May, 25, 2010
The Arizona Republic
Almost nine years after discovering mold in her house, a Phoenix woman went to her state representative to find a better way for mold victims to address the legal issues that surround the problem.
Carl Seel, R-Phoenix, plans to draft new legislation that would create a clear legal process for those whose homes are affected by toxic mold, he said in a press conference Tuesday. Seel was surrounded by supporters who have had mold and believe some remediation companies are negligent.
In November 2001, Luz Fuenzalida, of Phoenix, discovered mold in her home from a broken pipe, she said. She called her insurance company who recommended her to a mold remediation company.
She said a man arrived two days later and sprayed chemicals on the mold. She said he told her there was no need for her family to leave the house.
The next day, her family woke up with flu-like symptoms. One of her sons began to develop spots on his skin like burn marks, and she said two of her children still suffer from a weakened immune system.
“I’ve gone through a living hell,” she said.
Fuenzalida said her coverage proved worthless. After years of dealing with her insurance company and many legal media, her case was dismissed, she said. She approached Seel and told him her story in 2009.
Seel said he hoped to draft legislation to help Fuenzalida and others by the fall of 2010. He plans to adjust the law to deal with the few bad actors in the insurance field and make sure all mold remediation companies are properly certified.
He said a clear process would help both companies and homeowners. “It’ll help the insurance companies if they know the process,” he said.
Mold affects many homes in the state and can develop because of flooding, leaky roofs and even the steam from showers and cooking, according to the Arizona Department of Health Services website.
Political Action Committee – National Apartment Association (NAA) files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry
“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer
Information on Riverstone Residential, the Louisiana Housing Finance Agency, and the owners of Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana continuing to allow tenants to be exposed to extreme amounts of mold toxins
Irrefutable evidence indicates that Riverstone Residential, Guarantee Service Team of Professionals, & plaintiffs’ attorney, J Arthur Smith III, must have agreed to exclude evidence that would have shown the owners of Jefferson Lakes Apartments & Riverstone Residential had knowledge of the severe MOLD INFESTATION at the complex before we moved in