Clark County, NV (KTNV) — “Lies, cover-ups and hypocrisy at a government agency that’s supposed to protect the public. It’s the stuff of conspiracy theories, but as Contact 13 Chief Investigator Darcy Spears reports, it’s exactly what the Health District is accused of Dan Pauluk documented the end of his life in a series of videos. ‘I’m mad as hell!  The Health District ruined my life!  They ruined my family’s life!’ Dan says into the camera. His widow, Dr. Wendy Pauluk, recalls, ‘The pain, the agony, the suffering.  His raw, weeping sores all over his body.’ I first met the Pauluk family in late 2006.  

Darcy: And here we are, nearing the end of 2013.  Did you ever think you’d still be fighting this long after? Wendy: No, I never thought we’d be fighting this long. Dr. Wendy Pauluk is fighting for justice and accountability from the Health District. ‘It’s been consuming.  They’ve taken away my reason to smile.’ Dan Pauluk–a long-time health inspector and environmental health specialist–was just 57 years old when he died in the summer of 2007 from mixed mold micotoxicosis–or mold poisoning. Dan’s family filed a federal lawsuit after doctors found he was exposed to the mold at work in the Environmental Health wing of the Health District’s now-shuttered Shadow Lane headquarters. The Pauluks accuse the Health District of turning a blind eye to a known health risk and working to hide the truth. The agency won’t talk to us for this story because of the pending case. ‘It has been fight after fight and they just want to put a smoke-screen over everything and say it didn’t happen,’ says Wendy.”  Read more and see video

And now for the back story:

I happen to know that Dr. Andrew Saxon was retained as an expert defense witness in the Pauluk case.  In 2006, Dr. Saxon retired from UCLA.  What does that mean?  It means when he serves as an expert defense witness in mold litigation, the Regents of the University of California no longer receive a percentage of his fees. They used to keep over half of the monies generated from his “expert” opinions in many U.S courts. 

I also happen to know that Dr. Saxon submitted his “expert” report in the Pauluk case on University of California letterhead after he claimed to be retired. This was to lend an air of credibility to his paid for hire bullshit on behalf of the Nevada Health Department.

That’s a no-no, a.k.a. misdemeanor, at best.

From the UC Berkeley website, “The name ‘University of California’ and all abbreviations thereof are property of the State of California under Education Code section 92000 and may not be used to imply, either directly or indirectly, the University’s endorsement, support, favor, association with, or opposition to an organization, product, or service without permission of the University. Education Code Section 92000 conveys the unique value of the University’s name by making a violation of the section a misdemeanor. In addition to statutory protection, the University’s names and seals are protected by state and federal trademark law.”

I recently read a trial testimony of Dr. Saxon in another case where he was serving as an expert defense witness for a government agency in California.  He is still promoting his affiliation with the University of California to lend an air of credibility to his lucrative, private business as a professional defense witness in mold litigation.  He claims he does examination of those litigating for injury,  off campus, because the paper work is just so much easier on the attorneys. That’s bullshit again. He does them off campus because if he had permission from the Regent to do them on campus, the Regents would be entitled to over half of the money of their “retired” employee/professional defense witness.

Who is Dr. Andrew Saxon and how did he become recognized as such a medical expert over the mold issue?  His name was forged as a co-author on the U.S. Chamber Institute for Legal Reform’s (ILR), 2003 “A Scientific View of the Health Effects of Mold”.  It was forged by the two true authors, Bruce Kelman and Bryan Hardin of Veritox, Inc.; along with the Manhattan Institute Center for Legal Policy (CLP).  CLP’s president, Lawrence Mone, signed the checks for the fraudulent paper.

Only Mr. Hardin and Mr. Kelman billed hours and were paid for the U.S. Chamber’s “Scientific View”.  Since Dr. Saxon’s name was forged on the policy paper, which was written and paid to be written expressly for judges, the University of California’s name is also forged on the document.  This is another misdemeanor, at best, of which the Regents of the University of California are well aware. They also know how the UC name being on that paper is used in litigation against the sick and injured.

In 2002, Dr. Saxon, Mr. Hardin and Mr. Kelman, all prolific expert defense witnesses in mold litigation, were chosen by the American College of Occupational and Environmental Medicine (ACOEM) to co-author the medical trade association’s position statement on mold, “Adverse Human Health Effects of Mold in the Indoor Environment.”  Again, via Dr. Saxon, this paper carries the imprimatur of the University of California to lend an air of medical school credibility to a bogus litigation defense argument based on shear nonsense and never vetted science.

In 2006, Dr. Saxon must have felt that turn about is fair play when forging physicians’ names as co-authors on policy papers– just like Mr. Hardin, Mr. Kelman and the CLP did to him for the U.S. Chamber of Commerce’s “Scientific View”.  When co-authoring the 2006 American Academy of Allergy, Asthma and Immunology’s (AAAAI) mold position statement, “The Health Effects of Mold”, Dr. Saxon forged Dr. Jay Portnoy’s name as co-author on this policy paper.  Dr. Portnoy is the Division Director, Allergy, Asthma, Immunology; Professor of Pediatrics, University of Missouri-Kansas City School of Medicine. 

Dr. Portnoy did not even know his name was on the AAAAI mold position paper until I told him via an email.  Dan Fisher of Forbes Magazine somehow had a copy before Dr. Portnoy did.  Mr. Fisher sent it to me. I sent it to Dr. Portnoy, who did not contribute to the AAAAI mold statement, and was not included in any peer review of the policy paper.  

Obviously no peer review took place or the AAAAI would have sent their review to the stated co-authors, including Dr. Portnoy, with any questions or recommended changes. (Actually, Dr. Portnoy did contribute a year prior, hoping to get some legitimate science in the AAAAI’s mold position statement.  Dr. Saxon completely rewrote Dr. Portnoy’s writing on irritant reactions; then stuck Dr. Portnoy’s name of the paper without him knowing it, to lend credibility of a well respected pediatrician affiliated with a Children’s Hospital).  This position paper was penned to make it appear that, like U.S. workers’ comp doctors, U.S. allergists, immunologists and pediatricians know moldy buildings cannot harm or kill anyone. 

Hello?  I’m pretty sure that its criminal to forge physician authorship on documents which are penned to be submitted into U.S. courts in support of bullshit science by expert witnesses.  I know it is a violation of Article IX of the California Constitution for the Regents of the University of California to allow the UC name to be used in such a deceptive manner – adverse to the interest of the people, who own the name.

Who are Bryan Hardin and Bruce Kelman of Veritox, Inc. (formerly GlobalTox, Inc.)?  They are toxicologists, expert defense witnesses for the U.S. Department of Justice in mold litigation. They have made over $900K as federal expert defense witnesses. 

Quite disgustingly, they have been employed by the federal government to defeat liability for claims of illness in our troops’ families who are forced to live in substandard, moldy, military housing.  So while our troops are off in foreign lands giving their lives to protect us, our health, safety and the Constitution; the United States government is taking the lives, health and safety of their children here at home – and relying upon criminals to cover-up what they are doing to these families of our troops.

The Root of the Bullshit Science:

In 2002, Mr. Hardin and Mr. Kelman applied extrapolations to data taken from a researcher’s mold study and professed they had proven mold toxins in water damaged buildings could never reach a level to harm any individual.  For the CLP/ILR’s 2003 mold statement that they were paid to author as they forged Dr. Saxon’s and the University of California’s name on the policy paper; they went so far as to claim they had scientifically proven all deaths from “toxic mold” were only being made because of “trial lawyers, media, and junk science.”

This has been the U.S. government’s and U.S. industries’ main defense in mold litigations since ACOEM first legitimized Hardin, Kelman, and Saxon’s bullshit in 2002, by making it their position statement portrayed to be the scientific understanding of thousands of occupational physicians (worker’s comp doctors). 

To put it in perspective of how outrageously ridiculous and criminal this really is:

To claim in thousands of U.S. courts that it has been scientifically proven by two toxicologists that mold toxins in water damaged buildings could never reach a level to harm based on one set of extrapolations; is like swearing in court that it is scientifically proven by two cherry cannery workers, that their estimated caloric count of Marchino cherries proves hot fudge sundaes are not fattening.

In chronilogical order of how they mass marketed the scientific fraud:

2002 – Mr. Hardin and Mr. Kelman applied extrapolations to data taken from a researcher’s high dose, acute exposure to mold, rodent study. They professed to have proven based on these extrapolations alone that it is “highly unlikely at best” that inhaled mold toxins in water damaged buildings could ever reach a level to harm any individual.   That is scientific fraud to make such a claim based on such limited data.  It is never vetted science.

2002 – The American College of Occupational and Environmental Medicine (ACOEM) legitimized the bullshit science by making it their position statement portrayed to be the scientific understanding of thousands of learned physicians.  ACOEM’s position statement is titled, “Adverse Human Health Effects Associated with Mold in the Indoor Environment“.  Stated authors of Bryan Hardin, Bruce Kelman and Andrew Saxon.  All three of these men are prolific expert defense witnesses in mold litigation.  Upon publication of this paper, it became policy in the U.S. that current accepted science holds mold toxins in water damaged buildings do not harm.  Many lives have been ruined because of it.  In 2010, ACOEM “updated” this position paper without adding a single new reference and while leaving the bullshit extrapolations in the paper as proof mold toxins in water damaged buildings do not harm.  ACOEM writes U.S. policies that workers’ comp physicians must follow when treating injured workers.  This paper is nothing more than an insurance scam.

2003 – The Manhattan Institute think-tank paid Mr. Hardin and Mr. Kelman no less than $25,000 to write “A Scientific View of the Health Effects of Mold“.   Dr. Saxon and the University of California’s name was forged as co-authoring the paid for hire, mass marketing of scientific fraud to lend an air of medical school credibility.   (In 2006, Dr. Saxon stated in a deposition that he did not author it and had not even read it.  He called it an unscientific piece with his name on it.)  Stated authorship on the paper is Bryan Hardin, Bruce Kelman and Coreen Robbins, CIH.  All three of these prolific expert defense witnesses, including for the U.S. Department of Justice, are co-owners of Veritox, Inc.  Like Dr. Saxon, Ms. Robbins also did not co-author this paper.  Her name is forged to make it appear that an industrial hygienist was involved in the authorship.  Mr. Hardin and Mr. Kelman were paid to write it so the U.S. Chamber Institute for Legal Reform would have something accessible for judges to understand.  Scientific fraud, the two wrote that their bullshit extrapolations proved, “Thus the notion that toxic mold is an insidious secret killer as so many trial lawyers and media reports would claim is junk science unsupported by actual scientific study.”

2006 – The American Academy of Allergy, Asthma and Immunology (AAAAI) “The Health Effects of Mold“. Stated authorship of “Robert K. Bush, MD, FAAAAI, a Jay M. Portnoy, MD, FAAAAI,b Andrew Saxon, MD, FAAAAI, c Abba I. Terr, MD, FAAAAI,d and Robert A. Wood, MDe  Madison, Wis, Kansas City, Mo, Los Angeles and Palo Alto, Calif, and Baltimore, Md.”  This paper cites to ACOEM’s to get Mr. Hardin’s and Mr. Kelman’s bullshit extrapolations noted as proof that mold toxins in water damaged buildings can never reach a level to harm.  It has forged physician co-authorship of Dr. Jay Portnoy, a physician who has worked very hard to get the truthout of the health effects of mold on children.

Mr. Hardin is a retired U.S. Assistant Surgeon General and Deputy Director of Centers for Disease Control and Prevention (CDC), National Institute of Occupational Safety and Health (NIOSH).  He’s also a major league, high paid, liar. I have the court documents to prove it.

This has gotten so out of control with so many government agencies and entities now involved, that it will not be stopped without criminal prosecutions. MANY know it and have shirked their responsibility to do it, while thousands of lives continue to be devastated. 

In October of 2006, the late Senator Edward Kennedy ordered a federal audit of the issue at the urging of myself and others.  Originally, the federal audit was to include investigation of who was promulgating the standards over the health effects of mold, if they had any conflicts of interest, and what was acceptable evidence to be presented in U.S. courts. 

In January of 2007, the Wall Street Journal came out with a front page article about Mr. Hardin, Mr. Kelman, Dr. Saxon and their bullshit science in U.S. “non-profit” medical association policy papers, which was penned for the purpose to mislead U.S. courts.

One month later, in February of 2007,  after U.S. Senators and Congressmen knew damn well that the deception was occurring over this issue and who was behind it; the following was deleted from the scope of the federal audit by the U.S. Senate Committee on Health, Education, Labor and Pension (HELP), chaired by Senator Kennedy:

“What medical and scientific standards are used in determining the admissibility of evidence of both acute and persistent health consequences resulting from exposure to mold?  Which individuals and organizations have promulgated these standards and what, if any, conflicts of interest exist regarding these  standards?”

Many people have known for many years just how criminal this really is and the retaliation that occurs for telling about it. I’m merely one example. I first wrote of the mass marketing of the scientific fraud via non-profit medical associations, politicians, think-tanks, lying expert defense witnesses and the U.S. Chamber back in 2005. 

Leading California court officers aided the U.S. Department of Justice expert defense witnesses turned plaintiffs in Strategic Litigation Against Public Participation (SLAPP), Veritox, Inc, to frame me for libel for the words “altered his under oath statements” in the writing.  This was to make me appear to be a liar for exposing how they were mass marketing the scientific fraud for the purpose of misleading U.S. courts.

In 2012, I was jailed for civil contempt of an uncivil judge for refusing to say in writing, that this massive public fleecing with the aid of corrupt California judiciaries in SLAPP, is not happening.  I was then given a false FBI record to conceal why I was jailed.

I currently have a permanent injunction issued by a California judge, whose court had no subject matter jurisdiction because of court employee document falsifications — to never write the following verbatim again, from my 2005 writing exposing the mass fraud and how Mr. Kelman was weasling to try to hide it from an Oregon jury. 

“Dr. Bruce Kelman of GlobalTox, Inc, a Washington based environmental risk management company, testified as an expert witness for the defense, as he does in mold cases throughout the country. Upon viewing documents presented by the Hayne’s attorney of Kelman’s prior testimony from a case in Arizona, Dr. Kelman altered his under oath statements on the witness stand. He admitted the Manhattan Institute, a national political think-tank, paid GlobalTox $40,000 to write a position paper regarding the potential health risks of toxic mold exposure. Although much medical research finds otherwise, the controversial piece claims that it is not plausible the types of illnesses experienced by the Haynes family and reported by thousands from across the US, could be caused by “toxic mold” exposure in homes, schools or office building

In 2003, with the involvement of the US Chamber of Commerce and ex-developer, US Congressman Gary Miller (R-CA), the GlobalTox paper was disseminated to the real estate, mortgage and building industries’ associations. A version of the Manhattan Institute commissioned piece may also be found as a position statement on the website of a United States medical policy-writing body, the American College of Occupational and Environmental Medicine.”

Yea Right! Like I am going to be shutting up any time soon!  Many people involved in this fiasco to defraud the United States public should be behind bars for the lives they’ve ruined for the sake of money, cronyism and political favor.  I can find no peace until those responsible are held accountable.  Only then will lives be saved and this massive public fleecing stopped.

As such, this post is written specifically to be faxed to U.S. Senator Dianne Feinstein (D-CA), U.S. Senator Barbara Boxer (D-CA), U.S. Senate HELP Chair Senator Tom Harkin (D-IA) , and U.S. Senate HELP Majority Leader, Senator Lamar Alexander (R-TN).  If not by conscience, maybe they can be embarassed into action to save lives.

It should be noted that Senator Feinstein’s husband, real estate developer Richard Blum, is a Regent of the University of California and that her daughter, Kathrine Feinstein sat on the California Commission on Judicial Performance (CJP). 

The CJP is the “independant state agency” charged with policing ethics violations among California’s judges. During Kathrine Feinstein’s CJP committee membership, the CJP was chaired by one of the easiest, provable political prostitutes involved in this fiasco, Justice Judith McConnell, Presiding Justice of the Fourth District Division One Appellate Court.

I make no bones about it.  Justice McConnell is a criminal who has harmed thousands of U.S. citizens. She belongs behind bars.

Between 2006 and 2013, Justice McConnell repeatedly suborned USDOJ expert witness, Mr. Kelman’s, perjury as a plaintiff in SLAPP. She concealed that Mr. Hardin was a party. And she falsified many court documents, some with no court subject matter jurisdiction, and thus no judicial immunity.  She needs to be recognized as a criminal and held accountable, to make this massive public fleecing stop.

Dr. Pauluk is absolutely correct.  It is a conspiracy to defraud by collusive acts of government employees — from California to Washington, DC.  Senators of the United States need to be made to get off their political arses and make it stop by holding U.S. Senate hearings – like they should have done many years ago when it was first brought to Senator Kennedy’s and Senate HELP’s attention. 

When the U.S. Department of Justice is proven to be knowingly hiring criminals as expert defense witnesses; and California judges are proven to be knowingly falsifying court documents and jailing people for refusing silence of their conspiracy to defraud; and servants of the people like Dan Pauluk are unnecessarily dying; it is long past time for U.S. Senators to intercede on behalf of the citizens of the United States that they are elected to represent.

ODE TO TOXIC MOLD SUFFERERS

Sharon Noonan Kramer