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    Re: Toxic Tort Mold Attorney Needed

    Posted by Lynn on 9/17/03

    On 7/23/03, Connie Mellang wrote:
    > 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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