Toxic Tutorial

Source: http://www.claimrep.com/moldSlide7.htm

Mold is a living organism, but is neither an animal or plant. These microorganisms, or microbes, are in their own kingdom, the kingdom of fungi.

There are about 100,000 species of mold. To live they require oxygen, water and carbon nutrients. They obtain nutrients by degrading materials.

A favorite material is cellulose which is found in wood, as well as other building materials such as drywall and acoustic tile. Mold nutrients are found also in various fabrics commonly used in furnishings.

Microbes come in from outdoors through openings or on material brought in. These contaminants then settle in on various substrates such as upholstery, walls and wall cavities, ceilings and windows as well as shower curtains, areas around sinks, and air conditioning ducts.

The mold survives and flourishes on any surface that holds a moisture film. If moisture accumulates faster than the natural drying out process, the mold is in a flourishing environment. Such an environment promotes rapid amplification, that is, a colonization and growth of the fungi. Some of these biological organism can then emit spores containing mycotoxins and mVOC, microbial volatile organic compounds.

Myotoxins are a metabolite. They are toxic to humans and animals in low doses, although the dose-response levels are not yet known. mVOC are allergens and are evidenced by a musty odor.

This musty odor is evidence that mold is growing. Scientific evidence is obtained through bulk air samples of particulates that are viable-- that is, can be cultured in a laboratory. Evidence of the existence, but not necessarily growth of mold, is through visual inspection. Scientific evidence of non-living mold contaminants in the air is obtained through bulk sampling of non-viable particulates.

The myotoxins and mVOC are disseminated through the air flow in the building particularly the air conditioning and ventilation systems.

Claims of injuries are usually based on exposure through breathing in, or skin contact with, the airborne contaminants emitted by toxic mold.

Molds that produce toxins and allergens naturally occur in the environment-- both outside and inside buildings. Evaluating toxigenic or allergenic mold in a building is based on comparing the inside environment with both the outdoors and other interior areas. The comparison is of both the amount of organic materials in the air and their composition.

Frequently encountered toxic molds that may have health effects are various species of the genus Aspergillus, the genus Penicilium, and the genus Stachybotrys chartarum (atra). The mycotoxins and aflatoxins produced by the blue-green molds Aspergillus and Penicillium may have serious health effects. The mycotoxins found in the spores of the moist, black or greenish-black mold Stachybotrys chartarum (atra) may have serious health effects. Other possible toxigenic molds found in building environments are Trichoderma and severl species of Fusarium, particularly Fusarium moniliforme.

Many consider that a prime defense against liability is medical causation. Expert opinion in this area is based on medical research that is rapidly evolving. The validity of the expert testimony should be viewed in light of the research literature.

Some U.S. states have adopted principles of evaluating expert testimony set forth by the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceutical. The Court stated that judges must decide whether evidence is scientifically valid and relevant. As the gatekeeper of evidence the judge should consider whether the theory or hypothesis has been tested and if not whether it can be empirically tested.

Another consideration is whether the theory has been the subject of publication in peer-reviewed scientific journals and whether the theory is generally accepted in the scientific community.

Finally, the judge must consider the experimental controls and expected error rates that are acceptable in studies associated with the theory.

Investigation of medical causation is likely to include determining medical condition prior and subsequent to exposure.

Parties possibly responsible for the presence of toxic mold in rental units or condominiums may be the following:

Apartments: Building owner and management company Common areas, AC ducts

Condominiums: Homeowners Association Common areas, AC ducts

Architect Building design

Mechanical engineer HVAC design

Unit owners and renters Bathrooms, kitchens, furniture, clothing

General contractor, subcontractor: rough carpentry Leaking windows

General contractor, subcontractors:stucco, waterproofing, sheetmetal Water entry through siding