and the protection of the health of its occupants.

Human rights are the rights of individuals that should apply to all people around the world, representing fundamental freedoms or needs that every state ought to recognize and protect. Specific human rights law is listed in several key documents; foremost of these is the Universal Declaration of Human Rights, which was drawn up to give more specific definition to the rights and freedoms referred to in the United Nations Charter. The Charter, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights constitute what is often called the “International Bill of Human Rights”. These humanrights apply globally, irrespective of gender, age, religion, economic status, national origin, ethnicity and the like.

Dissemination of knowledge of the principles that determine individual rights to healthy indoor air will help people to understand what values are being given priority in any specific context, be it at the home, office or government level of decision-making and/or policy formulation. At the same time, encouraging individual behaviour towards sustainability will also help to ensuresustainable indoor air quality.

The principles below derive from the fundamental principles in the fields of human rights, biomedical ethics and ecological sustainability, and focus on interactions among them.

Principles

Principle 1 – Under the principle of the human right to health, everyone has the right to breathe healthy indoor air.

Principle 2 – Under the principle of respect for autonomy (“self-determination”), everyone has the right to adequate information about potentially harmful exposures, and to be provided with effective means for controlling at least part of their indoor exposures.

Principle 3 – Under the principle of non-maleficence (“doing no harm”), no agent at a concentration that exposes any occupant to an unnecessary health risk should be introduced into indoor air.

Principle 4 – Under the principle of beneficence (“doing good”), all individuals, groups and organizations associated with a building, whether private, public, or governmental, bear responsibility to advocate or work for acceptable air qualityfor the occupants.

Principle 5 – Under the principle of social justice, the socioeconomic status of occupants should have no bearing on their access to healthy indoor air, but health status maydetermine special needs for some groups.

Principle 6 – Under the principle of accountability, all relevant organizations should establish explicit criteria for evaluating and assessing building air quality and its impact on the health of the population and on the environment.

Principle 7 – Under the precautionary principle, where there is a risk of harmful indoor air exposure, the presence of uncertainty shall not be used as a reason for postponing cost-effective measures to prevent such exposure.

Principle 8 – Under the “polluter pays” principle, the polluter is accountable for any harm to health and /or welfare resulting from unhealthy indoor air exposure(s). In addition, the polluter is responsible for mitigation and remediation.

Principle 9 – Under the principle of sustainability, health and environmental concerns cannot be separated, and the provision of healthy indoor air should not compromise global or local ecological integrity, or the rights of future generations.

Commentary

In this part of the document, the application of the above principles is placed into context and explained. The principles and the commentary are mutually supportive. It may happen that any of the principles could be in apparent conflict with others. It is the object of any rights – or ethics-based analysis to be transparent in the rationale as to how a decision to act was reached. Inproviding such a rationale, any principle could take precedence over any other. The articulation of the rationale for invoking any one principle over another establishes transparency.

Principle 1 – The human right to health

The severity of symptoms and the duration of any negative health effects are primary criteria for determining the seriousness and importance of various indoor air pollution health impacts. Shortened life expectancy, diminished quality of life, disability and hospitalization are key indicators. Symptoms of health effects resulting from indoor pollutant exposure can be classified by severity and duration. Short-term acute effects resulting from infectious agents are often affected by building practices.

Examples include –

Respiratory diseases such as legionnaires’ disease and hypersensitivity pneumonitis. Asthma and allergy, or chronic upper respiratory obstructive diseases may have less severe acute symptoms but are important because of their lengthy (often life-long) duration. The quality of indoor air not only has a bearing on health, but also on the quality of life.

This interpretation derives from the 1977 World Health Assembly, which resolved that by the year 2000, all people should attain a level of health permitting them to lead socially and economically productive lives. Exposure to pollutants that qualitatively decrease the health, functioning or comfort of occupants is, therefore, unacceptable. Indoor air pollution from the use of solid fuels in simple unvented stoves is common in developing countries. As their economies develop, populations tend to use cleaner fuels and less polluting stoves. That this occurs, however, does not imply that waiting for economic development is a necessary or desirable approach to achieving better indoor air quality. Indeed, the great triumphs in public health are in identifying ways to help people improve their health even before they participate in the fruits of economic development.

Principle 2 – Respect for autonomy (“self-determination”)

Everyone has the right to expect others to respect their individual judgement in their own evaluation of personal exposure and its effects. For example, if a person finds the air quality uncomfortable or offensive enough to warrant a formal comment or complaint, that person’s assessment needs to be respected.

Those responsible for public health and education have a duty to inform people regarding the relationship of indoor air quality to health. Article 26 of the United Nations Declaration on Human Rights states:

Article 26: (1) Everyone has the right to education…(2) Education shall be directed to the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms. It follows from Article 26(1) that education programmes for the general population should underline the importance of indoor air quality for health and provide insight into the basic mechanisms and sources of pollutants.

It is essential that individuals have some level of personal control over their own indoor environment and air quality. The personal control is necessary because the evaluation of an “optimal indoor environment” differs from person to person. However, public health authorities should recommend minimum standards.

People have the right to adequate, understandable information about the environments that they inhabit. This includes balanced and objective information on the exposures and associated risks.

The right to self-determination requires that full information be available to people making decisions about actions affecting their indoor air exposure. Therefore, those with access to relevant information should make it available to others. The providers are accountable for the adequacy of the information they provide. The population should be protected against factors which may change their sensitivity to indoor air exposures as well as against misinformation causing people to set wrong priorities. All reasonable measures should be taken to inform the general public of national and international laws pertaining to indoor air quality, and their rights in relation to these laws.

Principle 3 – Non-maleficence (“do no harm”)

Indoor air should contain no pollutants without a justifiable reason or purpose for their presence.

It is recognized that a balance must be struck between indoor air requirements and considerations such as the economy and health.

Unwanted or unacceptable exposures are defined as the presence of indoor exposures that cause undesirable effects on the occupant(s).

Those who design, provide, build, maintain and occupy indoor environments have a duty to do no harm to indoor air quality in that environment.

Ignorance about indoor air quality matters is not an excuse for causing harm. The facts on indoor air quality must therefore be readilyavailable to, and used by, all the parties concerned.

Exposures indoors should not occur as the result of mitigation of environmental problems in occupational or outdoor environments (e.g. by discharge, dilution or substitution that migrates to the indoor environment).

Environmental tobacco smoke is a special case of an indoor air pollutant with serious, large-scale negative health consequences. As such, environmental tobacco smoke should be excluded from indoor environments.

Principle 4 – Beneficence (“doing good”)

Those who provide, maintain and occupy indoor environments have a responsibility to promote good indoor air quality. Protection of the health and comfort of the most sensitive occupants is required under the principle of beneficence.

When convincing evidence exists on health risks due to indoor air exposures, the appropriate societal authorities should organize or initiate action to prevent or eliminate these exposures.

Principle 5 – Social justice

Social justice refers to the equitable distribution of burdens and benefits within society.

Unhealthy indoor air is a burden, and healthy indoor air is a benefit. Therefore, there should be social and economic equity in the distribution of healthy indoor air. Those involved in public health should recognize this unequal distribution of healthy air by virtue of social or demographic factors. Special attention may need to be paid to affected groups, as well as to others vulnerable by virtue of their health status, to reduce health inequalities and ensure progress toward more egalitarian societies. Various groups experience different exposures to unhealthy indoor air, e.g. the economically disadvantaged (more exposure to environmental tobacco smoke, more poor quality combustion devices), women and the elderly (more time spent indoors), and ethnic minorities (lack of information in an appropriate language).

The right to quality indoor air is equally essential for people of all nations and at all socio-economic levels. Economically disadvantaged individuals must be given due consideration whenever decisions affecting their indoor air quality are to be made by either public or private organizations. All minorities (including susceptible groups such as children) have the same rights to protection as the general population. In particular, sensitive groups within the population have the right to adequate means for ensuring them an indoor air quality that meets their specific needs. Solidarity with the less privileged urges rectification of the unequal distribution of resources and prevention of and a response to human suffering.

Principle 6 – Accountability

As a minimum, all applicable laws and regulations should be followed. In addition, all relevant standards of practice and guidelines should be followed. Transparency provides the basis for understanding the rationale for decision-making.

Those responsible for and concerned with human and environmental health, both in governments and in nongovernmental organizations, should develop and adopt indicators of healthy indoor air and its achievement for the whole population. These indicators should include exposure and risk assessment related to indoor pollutants with significance for health. They should also include factors that have an impact on indoor air quality as well as determinants of general environmental quality that directly and indirectly affect and are affected by the quality of the built environment.

It is sometimes argued that household air pollution should not be the concern of government public health bodies. After all, it is said, the occupants themselves are responsible for most of the activities that produce the indoor air pollution they experience. Indoor air pollution, by this reasoning, is not an “externality” and thus does not need to be addressed by society at large. However, there are several problems with this argument.

• Governments and other outside agencies clearly do have a role in research and education to inform householders of the risks. Householders alone are not in a position to conduct or interpret such research.

• Through appliance standards, building codes, fuel standards and pricing, consumer product standards and labelling and other measures, governments already exercise a number ofcontrols over indoor air quality and have the responsibility to see that such controls reflect actual risks.

• Households are not democracies with every person having an equal say. Children, in particular, are not in a position to make the kind of judgment needed to protect themselves. In many societies, women have little say in many household economic decisions, such as the purchase of fuel, even though they may experience most of the indoor air pollution exposure.

• Children are a vulnerable group. Therefore, particularly stringent controls should be applied to afford their protection from involuntary exposure to indoor air pollutants. This includes exposure in home, hospitals, kindergartens and schools.

• Lastly, distinguishing hazards as being externalities or not may fit some economic decision-making models but is not congruent with public health practice. From a public health standpoint, the task is to reduce human exposures to harmful substances no matter what their origin or where they occur.

Principle 7 – Precautionary principle

Prevention is better than restitution, mitigation and restoration, not only for reasons related to health, but also because prevention is cost-effective. Prevention is better than cure.

Principle 8 – “Polluter pays”

Regardless of the primary responsibility, no party is exempt from the responsibility to act for the achievement of healthy indoor air. Polluters cannot avoid their responsibility to compensate the affected parties. Economic, operational or administrative arguments are insufficient justification for not acting against the pollution of indoor air.

Principle 9 – Sustainability

The provision of healthy indoor air is a fundamental aspect of the design, construction, operation, maintenance, replacement/demolition or conservation of sustainable buildings. However, in providing healthy indoor air, the minimization of environmental impacts is also essential for sustainability. Considerations of sustainable development, sustainable living and sustainable health are all relevant to the promotion of healthy indoor air. The policies of public health and energy programmes should be coordinated. It is also important that private sector actions consider both indoor air quality and energy. Luxury services that improve the short-term quality of life should not take precedence over longer-term global or local ecological considerations. Global ecological integrity is dependent not only on consumption and the population, but also on technology. The inappropriate uses of technology in conjunction with over-consumption have a negative impact on the sustainability of life-support systems. The latter are based in the services provided to humanity from the natural world. Over-exploitation and pollution are destroying these natural systems. In other words, humans are threatening global ecological integrity by over-consumption, the growth in populations and the inappropriate uses of technology. A dilemma emerges when considerations of human comfort, not essential to human health and wellbeing, place in jeopardy the ability of life-support systems to be self-sustaining because of over-exploitation and pollution.

Thus, where human health needs conflict with the health needs of other species, human health needs should prevail; but where human comfort jeopardizes the sustainability of life-support systems, the protection of the life-support systems should prevail.

document – WHO – Right to Healthy Indoor Air (2000)

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ReformFDA.org – American Association for Health Freedom

Who We Are

ReformFDA.org is a program of the American Association for Health Freedom. Although AAHF is the sponsor of this site and petition drive, we work in concert with numerous other organizations to create a new and better FDA, and beyond that, a healthcare system which is both effective and sustainable.

Founded in 1992, AAHF opposes medical monopolies and one-size-fits-all medicine. We support the right of the consumer to choose his or her own doctor and also to incorporate diet and supplements as well as drugs into a personal healthcare plan, an approach which is also known as “integrative medicine.” In order to preserve integrative healthcare and medicine, it is also necessary to protect integrative doctors from unreasonable attacks from competing medical groups and their licensing boards, but also to maintain strong consumer protections against fraud or deception.

AAHF pursues its mission by educating the public, press, and decision-makers; forming and participating in citizen coalitions; acting as a government watchdog and filing comments on proposed rules and rulings; monitoring, crafting, and where necessary lobbying for legislation at the federal and state level; and initiating legal responses (lawsuits, amicus briefs, legal petitions).

Our members include consumers, doctors, and other healthcare practitioners. For more information about AAHF, its board and its staff, please visit – www.healthfreedom.net

Mission (ReformFDA.org)

We believe that the FDA is a broken agency that needs a complete reform and restructuring. As presently run, it:

Obstructs medical science and innovation;

Forbids and censors the communication of legitimate, peer reviewed scientific research;

Protects entrenched medical monopolies which pay its bills and hire its employees;

Interferes with the rights of consumers to learn about good science (especially relating to food and supplements) that could prolong and save lives and promote health;

And unnecessarily drives up the cost of healthcare to the point where employers can no longer afford to hire and the entire American economy is threatened.

What is needed under these circumstances is not incremental reform, but complete reform, a thorough overhaul of every part of the FDA. The purpose of reformfda.org is to persuade the American public and Congress that a total reform of the FDA is absolutely necessary in order to rebuild the American healthcare system and make it once again the envy of the world.

Find Additional Articles and Information

Life Extension Foundation – www.LEF.org/lac

FDA Review – www.FDAReview.org

Stop FDA – www.StopFDA.org

Petition to Reform the FDA

Sign the Petition to Reform the FDA Online

Printable version of the Reform FDA Petition

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