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Mold Lawsuits in the News

CIllinois: Michael Jordan can be added to the list of high profile celebrities whose homes have been infected with mold. Jordan is suing a manufacturer of the synthetic stucco that he claimed trapped moisture and caused $2.6 million in damages and repair to his Chicago home.

Maine: A severe mold infestation results in the permanent closing of a 50-year-old elementary school.

Mold Lawsuits Have Become Commonplace in the 21st Century

New Jersey: Three years ago a 2-year-old girl suffered from a terrible and unexplained illness and headaches. Tests for cystic fibrosis, leukemia and other diseases proved negative and the illness continued. The mother concluded that something in the house was making her daughter sick and to sometimes throw up for 7 to 10 days. The head of a diagnostic center at a children's hospital concurred that vacating the house might improve the child's condition. Upon a subsequent discovery of rampant mold inside a crawlspace, the family immediately left the home. Today, except for occasional asthma flare ups, the now healthy 5-year-old remembers feeling she was so sick she thought she was going to die.

Indiana: A former deputy prosecutor claims she was fired after being a whistle-blower and complaining that mold in her Lake County office caused her chronic headaches, coughing, fatigue and respiratory infections. Others in the office were also suffering from illnesses. Her complaints to managers in the prosecutor's office about the environmental hazards prompted a heated exchange and her subsequent firing. In Fall 2003, Indiana Occupational Safety and Health Administration tested the office and discovered bacteria and two kinds of mold that cause allergies and can lead to diseases. The former deputy prosecutor is filing suit against Lake County.

California: The Incredible Hulk overcomes another, yet unlikely foe — MOLD. Lou Ferrigno, former bodybuilder, television and movie star, and his wife reached a settlement with Mercury Insurance for negligence of one of their inspectors. The Ferrignos alleged that the company's inspector failed to locate and repair a faulty leak that prompted mold damages to several rooms in their home. The repair work took over a year to complete.

California: A plaintiff in a mold lawsuit initially awarded multi-millions of dollars in punitive damages against Allstate has died at age 99. He was a few days short of his 100th birthday on April 12. In 1999 the plaintiff refused Allstate's offer of $17,300 to repair his home and filed a lawsuit for the company's bad-faith dealings in handling his homeowner's insurance claim. A three-week trial in 2000 resulted in a jury awarding him $18 million in punitive damages — the presiding judge lowered the amount to $2.5 million. An appeals court then stripped the near centenarian of the $2.5 million in punitive damages and awarded him $628,646, an amount that paid his nearly $239,000 in legal fees and $290,000 to put toward home repairs.

Multi-Million Dollar Verdicts

There have been numerous multi-million verdicts and settlements regarding toxic mold exposure. Here's a quick look at some of them:

1. A jury awarded a Virginia family $4.75 million in February 2009 when their contractor's negligence caused toxic mold to spread throughout their new home and left nearly the entire family with irreversible medical injuries.
2. In California a family was awarded $2.7 million in July 2008 when the apartment they were living in was covered with toxic mold and caused them severe injuries.
3. In 2007 a Texas family was awarded $32 million when their insurance company failed to correct a water leak which caused toxic mold in their home. It was deemed that the family suffered severe injuries as a result of the negligence.
4. In North Carolina 20 owners of a townhouse project were awarded $6.3 million dollars due to mold infestation. The award was for personal injuries, buyback of property and attorney's fees.
5. A hotel owner recovered $1.1 million due to faulty construction when he has to seal rooms off from guests due to high levels of toxic mold.

Many Lawsuits Have Been Won Regarding Toxic Mold Exposure

FOLSOM, CA.: 24 people who purchased converted apartment condos have been awarded a $5 million settlement by an arbitrator who ruled that the condo developer concealed dangerous growths of mold in the units. Prometheus Real Estate based in Santa Rosa began converting about 400 units in the Waterford Place Apartments in 2005 at the height of the condo conversion craze. It sold 41 units from $150 to $250 thousand dollars.

LOS ANGELES: A family who claims toxic mold in their home caused brain damage in their baby has reached a $22.6 million settlement against a lumber company and 16 other defendants.
The parents of Kellen Gorman claimed that he became sick because of mold on framing studs that had been improperly stored by Crenshaw Lumber Co. Inc. of Gardena, which agreed to pay $13 million of the settlement. The studs were used in the custom-built Manhattan Beach home the family lived in for about two years beginning in 1999.

Brookfield, CT: (Mar-05-08) Gary J. Tricarico has brought a lawsuit against Miles Lynch, his Brookfield landlord, alleging that the home he and his family were renting was hazardous. The suit claimed that Tricarico had leased the property on 89 Clearview Dr. as a residence for his family and for his architectural engineering business. He lived there with his wife, Julie, and daughter, who was then 8 years old. He stated that the property was infected with toxic mold which was not made known to him prior to signing the lease, at which time he was in excellent health.
After living in the mold infested home, Tricarico claimed the mold began to impact his health and the health of his family members. When Tricarico rapidly gained weight, experienced swollen and painful joints, he thought he was having a recurrence of Lyme disease that he initially was diagnosed with in 1988. But when he went to treat the symptoms as Lyme disease it was not successful. He then hired a testing company from Stamford, called Hygenix Inc., which conducted several tests that revealed elevated levels of mold.
In the lawsuit, Tricarico claims Lynch violated the state statutes by failing to keep the property in a fit and habitable condition. As part of a settlement reached between the parties, the lawsuit was resolved and the landlord agreed to a $190,000 payout.

Resources::
http://www.spore-tech.com
http://injury-law.freeadvice.com/toxic-mold/arizona-toxic-mold-lawsuit.htm
Associated Press
Lonnie Wong FOX40 News

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