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    Post: Toxic Tort Mold Attorney Needed

    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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