Published: 09.10.2006
 
The Environmental Protection Agency and the Centers for Disease Control and Prevention say there is some evidence that mold can worsen asthma. However, most of the time, studies have shown that people who are sensitive to mold generally only suffer short-term nasal stuffiness, eye irritation, wheezing, or skin irritation.
 
Tucson attorney Harold Hyams, who is suing Wasatch Property Management Co., says mold has been linked to illness for more than 3,600 years. He says dozens of studies and articles back him up.
The attorneys for Wasatch, however, cite just as many research studies and articles rebutting the idea that mold can cause serious illness and even death.
 
Pima County Superior Court Judge John Davis dismissed much of Hyams' lawsuit because of problems with his evidence.
 
When attorneys want to present scientific evidence to jurors, judges sometimes require them to put their experts on the stand before trial so he can decide if they are knowledgeable and if their techniques are "generally accepted by the relevant scientific community."
 
Between March 6 and April 28, Hyams and the defense attorneys each called a handful of their experts.
On July 13, Davis ruled against Hyams, saying only a minority of experts believe mold can cause illnesses and death in humans.
 
Davis also said he had problems with each of Hyams' witnesses. One had to be discounted because Hyams had given him another expert's testimony, therefore tainting him in the eyes of the judge. Another had never written peer-reviewed articles on the topic and a third couldn't say how much mold it would take to cause illness or death.
 
The judge also agreed with the defense that Hyams' witnesses didn't "comply with established and recognized scientific protocols and procedures" when collecting mold samples. Hyams is appealing.
There is one thing attorneys on both sides do agree upon —- mold should be cleaned promptly.
Here are suggestions from the EPA:
 
§               There is no practical way to eliminate all mold and mold spores indoors; the way to control indoor mold growth is to control moisture.
§               Reduce indoor humidity to decrease mold growth by venting bathrooms, dryers and other moisture-generating sources to the outside; using air conditioners and dehumidifiers; increasing ventilation; and using exhaust fans whenever cooking, dishwashing and cleaning.
§               Clean and dry damp or wet building materials and furnishings within 24 to 48 hours.
§               Clean mold off hard surfaces with water and detergent and dry them completely.
§               Moldy absorbent materials, such as ceiling tiles, may need to be replaced.
§               Reduce the potential for condensation on windows, piping, exterior walls, roof and floors by adding insulation.
 
http://www.azstarnet.com/metro/146014
 
 
 

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