Post: Toxic Tort Mold Attorney Needed
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Posted by Connie Mellang on 7/23/03
Greetings, We are in need of a Toxic Tort Attorney. The attorney we were working with know nothing about Mold. He did not want to take on the case because he did not understand mold and what it can do to an individuals health. This was our second attorney. The first attorney reviewed our records then told us, after I asked her in the first place if they represent the Insurance company we are going after. Stated they could not take on our case do to the fact it would be a conflict of interest. I have been looking for a Toxic Tort Mold attorney since March and in our area they are hard to find. It seams like all attorney hold hands in this area and are afraid to go after the big companies. We are looking to sue for Property Damage, Personal Injury, Negligence Breach of contract, Incompetence. The insurance contractors did not clean up this home properly in 1999 and we have just discovered we have Sick house syndrome. So we would have to go on the law of DISCOVERY. We have so much information on Micotoxin/Toxic molds. Although I spoke to one of the industrial hygienist, he feels we definitely have a case, he also feels we are up against a wall. He feels we have a very good case against the insurance company and the contractors for not doing the job correctly, ending us in a Sick house syndrome of multiple molds (see list below). The Attorney and the hygienist feel we will not be able to go after them for our illnesses (listed below). We have been told by 2 industrial hygienist that we MUST leave our home (do to our illnesses), which is completely paid for. We do not have the money to pick up and leave all our belongings and rent a place. We are on a very fixed income. Let me explain to you in more detail. We purchases our home in July of 1999 after having a home inspection from ______________inspection services. Inspection date 05/19/1999 - Inspector: _____________. Every thing seamed to be in order. We purchased our home owners insurance in July 1999 before the date of closing. From ____________Agent: _________ We moved from California in October 1999 and we were do to arrive on Oct. 10th. I called Cotter water company to have our water turned on, since we would be arriving on a Sunday. I spoke to a ___________ and told her to have the water company go to my neighbors across the street and get the keys to the house from her. The water company was to turn the water on 10/07/99. _____________ assured me: "The guys would not turn on the water with out looking inside and making sure there would be no water problems." On 10/8/99, my neighbor was very concerned as the water company never came to her house to pick up the key, so she decided to walk over and check out the situation. She was totally shocked to discover the water company had already been there and never checked the house out. The hot water heater had burst and water was flowing every where. the house was completely uninhabitable. Our neighbor immediately contacted the water company on 10/08/99 and told them to get out here and shut the water off. She then proceeded to content our insurance company to notify them of the damage. We arrive on 10/10/99 from California, as our neighbors ran out and said "You do not want to go into that house" and continued to explain the devastation. I immediately contacted ___________ to put us up in a motel room for the night and was denied until they got the approval from the agent we were forced to sleep in a small dry space on the living room floor that night. The next day I called the agent again __________ and we had to fight with the agent in order to get put up in a motel room until they took care of the problem. (we spent 2 months in a run down motel). ____________ never came to check out the situation. _________ contacted a contractor they use, called: ________ carpet cleaning and damage restoration. Owner: ________. Clean up did not start until 10/15/99 and was not complete until 12/14/99. The crew came when they wanted - spending 20 - 45 minutes most days worked our home in between jobs and took vacations. We would call ___________ and complain about the way the carpenters were treating us and how they continued to neglect the problem areas of the house. _______ would continue to back up the contractors and became very rude. So I contacted the adjuster: __________ only to find out he was the ruddiest and nastiest of them all. The hot water heater was located in the main bathroom, in the middle of the house. The flood from the hot water heater covered the main bathroom, main hall way, dining room, small hall leading to the half bath and master closet. The water even traveled as far as the master bedroom, a smaller bedroom and living room.. We were told the walls, carpets and floors would all have to be removed and replaced. As time went on the insurance company and contractors continually changed there minds. I recently went down in the crawl space myself, May15, 2003, I needed to see what they actually replaced and to my surprise, There was a small patch, approximately 12" by 24/36" of new plywood where the hot water heater sat. Two 2 X 4’s holding up the plywood. There is old moldy hard wood flooring though out the rest of the house and never removed. All covered with plywood and top flooring. All the contractors did was cosmetic work. The mold looked like it took off like a wild fire from where the hot water heater sat. The studs from the bathroom to the small bedroom where never removed. The small bedroom wall were never replaced, the old flooring in the dining room was never removed just covered over with plywood and floating floor. which has bucked with seams coming apart. They removed wall paper in the dining room but would not remove the old railroad siding, just covered it up with sheet rock and painted over it. They used a lot of the old baseboard that had been soaked. After removing the hot water heater, the contractors were going to put it back into the bathroom which was now not code. We had to argue with the insurance company to have the water heater put in the laundry room, begged them to in- case the hot water heater. They finally did what the code called for but now we find they did not put in enough vents as the dust is being sucked in around the door and we also told them to brace under the water heater, to find out they had ignored us completely and the heater is now falling through the floor. We also had to tell them the water heated needed to be vented outside. They were not going to do that either. We then went into the bathroom and looked up at the ceiling and they left a gapping hole where the old hot water heater sat. When we questioned them about it, their comment was, "OH you want that covered to." We were told all the carpets needed to be replaced then they decided to spray and wash. The contractors put these huge fans in the kitchen to blow the air through the rest of the house to dry out the place they closed the doors and left them for days. This home became a tropical environment. These contractors and the insurance company tried to cut every corner they could. Leaving us in a horrible mess and we are now suffering devastating heath problems because of it. We started getting sick, my husband, Jim ended up in the hospital on Jan 11th -- 14th. He started having fast heart rate, shortness of breath, palpitations, dizziness, panic attacks, nausea, internal shaking, stomach aches. (When ever Jims heart would start racing and the panic attack set in, Jim got horrible shocks from his defibrillator. This seemed to happen when Jim was sitting in the dinning room reading or in the bath tub taking a bath. Each time Jim would end up having an ambulance rush to his aid and take him to the hospital. While in the hospital, this would never happen. Only at home) It was not his heart and the doctors did not know what to do for him so they sent him home with flu like symptoms. Jim has been in and out of the hospital since then. Jim had a major heart attack in 1987, in California the doctors implanted a defibrillator - pacemaker. Jim was doing quit well until we moved into this house. Jim was mowing 2 lawns, house work, reading, coming to the office to see me. taking walks. then in 2001 Jim became so ill, I was actually watching him die on the couch, begging the doctors to help him. The doctors did not know what to do for him and decided to install the new technology a tri-ventricular defibrillator pacemaker implant now his heart is getting stronger BUT he is continuously sick and has difficulty breathing. He has had 4 lung tests and each time the results are better. The doctors do not know what to do for him. They are now starting to realize it must be the moldy environment we are living in. Jims electrophsyologist raised his eye brows and stated the environment we are living in is a concern, because his heart is getting stronger but Jims health is getting worse. Jim has seen cardiologists, electrophsyologist, pulmonary, internal medicine, radiologists. No one can figure out why he is so sick all the time. I started getting sick around the same time as my husband. I was trying to start up my business as and Enrolled Agent (professional tax preparer and bookkeeping) as I had an excellent going business in California. But as I was out walking and promoting my business, I started getting sick, I could not walk, concentrate and so on. I had to close my doors on 4/16/2000 I was unable to do my business that I was so successful doing before I moved here. I was afraid I was going to put out bad or incomplete work. I then developed Breast cancer in May of 2002. I feel this is due to the mold as I do not have any family history of breast cancer. I have been seeing: cardiologists, endocrinologist, oncologists, psychiatrist, physiologist, pulmonary, radiologist, internal medicine doctors, cancer surgeons, orthopedic doctors. I have been misdiagnosed and many of the doctors continue to tell me we have mold all around us. It is everywhere in the world. But they will not listen, I am living in a mold infested home better known as (Sick House Syndrome, according to the hygienists that have examined our home). I just had a blood test for Aspergillus, the normal range is .6, my blood shows 30. Our dog - Sarah Jane, an English Springier Spaniel, started braking out with sores all over her body. She needs a vetalog shot every month and pills about every 3 months. The scabs will not go away. This covers her entire body. She is scratching all the time and her hair continues to fall out. Sarah is 4 years old and is acting like a 10 year old dog most of the time. She lays around looking very sick and has no energy. (The Vet is aware of this). This is as brief a summary as I can give you. The following information will help make things clearer. There are letters, complaints, a mold survey that is incomplete and inaccurate from ______ environmental hygienist. They were basing this study in the winter as of that day NOT basing the study on past history. I have been in contact with Another environmental hygienist ________. This new Hygienist (Jim) and I went over the report from the first hygienist step by step. Jim is an indoor air quality specialist, chemist, scientist and industrial hygienist. I contacted Jim to set up an appointment to assess our home. I have been searching the Internet for months. I have heard that toxic mold can cause breast cancer. I found a book on Funagalbionics called: The Fungal/Mycotoxin Etiology of Breast Cancer, Hope at Last. The authors are: A.V. Costantini, M.D. Head (Retired), h. Wieland, M.D. Head, Lars Qvick, M.D. Director. WHO Collaborating Centre for Mycotoxins in Food, Albert Ludwigs School of Medicine, Freigurg, Germany. THE FUNAGALBIONIC BOOK SERIES http://members.aol.com/jfoverlag/ Chapter 29 - Fungi/Mycotoxins Are The Cause Of Breast Cancer: http://members.aol.com/jfoverlag/fungalbionics/fgmyc-bc.htm Chapter 28 - Breast Cancer: Hope At Last: http://members.aol.com/jfoverlag/fungalbionics/bc-hope.htm A little over a year ago, I developed breast cancer and had to have a lumpectomy and 27 lymph nods removed. I am now on Tamoxifin, which is a mold/fungus fighter for 5 years. I have been living in a mold infested home for over 3 1/2 years and have recently discover this.. My husband and I are so sick, there's days we feel like we just want to die. The doctors in our area continue to misdiagnose us and know nothing about mold or the harm it can cause health wise.. I am looking for some SOLID information that I can take to my attorney showing Molds/Fungi/Mycotoxins can cause breast cancer and other illnesses. I do not know where to go for this solid evidence. I am trying to locate one of the authors of these books but seem to come up at ground zero. After we purchased our home in Oct 1999, and just prior to moving in, our hot water heater exploded. The insurance company and contractors neglected to take care of the water damage that covered over half of our home. They did not arrive for inspection for 10 days and took them 2 months to complete the job. We recently found out they only removed a small portion of the flooring under the hot water tank and covering up the rest with sheet rock and flooring over the old soaked flooring. They were very rude and impossible to work with. At this point the mold is still growing rapidly under the home. I have had 2 environmental hygienists here and this is what they came up with. They both suggested we move out immediately, but we do not have the resources to do so. We can't even live month to month with doctor bills, medications, and normal monthly bills. These are the types of molds we have in our home: Cladosporium Penicillium Trichoderma Aureobasldium Myxolycetes Aspergillus - Nigra Aspergillus/Penicillium Rhizopus/Mucor Curvularia Acremonium Chantomium Ascospores Cuvularia Epicoccum Torula Alternaria Algae Basidiospores Bipolaris/Dreschlera Periconia/Smut Pithomyces Rust Trichocladium Clear Brown Hyphae Can you or do you know some one that can make this stick to breast cancer and the other illnesses we are experiencing, because so many of these molds ARE toxic or toxic together. Here are the other symptoms we are going through: Started noticing 3 months after we moved slowly progressed to date. Many Drs. missed diagnosed us for years. Respiratory problems - wheezing - difficulty breathing - shortness of breath Nasal & sinus congestion, sinusitis Eyes - burning - watery - reddened - blurry vision, light sensitivity James lost vision in right eye Dry- hacking cough - spitting up brown sputum plugs - continuous drooling Throat & nose irritation -coughing - sneezing sinusitis - all the time Difficulty swallowing, choking - blockage of air passage, like being shut off (exhaling) Skin irritation - reddened skin - bumps just underneath skin - if scratched, skin just roles off causing red sores for weeks to months, continuous bleeding and seeping, itching, burning crawling skin Central nervous system problems, tremors - inner shakes memory loss, difficulty concentrating - constant head aches, forgetfulness - mood changes - confusion - slurred speech difficulty learning, reading, brain foggy Dizziness - chronic fatigue - extreme depression - anxiety - anger - sad want to cry - all the time - everything is so overwhelming - and mixed up - misplacing things Aches & pains - Joints - Mussels Can't get out of bed - couch or chair with out help - Extremely hard to walk - hurt from head to toes. Very nervous - feels like arms & legs very heavy - like caring weights now using cane Constant nightmares- always talking in sleep actually caring on conversations. Connies nightmares consist of: Gory bloody people chasing me with knives a doctor sexually harassing me and showing up everywhere I go - Get flash back of night - mares during the day - cant tell fact from fiction Jims nightmares consist of: Losing me or our dog - dying in the house Pneumonia - after having pneumonia shot this happened twice, Husband ending in hospital. One time surgery was called off due to high white blood count High liver counts Tired all the time, no energy, need to - nap 3 to 4 hours in the afternoon Unexplainable flu/cold like sickness - all the time - chronic illness - stomach problems Equilibrium off - weaving back and forth falling down - running into walls Ears - High ringing - plugged - draining at night Heart palpitations - skip beats - aching chest I ended up in hospital 3 times with simulating heart attack (miss diagnosed as thyroid) Burning - Strange taste in and around mouth Swollen lymph nodes Intermittent face flushing - horrible night sweats & hot flashes Bruising easily Sudden weight changes Hair loss Breast Cancer Leaky Bowel Syndrome Moles under arms - developed last 2 years Sorry this note became a letter, but we are desperate. If we loose our home, we will become homeless, all our equity is in our home. ( which is now worthless and can not be sold). We are trying to pay off over $ 13,000.00 in medical bills between my husband and myself. We are both disabled and living off our social security disability income. I lost my business because of all these illnesses. I am an Enrolled Agent ( professional tax preparer and financial consultant) and since all this has happened I can not even balance my own check register. A 15 minute job takes me 4 to 5 hours before I give up and take it into the bank to have them reconcile the account. My husband is 51 and I am 49 we both feel like we are in our 80's. Again any help you can provide us with will be greatly appreciated.
Posts on this thread, including this one
- Toxic Tort Mold Attorney Needed, 7/23/03, by Connie Mellang.
- Re: Toxic Tort Mold Attorney Needed, 9/17/03, by Lynn.
- Re: Toxic Tort Mold Attorney Needed, 1/27/04, by Deena Krisman.
- Re: Toxic Tort Mold Attorney Needed, 3/19/04, by Kelly .
- Re: Toxic Tort Mold Attorney Needed, 3/22/04, by robin w..
- Re: Toxic Tort Mold Attorney Needed, 7/12/04, by Kim.
- Re: Toxic Tort Mold Attorney Needed, 10/09/04, by Deborah.
- Re: Toxic Tort Mold Attorney Needed, 12/14/04, by brack perry.
- Re: Toxic Tort Mold Attorney Needed, 12/14/04, by Ozarks Lawyer.
- Re: Toxic Tort Mold Attorney Needed, 3/01/05, by Jackie.
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