Introduction

In recent years, the amount of mold-related litigation has been on an exponential rise. Toxic mold is known as the modern asbestos problem of the 21st century. Similiar to asbestos, toxic mold causes a set of symptoms and clinical illnesses that are difficult to detect. Quite differently, asbestos causes mesothelioma (a form of cancer which almost always comes from asbestos) whereas Toxic mold provides an appearance of common sets of symptoms (headache, nosebleeds, hemoptysis, wheezing etc) which gradually worsen without an exact pathway. Years later, a multitude of areas can become affected leading to the physical breakdown of the body in the form memory problems, rapid aging, asthma and even cancer.

Many asbestos victims suffered needlessly before it became recognized as a health hazard. Today, asbestos is banned in new construction. Toxic mold victims who's suffering goes much further are convinced by trusted professionals (insurers, doctors, lawyers) that these health issues are minor and/or the mold within the home is non-toxic or non-allergenic. In most cases, Stachybotrys, Aspergillus, Penicillium (three top toxic and allergenic molds) are found. The defending party then takes the position that  they had a lack of understanding. In reality, the economic concerns are that no deep pocket is deep enough to make things right for the victim(s). Historically, numerous cases in the courts and the media exist show toxic mold has been regarded as severe and harmful:

1. Victims of Hurricane Katrina being instructed to wear masks and protective clothing during their recovery and cleanup efforts in order to protect against dangerous mold growth

2. Ed McMahon's settlement of over $7,000,000 million USD in a case where  he and his wife also suffered injuries from toxic mold exposure and their dog also was killed by the mold.

3. Erin Brokovich's claim in Van Nuys Superior Court that mold in her dream house cost her $500,000 USD to fix and made her ill.

4. Bianca Jagger's lobbying on Capitol Hill following her lawsuit that toxic mold had made her $4,600 per month Park Avenue apartment uninhabitable.

5. Ballard v. Fire Ins. Exch., No. 99-05252 was the cornerstone of all future cases when the Texas jury awarded the Ballard family $32,000,000 USD ($6,000,000 USD for home and contents; $17,000,000 punitive damages; $9,000,000 legal fees) for property damage and mental anguish in a toxic mold case filed against their insurance company (Ballard v. Fire Ins. Exch., No. 99-05252 [Texas Dist Ct. June 6, 2001]). The insurance agency failed to repair internal leaks that caused the growth of toxic mold leading to the property damage as well as to the husband's brain damage and the son's asthma. The court found that after the plaintiffs made a claim for buckled wood floors caused by bathroom and refrigerator leaks, the insurer had engaged in fraud and unfair or deceptive acts, including failure to assign a competent independent claims appraiser. This resulted in Melinda Ballard's appearance on the cover of the New York Times Sunday Magazine in a full tyvex suit and the heading "MOLD".

6. Cases in China make MOLD/MILDEW a modern international killer with sick building syndrome cases and an incident [Monday, 9 March 2009] of Allopurinol, Lopurin, Zyloprim being infested with a lethal mold. The drug is used to primarily treat gout and was tainted by a mucormycosis during improper and unsafe storage conditions of the drug. Over 40,000 people are believed to have taken the tainted 100mg tablets and they were manufactured by Europharm Laboratories in Hong Kong, China. According to Hong Kong's director of Health Lam Ping-yan "... and therefore (the drug) became a culture medium for the fungus to grow". Europharm could not be reached for comment.

7. Historically, mold has been known since ancient times as early as the Bible. Mistakes in translation of regarding mold as leprosy only occurred in the King James Version [1]. The New King James Version addressed this issue by adding a footnote that the phrase "leprous diseases" meant mold, mildew, dry rot etc [2]. The New International Version, New Living Translation, Simplified Chinese and Traditional Chinese Versions [3],[4],[5], [6] all address mildew as a very large problem that required in certain cases the house to be burned down.

8. Citations have clearly indicated that toxic mold is damaging and is unsafe for children and adults (Research Study on Indoor Mold Exposure).

 Conclusions:

Whether you're a homeowner, renter, employee you need to be aware of your rights to be in a healthy environment. All mitigation efforts should guided by licensed professional builders and mitigation staff and a third party expert (i.e. physician) who will monitor and manage your claim. This is crucial to getting your claim completed without shortfalls. The physician's role is to provide you and your family with the insight/ knowledge and to keep your health interests at the forefront. Remember, toxic mold is harmful, unbearable and the only recourse should be 100% removal. A zero tolerance policy must be enforced.

Areas of Possible Negligence vs. Maintaining Strategic Compliance:

1. Mitigation of water damage should not lead to the forward "creation" of non-existent mold/toxic mold.

2. Homes that engage in constant toxic mold monitoring are fundamentally sound investments and a necessary protection. Insurance companies have protected themselves and unless you can prove that toxic mold was non-existent in the home prior to in the event of a loss, your coverage protection could be at risk. Answer: Purchase packages that allow you to monitor on a monthly basis.

3. Unnecessarily prolonged or misguided restorations.

4. Hidden shortcuts (i.e. no before/after testing to ensure 100% of toxic or allergenic mold is remediated)

End Notes

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 [1].

Leviticus 14:33-57 (King James Version)

 ³³And the LORD spake unto Moses and unto Aaron, saying,

 ³⁴When ye be come into the land of Canaan, which I give to you for a possession, and I put the plague of leprosy in a house of the land of your possession;

 ³⁵And he that owneth the house shall come and tell the priest, saying, It seemeth to me there is as it were a plague in the house:

 ³⁶Then the priest shall command that they empty the house, before the priest go into it to see the plague, that all that is in the house be not made unclean: and afterward the priest shall go in to see the house:

 ³⁷And he shall look on the plague, and, behold, if the plague be in the walls of the house with hollow strakes, greenish or reddish, which in sight are lower than the wall;

 ³⁸Then the priest shall go out of the house to the door of the house, and shut up the house seven days:

 ³⁹And the priest shall come again the seventh day, and shall look: and, behold, if the plague be spread in the walls of the house;

 ⁴⁰Then the priest shall command that they take away the stones in which the plague is, and they shall cast them into an unclean place without the city:

 ⁴¹And he shall cause the house to be scraped within round about, and they shall pour out the dust that they scrape off without the city into an unclean place:

 ⁴²And they shall take other stones, and put them in the place of those stones; and he shall take other morter, and shall plaister the house.

 ⁴³And if the plague come again, and break out in the house, after that he hath taken away the stones, and after he hath scraped the house, and after it is plaistered;

 ⁴⁴Then the priest shall come and look, and, behold, if the plague be spread in the house, it is a fretting leprosy in the house; it is unclean.

 ⁴⁵And he shall break down the house, the stones of it, and the timber thereof, and all the morter of the house; and he shall carry them forth out of the city into an unclean place.

 ⁴⁶Moreover he that goeth into the house all the while that it is shut up shall be unclean until the even.

 ⁴⁷And he that lieth in the house shall wash his clothes; and he that eateth in the house shall wash his clothes.

 ⁴⁸And if the priest shall come in, and look upon it, and, behold, the plague hath not spread in the house, after the house was plaistered: then the priest shall pronounce the house clean, because the plague is healed.

 ⁴⁹And he shall take to cleanse the house two birds, and cedar wood, and scarlet, and hyssop:

 ⁵⁰And he shall kill the one of the birds in an earthen vessel over running water:

 ⁵¹And he shall take the cedar wood, and the hyssop, and the scarlet, and the living bird, and dip them in the blood of the slain bird, and in the running water, and sprinkle the house seven times:

 ⁵²And he shall cleanse the house with the blood of the bird, and with the running water, and with the living bird, and with the cedar wood, and with the hyssop, and with the scarlet:

 ⁵³But he shall let go the living bird out of the city into the open fields, and make an atonement for the house: and it shall be clean.

 ⁵⁴This is the law for all manner of plague of leprosy, and scall,

 ⁵⁵And for the leprosy of a garment, and of a house,

 ⁵⁶And for a rising, and for a scab, and for a bright spot:

 ⁵⁷To teach when it is unclean, and when it is clean: this is the law of leprosy.

   [2].

Leviticus 14:33-57 (New King James Version)

The Law Concerning Leprous[a] Houses

1. Leviticus 14:34 Decomposition by mildew, mold, dry rot, etc., and so in verses 34–53

 [3].

Leviticus 14:33-57 (New International Version)

Cleansing From Mildew

 ⁴³ "If the mildew reappears in the house after the stones have been torn out and the house scraped and plastered, ⁴⁴ the priest is to go and examine it and, if the mildew has spread in the house, it is a destructive mildew; the house is unclean. ⁴⁵ It must be torn down—its stones, timbers and all the plaster—and taken out of the town to an unclean place.

 ⁴⁶ "Anyone who goes into the house while it is closed up will be unclean till evening. ⁴⁷ Anyone who sleeps or eats in the house must wash his clothes.

 ⁴⁸ "But if the priest comes to examine it and the mildew has not spread after the house has been plastered, he shall pronounce the house clean, because the mildew is gone. ⁴⁹ To purify the house he is to take two birds and some cedar wood, scarlet yarn and hyssop. ⁵⁰ He shall kill one of the birds over fresh water in a clay pot. ⁵¹ Then he is to take the cedar wood, the hyssop, the scarlet yarn and the live bird, dip them into the blood of the dead bird and the fresh water, and sprinkle the house seven times. ⁵² He shall purify the house with the bird's blood, the fresh water, the live bird, the cedar wood, the hyssop and the scarlet yarn. ⁵³ Then he is to release the live bird in the open fields outside the town. In this way he will make atonement for the house, and it will be clean."

 ⁵⁴ These are the regulations for any infectious skin disease, for an itch, ⁵⁵ for mildew in clothing or in a house, ⁵⁶ and for a swelling, a rash or a bright spot, ⁵⁷ to determine when something is clean or unclean.
      These are the regulations for infectious skin diseases and mildew.

[4].

Leviticus 14:33-57 (New Living Translation)

Treatment of Contaminated Houses

 ⁴³ “But if the mildew reappears after all the stones have been replaced and the house has been scraped and replastered, ⁴⁴ the priest must return and inspect the house again. If he finds that the mildew has spread, the walls are clearly contaminated with a serious mildew, and the house is defiled. ⁴⁵ It must be torn down, and all its stones, timbers, and plaster must be carried out of town to the place designated as ceremonially unclean. ⁴⁶ Those who enter the house during the period of quarantine will be ceremonially unclean until evening, ⁴⁷ and all who sleep or eat in the house must wash their clothing.

 ⁴⁸ “But if the priest returns for his inspection and finds that the mildew has not reappeared in the house after the fresh plastering, he will pronounce it clean because the mildew is clearly gone. ⁴⁹ To purify the house the priest must take two birds, a stick of cedar, some scarlet yarn, and a hyssop branch. ⁵⁰ He will slaughter one of the birds over a clay pot filled with fresh water. ⁵¹ He will take the cedar stick, the hyssop branch, the scarlet yarn, and the live bird, and dip them into the blood of the slaughtered bird and into the fresh water. Then he will sprinkle the house seven times. ⁵² When the priest has purified the house in exactly this way, ⁵³ he will release the live bird in the open fields outside the town. Through this process, the priest will purify the house, and it will be ceremonially clean.

 ⁵⁴ “These are the instructions for dealing with serious skin diseases, including scabby sores; ⁵⁵ and mildew, whether on clothing or in a house; ⁵⁶ and a swelling on the skin, a rash, or discolored skin. ⁵⁷ This procedure will determine whether a person or object is ceremonially clean or unclean.

   “These are the instructions regarding skin diseases and mildew.”

  [5].

Simplified Chinese:

关 于房屋中霉变的条例

「33 主对摩西和亚伦说∶ 34 “当你们进入我赐给你们作为产业的迦南地时，我要使你们的一些房屋中发生霉 * 变 。 35 那时，屋主必须去向祭司报告∶‘我的屋子里长出一些霉一样的东西！’36祭司要命人在他去查看霉变之前把屋子搬空，这样，屋子里原有的一切物品仍然是洁净的。然后，祭司要来检查屋子。37他要仔细查看霉变的地方，如果墙上的霉变是一些红色或绿色的霉斑，并且已经蚀入墙壁，38他就要走出屋子，把屋门锁闭七天， 39 在第七天再来检查。如果墙上的霉变扩大了， 40 他就要命人拆掉有霉斑的石头，把它们扔到城外专门设置的不洁之处。 41 还要命人把墙皮全部刮掉，刮下来的墙皮也要扔到城外的不洁之处。42然后，人们要用新 的石头替补那些被拆掉的石头，再给墙抹上新的墙皮。 43 “这屋子如果经过拆换石头、刮换墙皮后又出现霉变， 44 祭司就要 再来查看。如果霉变现象扩大了， 这就是侵蚀性的霉变，是不洁净之物  。45这屋子必须拆掉，它的石头、 木料和泥灰都必须扔到城外的不洁之处。 46 在屋子锁闭期间，凡进过屋子的人都要不洁净到当天傍晚， 47 凡在里面睡过觉或吃过东西的人都必须洗涤衣服。 48 “如果经过刮换墙皮之后，祭司来检查时没有发现有霉变扩散现象，祭司就可以宣布这房子为洁净；因为霉变已经消除了。 49 祭司要用两只鸟、一块香柏木、一条红线和一株牛膝草为房子行洁净礼。50 他要在盛满泉水的陶盆上杀掉其中一只鸟，51然后用香柏木、红线、牛膝草和另一只活鸟蘸盆里的血和泉水，向这房子弹洒七次。 52 这样，他就用鸟血、泉水、活鸟、香柏木、牛膝草和红线为房子行了洁净礼。 53 然后，他要到城外的郊野，把活鸟放掉。他用这种方式为房子行了洁净礼，房子在礼仪上

 就洁净了。” 54 以上是有关恶性皮肤病、疥疮、55 衣物上或屋子里的霉变、 56 皮肤上的肿块、癣、斑块等的条例。 57 这些条例是鉴别洁净和不洁净的依据，是

 有关恶性皮肤病和霉变的条例。」

（参考《利未记》14章33至57节, 易读版）

*霉∶衣服、皮革或木头在暖湿的环境里经常长出的一种菌。

Traditional Chinese:

關 於房屋中霉變的條例

「33 主對摩西和亞倫說︰ 34 “當你們進入我賜給你們作為產業的迦南地時，我要使你們的一些房屋中發生霉 * 變 。 35 那時，屋主必須去向祭司報告︰‘我的屋子裡長出一些霉一樣的東西！’36祭司要命人在他去查看霉變之前把屋子搬空，這樣，屋子裡原有的一切物品仍然是潔淨的。然后，祭司要來檢查屋子。37他要仔細查看霉變的地方，如果牆上的霉變是一些紅色或綠色的霉斑，並且已經蝕入牆壁，38他就要走出屋子，把屋門鎖閉七天， 39 在第七天再來檢查。如果牆上的霉變擴大了， 40 他就要命人拆掉有霉斑的石頭，把它們扔到城外專門設置的不潔之處。 41 還要命人把牆皮全部刮掉，刮下來的牆皮也要扔到城外的不潔之處。42然后，人們要用新 的石頭替補那些被拆掉的石頭，再給牆抹上新的牆皮。 43 “這屋子如果經過拆換石頭、刮換牆皮后又出現霉變， 44 祭司就要 再來查看。如果霉變現象擴大了， 這就是侵蝕性的霉變，是不潔淨之物  。45這屋子必須拆掉，它的石頭、 木料和泥灰都必須扔到城外的不潔之處。 46 在屋子鎖閉期間，凡進過屋子的人都要不潔淨到當天傍晚， 47 凡在裡面睡過覺或吃過東西的人都必須洗滌衣服。 48 “如果經過刮換牆皮之后，祭司來檢查時沒有發現有霉變擴散現象，祭司就可以宣布這房子為潔淨﹔因為霉變已經消除了。 49 祭司要用兩隻鳥、一塊香柏木、一條紅線和一株牛膝草為房子行潔淨禮。50 他要在盛滿泉水的陶盆上殺掉其中一隻鳥，51然后用香柏木、紅線、牛膝草和另一隻活鳥蘸盆裡的血和泉水，向這房子彈洒七次。 52 這樣，他就用鳥血、泉水、活鳥、香柏木、牛膝草和紅線為房子行了潔淨禮。 53 然后，他要到城外的郊野，把活鳥放掉。他用這種方式為房子行了潔淨禮，房子在禮儀上就潔淨了。” 54 以上是有關惡性皮膚病、疥瘡、55 衣物上或屋子裡的霉變、 56 皮膚上的腫塊、癬、斑塊等的條例。 57 這些條例是鑒別潔淨和不潔淨的依據，是有關惡性皮膚病和霉變的條例。」

（參考《利未記》14章33至57節, 易讀版）

*霉︰衣服、皮革或木頭在暖濕的環境裡經常長出的一種菌。