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Mold Queen Loses in Court: July 24, 2008

When does a health concern become an obsession? L.A. Weekly’s cover story, “Toxic Mold Rush: California Mom Helps Fuel an Obsession” delved into raging courtroom wars over whether mold — that black and blue stuff that can grow in wet places in homes and offices — can make healthy people sick. The battle lines had been drawn between a hungry plaintiff’s bar representing thousands of allegedly sick people, and the dubious scientists and critics who have suggested the claims were driven by good old American hypochondria.

Our story, published in July, focused on a subculture of bloggers, activists and others who believe toxic mold is extremely dangerous, even though many top scientists say there is not enough chemical material in mold to do the damage to health that’s cited — or to create the huge range of alleged serious maladies.

Sharon Kramer, a former real estate agent in Escondido, alleges that her daughter’s chronic lung problems were worsened by household mold; Kramer was convinced that scientists and business execs were bent on making mold sound innocuous in order to reduce the growing litigation and jury awards against insurance giants, construction companies and public institutions.

The mold warriors went after a paper co-authored by Washington state–based scientist Bruce Kelman, which spelled out the lack of evidence or scientific basis for claims that mold causes the severe symptoms some people report. But Kramer, in her zeal, crossed the line: She wrote a press release that falsely suggested Kelman had lied under oath. Kelman sued her for libel.

Kelman won his libel case against Kramer by jury decision on August 28, after which Kramer discontinued the counsel of her attorney, Lincoln Bandlow, and filed papers to request a new trial, to strike costs (the $7,250 in nonattorney fees Kelman had paid in his suit) and to have the jury decision thrown out.

On December 12, San Diego Superior Court Judge Lisa Schall struck down both Kramer’s motion for a new trial and her motion to have the jury judgment dismissed. Schall will review Kramer’s request that fees be waived. Kramer says she will appeal the decision.

Not that this really settles anything between scientists and alleged sufferers. After the Weekly story ran, an army of self-styled mold warriors nationwide came to Kramer’s defense, posting more remarks on the Weekly’s online comments board than any other story had garnered in 2008.

“Jersey Girl” warned: “Shame on you [Daniel Heimpel] and may you get back what you have put out there. Beware, your home could be next, and then you will know the nightmare others have lived.”

Dana Toliver” wrote: “Sharon Kramer has a lot of support and you have messed with the wrong group of people. This only fuels the fire to keep fighting for all those around the world who are suffering. ... Someday the world will wake up to the truth that we [‘Mold Warriors’] already know.”

Kramer added a final comment this month, which cites a September 30 General Accounting Office report that calls for more interagency cooperation on mold, suggesting that in some cases toxic mold might be dangerous.

From “Toxic Mold Rush: California Mom Helps Fuel an Obsession” by Daniel Heimpel

Like those who would later join the cause, including Johnny Carson sidekick Ed McMahon, she saw a conspiracy funded by businesses out to end mold claims while risking the public’s health. She believed that the well-being of thousands depended on her exposing that deceit. Like the fight waged by McMahon over the death of his dog purportedly from mold, Kramer’s belief has consumed her. It has wiped out her comfortable suburban life and financial security and caused her to lose touch with many friends.

But the great mold scare never rose to the level of accepted epidemic among serious researchers. Despite public hysteria that continues even now, science today finds no direct link between mold and serious illness in people with normal immune systems.

 
  • Normal Person 01/22/2009 11:44:00 PM

    Be very careful. These mold nuts are dangerous. VERY dangerous.

  • Medical Mycologist 01/16/2009 5:41:00 AM

    I am a medical mycologist, pathologist in diagnostic medical mycology, epidemiologist in allergology and a lawyer. I have investigated thousands of human habitations and performed numerous studies of mold affected and infected humans and animals. Mold is a problem when there is a problem. Unfortunately it is completely misunderstood even by the so called experts. Case management is extremely difficult without the required expertise. Kramer most likely had a great case (or been properly advised that she did not) that was not managed properly and lacking the required expert. Unfortunately you only get one legal bite at the apple. Every one of the the clients that retained my expertise prevailed-why? I tell them right away as both a lawyer and medical mycologist where they stand. It is all in the medical science. Do not waste your time with litigation until you have talked to an experienced medically trained in mycoses.

  • Michael 01/15/2009 1:31:00 AM

    Just reading the comments posted makes me believe there is something to the claim that mold causes illness, mental illness that is. The reaction of these people to the great weight of evidence that mold does not harm to people with normal immune systems reminds me of the Wizard of Oz. PAY NO ATTENTION TO THAT MAN BEHIND THE CURTAIN!! I for one will go with science, particularly when I know that predatory personal injury lawyers have driven so much of this.

  • Dana Toliver 01/03/2009 1:34:00 AM

    If you are going to quote me, why not use the whole comment I posted? And why are you using selective quoting to write your story? There were a lot of posted comments that could have been used, why mine and only one other? There were a lot of comments made that would support and prove our cause about toxic mold making people sick that also supports Sharon K. Just because something is not accepted as truth doesn't make it not true! Again, toxic mold and mycotoxins make people sick and the government, etc. knows this!

  • Linda 01/03/2009 1:12:00 AM

    I hope one day when the true facts are known all over the world that the people that write stories with such name calling will apologize to those that have suffered through illness but also have had to fight to just get help. Remember how they treated people with aids, how mother's with children with autism are left to fight for research, help, etc. Just because you don't understand an illness does not give anyone the right to hurt those that are suffering. If indoor mold does not cause illness in healthy people the people in doubt should have no problem spending a month or so in a moldy environment. . Why would people all over the world be looking for help or trying to educate others about indoor mold. I had never even heard of indoor mold ten years ago when I was very healthy and suddenly in the hospital with severe uticaria and left with reactive airways disease, getting sinus surgury, and was so weak that I could barely get around at the time. It would be wise to listen to those that are trying to educate and make change. We have seen how much corruption there is just among many of our leaders, etc. They of course would never try to hide the facts about some of these illnesses. It is sadly all about money. I can only hope that the new administration will help the suffering and get rid of these lobbyists and people that don't care about real people. Schools are one of the largest problems with this indoor mold problelm, and why would the children just create their breathing problems, etc. Linda

  • Sharon Kramer 01/01/2009 4:35:00 AM

    Mr. Heimpel, I am not certain who feeds you information, but it would behoove you to check your sources before you write and LAWeekly publishes. A quick trip to the Vista Courthouse and you would have been able to determine that the first few sentences of the Judge's ruling read, "The Court, having take the above-entitled matter under submission on December 12, 2008, and having fully considered the arguments of all parties, both written and oral, as well as the evidence presented, now rules as follows:~~ Defendant Sharon Kramer's Motion to Strike Costs or to Award Costs to Prevailing Parties is ruled on as follows: The Record in this case reflects that Plaintiff Bruce J. Kelman is the prevailing party solely as against Defendant Sharon Kramer. Defendant Sharon Kramer is the prevailing party solely as against Defendant Globaltox, Inc."~~ I don't know why you and LAWeekly persist with your false light writings of me, my family, this lawsuit and the mold issue in general. They are cruel, untrue and are apparently intended to inflict harm and distress writings.~~ The reality is and the court records show, I am the ONLY undisputed prevailing party in the case. No one is challenging that GlobalTox lost.~~ It is true, I am appealing the Kelman matter. Know why? Amazingly, seems there have been some "altered under oath statements" while under penalty of perjury. You might want to ask your sources about this matter before you write further on the subject.~~And please, leave my family alone. All I have done is blow the whistle on a deceit in medical science driving bad public policy to the detriment of the US public.~~ While Dr. Kelman has professed that illnesses "could not be" from mycotoxins in an indoor environement based on his expert opinion; the Federal GAO came out with a report Sept 30, 2008 saying these illnesses are indeed plausible to occur. I and many others have worked hard and we have now knocked a deceit in public policy science right out of the ball park. If you checked facts before you write, you would see this. http://www.gao.gov/products/GAO-08-980~~ So it is perplexing to me, why would you, who holds yourself out to be an investiagative journalist, be willing to jepordize your reputation by doing such shoddy work? Why would you want to cruelly promote garbage science that the Federal GAO has now deemed is garbage? Why would you, who professes to work for the betterment of your fellowman, continue down this horrid and hateful path?~~And why would LAWeekly want to publish this? They know better as their parent company ran an article in 2005 about one who was made ill from the exact situation I and others are helping to correct. http://www.phoenixnewtimes.com/2005-10-13/news/mold-attacks/~~ What is wrong with you people? What motivates you to write such false light hatred? Whatever it is, I feel sorry for you and those who surround you.

 

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