Medical Aspects of Personal Injury in Mold Litigation

1. Introduction 1
2. The New Sick Building Syndrome 1
1. Stachybotrys chartarum 1
3. Science Versus Hype 2
4. Basic Immunology and Its Application to Mold 3
1. Lymphocytes 3
2. Phagocytes 3
3. Accessory Cells 4
4. Plasma Cells 4
5. Antibodies 4
6. Antigens 4
7. Radioimmunoassay (RIA) 4
8. Radioallergosorbent Test (RAST) 4
9. Enzyme Linked Immunosorbent Assay (ELISA) 5
5. Recent Scientific Research on Mold Exposure 5
1. Nasal Lavage Biomarkers: Effects of Water Damage and Microbial Growth in an Office Building 5
2. Analysis of Pulmonary Surfactant by Fourier-Transform Infrared Spectroscopy Following Exposure to Stachybotrys Chartarum (atra) Spores 6
3. Adult-Onset Asthma is Associated with Self-Reported Mold or Environmental Tobacco Smoke Exposures in the Home 6
4. Induction of Cytotoxicity and Production of Inflammatory Mediators in Raw264.7 Macrophages by Spores Grown on Six Different Plasterboards………………………………………………….. 7
5. Mycotoxins in Crude Building Materials from Water-Damaged Buildings 7
6. Bioaerosol Lung Damage in a Worker with Repeated Exposure to Fungi in a Water- Damaged Building 8
7. Serum IgG and IgE Antibodies Against Mold-Derived Antigens in Patients with Symptoms of Hypersensitivity…………………………….. 8
8. House Dust, Mite, and Cockroach Exposure are Strong Risk Factors for Positive Allergy Skin Test Responses in the Childhood Asthma Management Program 9
9. Effects of Stachybotrys Chartarum on Surfactant Convertase Activity in Juvenile Mice 9
10. Hypersensitivity Pneumonitis from Ordinary Residential Exposures 10
6. Allergic Fungal Sinusitis: A Possible Pathologic Effect of Mold Exposure 10
1. Allergic Fungal Sinusitis 10
2. Immunological Testing 11
3. Imaging Studies 12
4. Medical Therapy 12
5. Corticosteroids 12
6. Immunotherapy 13
7. Antifungals 13
8. Surgical Therapy 14
7. Pulmonary Aspergillosis 14
1. Colonization 14
2. Pulmonary Aspergilloma 15
3. Antibody Findings 15
4. Allergic Alveolitis 15
5. Imaging Studies 16
6. Allergic Bronchopulmonary Aspergillosis 16
7. Treatment 16
8. How Do ABPA and AFS Relate to Mold Claims? 16
9. Conclusions 17
10. Bibliography 18, 19, 20

Abstract

Mold, particularly some of the more toxic molds like Stachybotrys, can turn a minor, routine claim into a major and expensive problem. Perhaps because of the amounts of money that can be involved, insurance companies have frequently handled claims involving mold and mold exposure poorly. As a result, they face increased costs and legal exposure. More important, however, their insureds are often left with a financial crisis, without the support and help of the insurance company they trusted.

Purpose of this paper. The primary purpose of this paper is to identify and discuss certain specific issues concerning mold and mold exposure that arise in the context of litigation against insurance companies. The litigation will frequently include claims both for coverage (which may have been denied) and for bad faith. This paper is not intended to be an exhaustive review of the area, nor is it intended to be an exhaustive discussion of the legal issues.

Mold-related claims have increased considerably over the past two to three years, and many claims are now associated with personal injury. Without proper education about our current medical and scientific knowledge, the true value of a case may be improperly assessed. An understanding of our current medical and scientific knowledge is paramount in achieving the ability to separate fact from media hype. Undoubtedly, the attorney who prepares by arming him or herself with this knowledge will be the one who is able to resolve these cases effectively.

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