California ~ Choose Wisely to Stop Science Frauds In Policy over Mold Illnesses

December 23, 2015 (Mailed on Dec 24th)

So Cal Federal Attorney Laura Duffy

U.S. Attorney General Loretta Lynch

U.S. Deputy Attorney General Sally Quillian Yates

California Governor Jerry Brown

Medical Director OSHA, Dr. Michael Hodgson

Presiding Justice California 4th/1st MULTI-BILLION DOLLAR ENVIRONMENTAL CRIMINAL Judith McConnell

Dear Atty Duffy, AG Lynch, Deputy AG Yates, Dr. Hodgson, Governor Brown & Deadly coram non judice SLAPP-case-fixer McConnell,

RE: Third request to Ms. Duffy to prosecute California Justice McConnell and federal contractors Veritox, Inc., et. al., for a decade of case-fixing SLAPPs (including falsifications and cover-up of falsifications of material court documents). It has been a horrible decade of retaliation for my exposing (2005) how a scientifically void risk assessment model, the Veritox Theory, was marketed into public health and workcomp environmental policies, purposed to deny liability for causation of disabilities and deaths from toxigenic Mold[1].

This Cover Letter and two enclosures [Enclosure One & Enclosure Two with working links] may be read online at Katy’s Exposure under the title, “California ~ Choose Wisely to Stop Science Frauds in Policy over Mold Illnesses” http://wp.me/plYPz-44Z

The gist: Governor Brown signed SB655 into law in October 2015. The law is not going to work to the public’s or workers’ best interest — without Justice McConnell et.al. being prosecuted for their decade of case-fixing SLAPP to keep discriminatory scientific fraud able to be used [2] in U.S. physician education, public health & worker-protection-policies, and in U.S. courts over illnesses from Mold. Unless court-fraudsters are publicly punished, the science fraud (that is funded by the CDC [3]) will taint how SB655 is implemented. It will entangle more government employees, physicians & policy-writers in the mess McConnell created by practicing politics – not law – from her bench.

As it always the case when fraudsters work with and within government, it is not the initial unethical act that gets one into trouble. What has been done to market discriminatory science fraud over Mold is unethical. What McConnell has done to me while trying to cover-up the fraud, is criminal. I want my millions and the decade of my life back that McConnell’s criminal retaliation under the color of law stole from my family and me for my daring to speak the truth. I want the scientific fraud penned by federal contractors at Veritox, Inc., eradicated from being able to harm U.S. public and workers who are being environmentally disabled – and are then treated like liars and scammers. I want leading CA court fraudsters (McConnell, Huffman, Benke, et.al.), Veritox, Inc. owners, along with multiple complicit “public servants” in San Diego County (fourteen jurists, multiple court clerks, DA Dumanis & Sheriff Gore) removed from office and behind bars so they can’t harm anyone else with collusively felonious acts in the future. Falsification and cover-up of falsifications of court documents are felonies [4] even without the intent to defraud the U.S. public with the CDC.

The departments of Labor and Justice just announced…environmental crimes can bring felony convictions.”[5]  I and many others will believe the USDOJ & DOL are earnest with this intent when we see Justice McConnell, Bruce Kelman of Veritox, Inc., his CA attorney Keith Scheuer, et.al. sitting in jail cells by actions of Ms. Duffy.

Dr. Hodgson of OSHA has been fighting this particular fraud in public health and workcomp policy even longer than I have. Neither he, nor I, nor anyone else can completely eradicate it without the USDOJ prosecuting criminals who have concocted, aided and abetted the environmental crime by retaliatory felonies under the color of law in Southern California. Make their punishment fit their crimes for the sake of the people IF the USDOJ, DOL and Governor Brown are sincere with their stated intent to protect public and worker safety; and to reinstill integrity in justice systems of the United States, including California’s.

[1] California Health & Safety Code 17920(j) “Mold’ means microscopic organisms or fungi that can grow in damp conditions in the interior of a building.”
[2] Sept 2015 Joan Bennett, PhD, citing the retired ACOEM & AAAAI Mold Statements (containing the fraudulent Veritox Theory) in the pay-to-publish journal “Toxins” – promoting the odd concept that MVOCs should be called mycotoxins – the only volatile ones capable of harming http://www.ncbi.nlm.nih.gov/pmc/articles/PMC4591661/
[3] CDC funds the American College of Medical Toxicology (ACMT), which still markets the fraudulent risk assessment model of Veritox, Inc. McConnell’s courts have spent a decade covering-up the multi-billion dollar scientific fraud in CDC funded policies by case-fixing SLAPP suits, coram non judice. https://katysexposure.wordpress.com/nov-15-american-college-of-medical-toxicology-choose-wisely-to-sunset-your-mold-statement/
[4] California Penal Code 134 -court document falsifications and willful concealment of falsifications under the color of law are felonies punishable by up to four years in prison.
[5] Commentary: The unseen toll of workplace disease in America | Center for Public Integrity http://www.publicintegrity.org/2015/12/23/19078/commentary-unseen-toll-workplace-disease-america?utm_source=email&utm_campaign=watchdog&utm_medium=publici-email&goal=0_ffd1d0160d-7acaf8da6b-100240357&mc_cid=7acaf8da6b&mc_eid=7cf9538542

______________________________________________________

Enclosure One with working links. Mailed on Dec 24, 2015 to:

Jerry Brown CA Governor & President of the University of California Board of Regents, Sacramento, CA

Holly Mitchell CA Senator, Sacramento, CA

Karen Smith Director CA Department of Public Health (CDPH) Sacramento CA

Brandon Kitagawa Policy Specialist Regional Asthma Management. & Prevention (RAMP) Oakland, CA

Leonard Powell CA Association of Code Enforcement Officers (CACEO) Sacramento, CA

Robert Harrison President-elect, Association of Occupational and Environmental Clinics (AOEC) UCSF San Francisco, CA

Stuart Cohen, American Academy of Pediatrics (AAP) (BOD District IX) San Diego, CA

Sally Yates, Deputy Attorney General, U.S. Department of Justice (USDOJ), Washington, DC

Michael Hodgson, Medical Director Occupational Safety & Health Administration (OSHA) Washington, DC

CC’d (sans Enclosure Two that the below people previously received in Oct 2015, see Oct cover letters below)

1) Deadly, coram non judice SLAPP-fixer Presiding Justice Judith McConnell, CA Fourth, Division One Court of Appeal

2) Criminal & federal contractor, Bruce J. Kelman, President of Veritox, Inc.

3) Southern District of California Federal Attorney Laura Duffy

4) U.S. Attorney General Loretta Lynch

5) ACMT Director Paul Wax,

6) U.S. Department of Health and Human Services Secretary Sylvia Mathews Burwell

7) BOD Robert Wood Johnson Foundation, funders of the Choosing Wisely campaign.

Root of the fourteen year old problem coming straight out of the CDC and covered up by a decade of case-fixing SLAPP in McConnell’s courts — as spelled out in detail in Enclosures One & Two:

How the Veritox Theory Came to Be & Why It is Important to Rid It from Policies/Physician Education
 Veritox, Inc. co-owner, Mr. Bryan Hardin, retired as a CDC NIOSH Deputy Director in 2001 and began a new career Mold-litigation-expert-defense-witnessing with Mr. Bruce Kelman, who came to the Mold issue from Big Tobacco expert-defense-witnessing. Their relationship as co-owners of Veritox, Inc. began shortly before the publication of the American College of Medical Toxicology (ACOEM) Mold Statement in October of 2002. For many years the publication was widely marketed by special interests to unduly influence polices and court decisions – that Mold was not causing disabilities. In February 2015 it was finally sunset by ACOEM as a position paper with the aid of the Medical Director of OSHA. It is premised on an unscientific LNT risk model by Mr. Hardin and Mr. Kelman – the “Veritox Theory”.
“Nonprofits” marketed the Veritox Theory to physicians, policy-setters, and courts that this one greatly flawed risk-model proves that microbial toxins in water damaged buildings (“Mold”) will never reach a harmful level.
The debunked Veritox Theory, first promoted by the “nonprofit” ACOEM in 2002 and still being promoted as legitimate science by the federally-funded “nonprofit” American College of Medical Toxicology (ACMT) in 2015 
 Below is the subject linear-dose-no-threshold (LNT) risk assessment model. It is “garbage” science and a “defense argument” given false credibility by multiple U.S. “nonprofit” medical associations. With the undue air of credibility added, it has been extensively spun by U.S. building-stakeholder “nonprofits”, “experts”, toxic tort defendants &  attorneys as false proof that Mold (and none of its components) will rise to a level to harm human health.
(2002 Email from ACOEM’s Chair of the Scientific Advisory Committee, Jonathan Borak MD to ACOEM BOD members referring to the Veritox Theory/ACOEM Mold Statement as being “garbage” if no ACOEM endorsement would be given & a “defense argument” with  “currency in other places” for the authors (expert defense witnesses, Veritox, Inc.). http://freepdfhosting.com/bb400631a3.pdf )
Adverse Human Health Effects Associated with Molds in the Indoor Environment Copyright © 2002 American College of Occupational and Environmental Medicine
In single-dose in vivo studies, S. chartarum spores have been administered intranasally to mice or intratracheally to rats. 76, 77 High doses (30 x 106 spores/kg and higher) produced pulmonary inflammation and hemorrhage in both species. A range of doses were administered in the rat studies and multiple, sensitive indices of effect were monitored, demonstrating a graded dose response with 3 x 106 spores/kg being a clear no-effect dose. Airborne S. chartarum spore concentrations that would deliver a comparable dose of spores can be estimated by assuming that all inhaled spores are retained and using standard default values for human subpopulations of particular interest78 – very small infants,† school-age children,†† and adults.††† The no-effect dose in rats (3 x 106 spores/kg) corresponds to continuous 24-hour exposure to 2.1 x 106 spores/m3 for infants, 6.6 x 106 spores/m3 for a school-age child, or 15.3 x 106 spores/m3 for an adult. If the no-effect 3 x 106 spores/kg intratracheal bolus dose in rats is regarded as a 1-minute administration (3 x 106 spores/kg/min), achieving the same dose rate in humans (using the same default assumptions as previously) would require airborne concentrations of 3.0 x 109 spores/m3 for an infant, 9.5 x 109 spores/m3 for a child, or 22.0 x 109 spores/m3 for an adult. In a repeat-dose study, mice were given intranasal treatments twice weekly for three weeks with “highly toxic” s. 72 S. chartarum spores at doses of 4.6 x 106 or 4.6 x 104 spores/kg (cumulative doses over three weeks of 2.8 x 107 or 2.8 x 105 spores/kg).79 The higher dose caused severe inflammation with hemorrhage, while less severe inflammation, but no hemorrhage was seen at the lower dose of s. 72 spores. Using the same assumptions as previously (and again ignoring dose rate implications), airborne S. chartarum spore concentrations that would deliver the nonhemorrhagic cumulative three-week dose of 2.8 x 105 spores/kg can be estimated as 9.4 x 103 spores/m3 for infants, 29.3 x 103 spores/m3 for a school-age child, and 68.0 x 103 spores/m3 for adults (assuming exposure for 24 hours per day, 7 days per week, and 100% retention of spores). The preceding calculations suggest lower bound estimates of airborne S. chartarum spore concentrations corresponding to essentially no-effect acute and subchronic exposures. Those concentrations are not infeasible, but they are improbable and inconsistent with reported spore concentrations. For example, in data from 9,619 indoor air samples from 1,717 buildings, when S. chartarum was detected in indoor air (6% of the buildings surveyed) the median airborne concentration was 12 CFU/m3 (95% CI 12 to 118 CFU/m3).80 Despite its well-known ability to produce mycotoxins under appropriate growth conditions, years of intensive study have failed to establish exposure to S. chartarum in home, school, or office environments as a cause of adverse human health effects. Levels of exposure in the indoor environment, dose-response data in animals, and dose-rate considerations suggest that delivery by the inhalation route of a toxic dose of mycotoxins in the indoor environment is highly unlikely at best, even for the hypothetically most vulnerable subpopulations.”
One example of the usage of the scientific fraud to deny liability for causation:
February 2005 Mr. Kelman President of Veritox, Inc. & co-creator of the Veritox Theory as legitimized by ACOEM, stated under oath as an “expert” defense witness that it proves children’s neurocognitive disability “could not be” from mycotoxins — promoted in courts and physician education to mean all microbial toxins and inflammagens in damp buildings will never be able to disable people.
  “There could not be. I mean, the differences between the maximum dose that we could come up with and the level at which we see effects [in rats] for a broad range of mica toxins [mycotoxins] is just too great.”

__________________________________________________

Enclosure Two  “Nov 2015 American College of Medical Toxicology, Choose Wisely to Sunset Your Mold Statement

Dear Dr. Wax and ACMT Board Members,

RE: Choosing Wisely® to sunset the ACMT Mold Statement as the main references of the publication have already done so; thereby curtailing discrimination of the environmentally disabled and dying by use of the “Veritox Theory”.

Greetings. I am an advocate for integrity in health marketing. I research and write of how and why concepts are promoted to influence physician education, public health policies, insurer practices, and toxic torts in the United States and Canada.

Note: for ease of reading the linked-references for this letter, it may be read online at Katy’s Exposure Blog, in a post entitled “American College of Medical Toxicology, Choose Wisely To Sunset Your Mold Statement”.[1] Short link:   http://wp.me/plYPz-3VW

The gravamen of this letter is to request that ACMT stop causing environmental disability, death and discrimination of the disabled and dying by ceasing to promote a flawed scientific concept as appropriate physician education. Three “nonprofit” medical associations have been the primary mass-marketers of an erred concept for use by insurers, governmental agencies, private-sector stakeholders, and many other “nonprofit” organizations to stave off financial liability for causation of environmentally caused disabilities and deaths. The other medical associations which were mass-marketing the illness-causing scientific fraud have ceased to do so. ACMT is the last “learned body” of “esteemed colleagues” still marketing that it is scientifically proven toxigenic molds (and so many other antigens, toxins and inflammagens found in water-damaged buildings, WDB) do not harm humans. This is causing physicians and the public to be left unaware that many are living and working in hazardous environments.

INTRODUCTION

Contrary to what your toxicologist-physician trade association has promoted for a decade, science dictates that a linear-dose-no-threshold (LNT) model cannot be used as proof that toxigenic molds do not harm humans. Regarding the substantial error of promoting the false concept that LNT risk assessment models are able to prove more than they are scientifically capable of doing:

Eventually a disturbing conclusion was reached, that is, the principal dose-response model… had never been validated, but simply accepted as true, being passed down with authoritative conclusionary statements from textbook to textbook, from professor to student, from regulatory agencies to citizens, across generations of scientists, creating an illusion of knowledge and informed guidance.” Edward J Calabrese Department of Public Health, Environmental Health Sciences, University of Massachusetts, Amherst, MA, [2]

[Interpreted for lay people: One cannnot take a rat-study’s data, add some math and claim they have scientifically proven no human is being injured by an environmental exposure. To do so is spinning science to a fraudulent outcome. This spin to fraud has been mass-marketed as legitimate risk-assessment for far too long in U.S. public health advisories, in physician education, and in courts by “learned bodies of science and medicine”.]

ACMT’s position statement on illnesses caused by mold, mycotoxins and other microbial contaminants found in WDB is hereafter referred to as the “ACMT Mold Statement”. Entitled “Institute of Medicine Report on Damp Indoor Spaces and Health”[3] and attached hereto as EXHIBIT 1, it was co-authored in 2006 by Tom Kurt, M.D., and Daniel Sudakin, M.D. Dr. Sudakin is a current ACMT board member. In 2006, he was an affiliate of Veritox, Inc. along with ACMT Fellows, Dr. Michael Holland and Dr. Kevin Wallace.[4] [5] Dr. Wallace is still an affiliate of Veritox, Inc. [See footnote (fn) 5]

According to the ACMT website regarding position statement review policies [6]:

All statements should be reviewed on a periodic basis (every 3 years) and as needed when new data or questions arise. The original author(s) will be asked to address any questions, indicating the date of any revisions on the statement. Each author must sign a disclosure form discussing any potential sources of bias and conflict of interest.” [Lines 15-18]

The ACMT Mold Statement has not been updated in nine years since approved for publication in June of 2006.   It includes the following antiquated and always inaccurate key statement:

“With respect to mycotoxins in indoor air, exposure modeling studies have concluded that even in moldy environments, the maximum inhalation dose of mycotoxins is generally orders of magnitude lower than demonstrated thresholds for adverse health effects. (3,7,8)” [Paragraph 7, lines 1 & 2]

I.  MISAPPLICATION OF A LINEAR-NO-THRESHOLD RISK MODEL (LNT) “THE VERITOX THEORY” Page 4

II.  ACMT MISUSE OF REFERENCES TO PROMOTE THE VERITOX THEORY AS SOUND SCIENCE   Page 6

III. HARM BY POSITION STATEMENTS WORDSMITHED TOWARD AGENDA PROMOTIONS Page 8

IV.  ACMT REFERENCES No. 15 & No. 3 HAVE CEASED MASS-MARKETING THE VERITOX THEORY Page 11

V.  FOURTEEN YEARS OF MEDICAL “NONPROFITS” PROMOTING THE VERITOX THEORY FOR EXPERT DEFENSE WITNESS PROFIT BY SCIENTIFIC FRAUD UPON U.S. COURTS Page 14

VI.  THE VERITOX THEORY WAS SPUN BY INDUSTRY “NONPROFIT” LOBBYISTS & VERITOX, INC. OWNERS, PURPOSED TOWARD BLATANT SCIENTIFIC FRAUD UPON THE COURTS Page 16

VII.  A DECADE OF RETALIATORY CRIME BY CALIFORNIA JURISTS, CLERKS, ATTORNEYS & MR. KELMAN TO KEEP THE VERITOX THEORY IN U.S. POLICIES, PHYSICIAN EDUCATION & COURTS Page 22

VIII. A DANGEROUSLY JUSTIFIED SELF-PERCEPTION OF BEING ABOVE THE LAW Page 32

IX.  2012 VOID PERMANENT INJUNCTION TO NOT “REPUBLISH” A SENTENCE NEVER PUBLISHED, PURPOSED TO KEEP THE VERITOX THEORY IN U.S. POLICIES & U.S. COURTS BY CRIMINAL MEANS Page 38

X.  IN 2015, THE UNITED STATES DEPARTMENT OF JUSTICE REFUSED TO PROSECUTE MR. KELMAN & CALIFORNIA COURT OFFICERS, ET.AL, FOR CRIMINAL ACTS IN SLAPP ~ USDOJ HAS USED THE VERITOX THEORY FOR OVER A DECADE Page 42

XI. FEDERAL & STATE COVER-UP OF THE VERITOX THEORY FRAUD FROM SEA TO SHINING SEA (Part I) Page 45

XII. FEDERAL & STATE COVER-UP OF THE VERITOX THEORY FRAUD FROM SEA TO SHINING SEA (Part II) Page 49

XIII. FEDERALLY-FUNDED-ACMT PROLIFERATION OF SCIENTIFIC FRAUD SINCE 2006 APPEARS TO BE NO ACCIDENT Page 53

XIV. A CRIMINAL SETTING OF STANDARDS FOR U.S. TOXICOLOGISTS — WHY? Page 56

XV.  FEDERALLY FUNDED “NONPROFIT” MEDICAL ASSOCIATIONS CHOOSING WISELY® FOR WHOM? Page 58

XVI. CHOOSE WISELY TO USE FEDERAL FUNDS TO TEACH WDB INJURY PREVENTION – NOT TO TEACH A LITIGATION DEFENSE ARGUMENT WHILE CAUSING DISCRIMINATION & DISABILITY   Page 62

XVII. SEVENTY YEARS OF DISCRIMINATION OF ENVIRONMENTALLY INJURED BY LINEAR-DOSE MODELS Page 64

XVIII. JUSTICE MCCONNELL, RECALL & RESCIND THE REMITTITURS Page 66

XIX. CONCLUSION PLEASE CHOOSE WISELY TO CEASE PROMOTING SCIENTIFIC FRAUD AS EVIDENCE BASED MEDICINE Page 68

XOXO. THIS LETTER IS DEDICATED TO THE MEMORY OF THE LATE JARED JOSEPH DUSSAULT Page 69

Jared Joseph Dussault

March 26, 1998 – August 16, 2015

Jared was fifteen year old environmentally injured boy living in Florida. He was bullied into hanging himself. Beginning in the fall of 2014, he, his mother and two younger siblings were being treated like criminals for saying their NAA-affiliate-owned, water-damaged-apartment caused them to experience CIRS-WDB and EI, and that the bad faith acts of others with powerful political connections to cover it up, were only figments of their imagination.

The abusive insult to devastating injury drove him to take his life. Like so many others being maliciously deemed liars and horrifically harassed over the Toxic Mold Issue at a time in their lives when they need the most help, all he wanted was to be believed when telling the truth and treated like he mattered and was Somebody – which he was.

11885202_836832303090537_8572716791329680785_n

December 11, 2014 VIDEO of Jared Dussault pleading to “public servants” for help to stop the harassment and bullying of his family over the Toxic Mold Issue – to no avail.

Sincerely,

Mrs. Sharon Noonan Kramer  Woman with Stones

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