Ed McMahon filed the first memorable celebrity mold lawsuit back in 2002, claiming that faulty work to clean and repair his home after a pipe burst resulted in toxic mold that made him and his wife sick and killed their dog. He asked for $20 million in damages and settled the claim the following year for just over $7 million.
Other celebrities have sued their insurance companies, home inspectors, contractors and tradesmen over the years related to mold issues including Erin Brockavich, Lou Ferrigno, Michael Jordan, and Bianca Jagger. A few months ago, there were rumours that mold contributed to the deaths of Brittany Murphy and Simon Monjack, after they both died weeks apart and were found to have had similar pneumonia type symptoms.
Now, Rachael Ray and her lawyer husband John Cusimano have filed a lawsuit against two home inspection companies for failing to discover that the Southampton home they purchased in 2007 had water damage and mold growth. Rachel has suffered with respiratory problems repeatedly and feels that the mold either caused or at least exacerbated these symptoms, which impacted her effectiveness on camera and in front of her audience. Rachael and her husband have moved into her apartment in New York City until the situation is resolved.
Are home inspectors liable for positively identifying mold?
According to leading trade associations for the home inspection industry, NO!
The International Association of Certified Home Inspectors document "International Standards of Practice for Inspecting Residential Properties", reads as follows:
3. Limitations, Exceptions & Exclusions
3.2. Exclusions:
I. The inspectors are not required to determine:
J. the presence of mold, mildew or fungus.
K. the presence of air-borne hazards.
Likewise, the American Society of Home Inspectors document "Standards of Practice" states:
13.2 General exclusions:
A.Inspectors are not required to determine:
11.the presence of potentially hazardous plants or animals including, but not limited to wood destroying organisms or diseases harmful to humans including molds or mold-like substances.
12.the presence of any environmental hazards including, but not limited to toxins, carcinogens, noise, and contaminants in soil, water, and air.
Although many home inspectors do offer mold investigation and mold testing services, this is an additional area of expertise that requires specific training and often separate liability insurance coverage.
Your best bet when buying a home is to have an independent comprehensive home inspection in conjunction with a mold inspection. These two professionals working together can minimize your potential for buying a home with water damage and mold growth.
Air Matters LLC has performed mold testing services in the Raleigh NC area since 2002. The owner, Renee D. Ward, has over 22 years of safety and environmental experience and holds both her Bachelors and Masters degrees in engineering. Renee is also a member of the American Industrial Hygiene Association and the American Indoor Air Quality Council. You may contact Air Matters at (919) 961-2221 or info@AirMattersMoldTesting.com.
Saturday, August 28, 2010
Tuesday, August 17, 2010
Football Frenzy Over MRSA Staph
Former Cleveland Browns center LeCharles Bentley sued the team last month over a career-ending MRSA staph infection he says he contracted at the team's training facility. Bentley's attorney, Shannon Polk, said Bentley nearly died from the infection while he was rehabbing from a knee injury.
"They told him their facility was the best," Polk said. "But they never told him about a host of unsanitary conditions there. And they never told him about the list of others who contracted staph before he chose to rehab there."
Bentley's knee became swollen, and he was diagnosed with MRSA staph infection shortly after beginning rehabilitation at the facility in July 2006, according to the lawsuit. The Browns had at least six players stricken with some sort of staph infection in recent years, including former receiver Joe Jurevicius, who settled a similar lawsuit with the team in June of this year.
What is MRSA?
According to the Centers for Disease Control (CDC) Methicillin-resistant Staphylococcus Aureus (MRSA) is a type of staph bacteria that is resistant to certain antibiotics called beta-lactams. These antibiotics include methicillin and other more common antibiotics such as oxacillin, penicillin, and amoxicillin.
How is MRSA Spread?
The CDC states that MRSA infections, as with all staph, are usually spread by having contact with someone’s skin infection or personal items they have used, like towels, bandages, or razors that touched their infected skin. MRSA is not thought to be spread through the air or associated with poor indoor air quality, although poor IAQ can cause other risk factors for infection.
What Can Athletes Do to Prevent MRSA?
The CDC offers the following prevention steps for football players as well as other athletes - including the high school player and the gym rat:
1. Practice good personal hygiene
•Keep your hands clean by washing frequently with soap and water or using an alcohol-based hand rub. At a minimum, hands should be cleaned before and after playing sports and activities such as using shared weight-training equipment, when caring for wounds including changing bandages, and after using the toilet.
•Shower immediately after exercise and do not share bar soap or towels.
•Wash your uniform and clothing after each use. Follow the clothing label's instructions for washing and drying. Drying clothes completely in a dryer is preferred.
2. Take care of your skin
•Wear protective clothing or gear designed to prevent skin abrasions or cuts.
•Cover skin abrasions and cuts with clean dry bandages or other dressings recommended by your team’s healthcare provider (e.g., athletic trainer, team doctor) until healed. Follow your healthcare provider’s instructions for when and how often to change your bandages and dressings.
3. Do not share items that come into contact with your skin
•Avoid sharing personal items such as towels and razors that contact your bare skin.
•Do not share ointments that are applied by placing your hands into an open container.
•Use a barrier (such as clothing or a towel) between your skin and shared equipment like weight-training, sauna, and steam-room benches.
Air Matters LLC has performed mold testing services in the Raleigh NC area since 2002. The owner, Renee D. Ward, has over 22 years of safety and environmental experience and holds both her Bachelors and Masters degrees in engineering. Renee is also a member of the American Industrial Hygiene Association and the American Indoor Air Quality Council. You may contact Air Matters at (919) 961-2221 or info@AirMattersMoldTesting.com.
"They told him their facility was the best," Polk said. "But they never told him about a host of unsanitary conditions there. And they never told him about the list of others who contracted staph before he chose to rehab there."
Bentley's knee became swollen, and he was diagnosed with MRSA staph infection shortly after beginning rehabilitation at the facility in July 2006, according to the lawsuit. The Browns had at least six players stricken with some sort of staph infection in recent years, including former receiver Joe Jurevicius, who settled a similar lawsuit with the team in June of this year.
What is MRSA?
According to the Centers for Disease Control (CDC) Methicillin-resistant Staphylococcus Aureus (MRSA) is a type of staph bacteria that is resistant to certain antibiotics called beta-lactams. These antibiotics include methicillin and other more common antibiotics such as oxacillin, penicillin, and amoxicillin.
How is MRSA Spread?
The CDC states that MRSA infections, as with all staph, are usually spread by having contact with someone’s skin infection or personal items they have used, like towels, bandages, or razors that touched their infected skin. MRSA is not thought to be spread through the air or associated with poor indoor air quality, although poor IAQ can cause other risk factors for infection.
What Can Athletes Do to Prevent MRSA?
The CDC offers the following prevention steps for football players as well as other athletes - including the high school player and the gym rat:
1. Practice good personal hygiene
•Keep your hands clean by washing frequently with soap and water or using an alcohol-based hand rub. At a minimum, hands should be cleaned before and after playing sports and activities such as using shared weight-training equipment, when caring for wounds including changing bandages, and after using the toilet.
•Shower immediately after exercise and do not share bar soap or towels.
•Wash your uniform and clothing after each use. Follow the clothing label's instructions for washing and drying. Drying clothes completely in a dryer is preferred.
2. Take care of your skin
•Wear protective clothing or gear designed to prevent skin abrasions or cuts.
•Cover skin abrasions and cuts with clean dry bandages or other dressings recommended by your team’s healthcare provider (e.g., athletic trainer, team doctor) until healed. Follow your healthcare provider’s instructions for when and how often to change your bandages and dressings.
3. Do not share items that come into contact with your skin
•Avoid sharing personal items such as towels and razors that contact your bare skin.
•Do not share ointments that are applied by placing your hands into an open container.
•Use a barrier (such as clothing or a towel) between your skin and shared equipment like weight-training, sauna, and steam-room benches.
Air Matters LLC has performed mold testing services in the Raleigh NC area since 2002. The owner, Renee D. Ward, has over 22 years of safety and environmental experience and holds both her Bachelors and Masters degrees in engineering. Renee is also a member of the American Industrial Hygiene Association and the American Indoor Air Quality Council. You may contact Air Matters at (919) 961-2221 or info@AirMattersMoldTesting.com.
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