LOS ANGELES -- A California family accepted $13 million from a lumber company in mid-trial to complete a $22.6 million settlement with their home's contractors and suppliers over mold contamination blamed for a child's severe brain injury.

Attorney Brian D. Witzer, who represented Gary Gorman, his wife, Dana M. Pace, and their three children, declined to identify the settling lumber company, but said, "we hope this settlement sends a signal to lumber yards nationwide to treat mold growth issues seriously and establish policies to protect the public's health and safety."

Los Angeles County Superior Court Judge Victoria Chaney has scheduled a hearing for Nov. 14 to consider approval of the settlement terms for the three minor plaintiffs, Kellen M., Kyla M. and Tenley L. Gorman.

The Gormans complained of respiratory and sinus problems shortly after moving into a new $1.9 million home in Manhattan Beach, Calif., in 1999. They stayed in the home for two years before moving because of deteriorating health problems, including brain lesions and cysts suffered by Kellen Gorman, now age 5, which were revealed in an MRI taken when the child was 3-1/2. An MRI taken when the child was 1-1/2 was normal, according to the Gormans.

Other family members complained of respiratory and related problems, and Gary Gorman also asserted claims for cognitive difficulties, including memory loss.

All but one defendant agreed in the weeks preceding trial to pay the Gormans a total of $9.6 million to settle individual claims, according to counsel. Plaintiffs presented evidence for six weeks and had nearly completed its case when the settlement was reached, counsel said.

More on this story is available to subscribers at www.harrismartin.com today, and will be included in the November issue of COLUMNS-Mold.
 

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