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. >
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