Re: need advice-- mold infested air conditioner

February 4, 2006

That sounds awful . I am also concerned about turning on my Air

Conditioning? How would one have this all checked out? I am concerned about

turning mine on too. Loni

Pollard-Grayson <epg@...> wrote: I think I know the answer

to some of my own question, but I am looking

for BTDT experiences and/or referrals to help me.

For those who haven't seen/met me on other lists, I'm a 31 year old

female who was healthy until 3 years ago after the birth of my youngest

child. With his birth, I started experiencing extreme fatigue and

sensitivity to chemicals. We made the mistake of buying a new car a

month after his birth, and I began reacting to that, too. Since then,

we have switched to a chemical-free lifestyle (and I quit driving that

car). However, despite doing everything I am " supposed " to do, my

health has continued to decline. I am now a universal reactor of the

most extreme type. I can not go into public without becoming ill, so I

am homebound. My food allergies have increased. I have no energy.

Doing laundry is a huge accomplishment for me. My husband and kids

have to strip before entering the house and shower multiple times

with " safe " shampoo just so they can be around me. Fibromyalgia has

become a serious problem. My life-long IgE allergies have increased in

severity. Etc., etc., etc. I am among the sickest of the sick, and

the doctors I see who are used to working with folks with MCS/CFS/FM

are at a loss as to what else to do with me since nothing seems to help

and I continue to try to get sick.

Three months after my youngest was born, our upstairs air conditioner

died. It was 14 years old, and we live in Austin, TX, where we use it

11 months of the year. So it was time to replace it rather than do a

$1000 repair. We spent the extra money on a super-efficient air

conditioner thinking it would pay off in the long run. Shortly

afterwards, I started having problems every time the AC came on. We

had the ducts non-chemically cleaned, and that helped. Within the past

year, though, the smell of the AC became awful for me, and every time

it kicked in after having been off for several days, I would have an

asthma attack. Dh had been investigating how to put a UV light in

there, and he has actually purchased it. However, mold FINALLY showed

up in a place we can see on the a/c. He did a home mold test on that

spot, and it came back positive for cladosporium, a mold that is very

common in the air down here per a test we did of the outside air.

However, it shouldn't be growing on our AC unit. Heaven knows what

other assortment of molds are growing inside on the coils.

We have to get a new AC in sooner rather than later. It will be 80

today, and I can't open the windows due to horrible air in my

neighborhood. Cleaning the AC chemically is not an option. I will not

be able to come in the house or use the AC. Besides, the mold will

just grow back. This is a design flaw.

Moving to temporary housing is not an option, so please don't suggest

it. We tried for 18 months, and we can't find anything I can tolerate

that is affordable, large enough for a family of 5 and 2 dogs, or in a

reasonable location for my husband's job. We were working on custom

building, but I can't tolerate many " safe " new materials because I am

so sick. We also just don't have the money to build. We're about $50-

$100K short.

We do have minimal mold insurance (at a cost of $500/yr for something

like $25K coverage); however, as we live in Texas, I am afraid to file

a claim because our insurance rates will skyrocket and/or we will get

dumped from the policy. Texas is very anti-consumer and pro-rich-big

business. Being dumped by a company is VERY common down here.

My instinct is that we should start with a lawyer, not with the company

that installed this poorly designed mold-promoting piece of crap (an

Amana). I feel that Amana should be held responsible for designing

such a faulty AC that grows mold. It is one that does not blow air

over the coils after cycling; it just shuts off allowing the

condensation to mold on the coils. I'm also not pleased with the

company that sold/installed it. It obviously is contributing to my

failure to heal and/or continuing decline.

Anyone who has BTDT and can help me with advice is appreciated. If

anyone knows the name of a good lawyer in Austin who works with those

who have been injured by mold, I would also appreciate that. I'm sick

enough that I can't even open the phone book with out putting on a mask

and gloves! However, I'd rather have an experienced, winning lawyer if

we are going to take on the stress of suing.

FAIR USE NOTICE:

February 6, 2006

Check out some of these firms. Texas lawyers are known for their

product liability work! Also check out the Texas Trial Lawyers

Association, the American Trial Lawyers Association, WestLaw.com,

LawyerFind.com - sometimes they have searchable lists. You need to be

aware that there are statues of limitation that varies with each

state. You need to find an attorney whose speciality is plantiffs,

preferably PRODUCT LIABILITY, personal injury, and/or mold or at least

toxic torts. A good attorney should take this on contingency. When

talking to attorneys, talk to more than just one and trust your instincts.

When calling attoreys, try to speak with an attorney rather than a

secretary. Frame your case as a product liability problem- get into

the mold issues after you've got his attention. Texas has made it

difficult to prove mold problems against contractors,so this may cloud

an attorneys first thoughts on the issue. First, find out about your

states' statue of limitation from an attorney- what makes the clock

start ticking - it may from the time a md told you your problems were

caused by mold or maybe from the time you saw mold in the a/c. Check

this out very carefully. Try to get as many facts together as possible

before talking with an attorney. Don't throw out the old a/c. You may

have to have it tested - we had a similar problem and tested a unit

for DNA. Do you have medical records stating mold is a problem for

you? Has a dr made a connective diagnosis - not in writing but

verbally? All this stuff helps when approaching lawyers.

Good luck.

HOEFFNER, BILEK & EIDMAN

(713) 227-7720

720 LYRIC OFFICE CENTER

440 LOUISIANA STREET

HOUSTON, TEXAS 77002-1634

E. Bilek

1-800-220-9341 or 713-230-2200

8441 Gulf Freeway, Suite 600

Houston, TX 77017-5051

Ms.Thao Ho

www.williamsbailey.com

Abraham, Watkins, Nichols, Sorrels, s & Friend

713) 222-7211

800 Commerce Street

Houston, TX 77002

P s

www.abrahamwatkins.com

Fibich Hamptom & Leebron

713-751-0025

1401 McKINNEY

Suite 1800

Five Houston Center

Houston, Texas 77010

S. Briggs

www.fibichhampton.com

Watts Law fIRM

1.361.887.0500

Tower II Building, 14th Floor

555 N. Carancahua Street

Corpus Christi, Texas 78478-0801

H. Hada

http://www.wattslawfirm.com

& Haas, L.L.P.

361-880-7500

2300 Frost Bank Plaza

802 North Carancahua

Corpus Christi, Texas 78470

www.perryhaas.com

O'Quinn, Laminack & Pirtle

713) 223-1000

2300 Lyric Centre Building

440 Louisiana

Houston, Texas 77002

O'Quinn

www.oqlaw.com

Susman Godfrey L.L.P

214.754.1984

Suite 4100

901 Main Street

Dallas, TX 75202-3775

Bill Carmody or

713.653.7817

www.susmango

Wigington Rumley, L.L.P

361-885-7500

800 North Shoreline Boulevard

14th Floor, South Tower,

Corpus Christi, Texas 78401,

Jeff Wigington

www.wigrum.com

NIX, PATTERSON & ROACH

903-645-7333

205 Drive

Daingerfield, Texas 75638

Haronld nix or Cary

www.nixlawfirm.com

Reaud, & Quinn

409)-838-1000

801 Laurel

Beaumont, Texas 77701

Wayne Reaud

www.rmqlawfirm.com

Reaud, & Quinn

409)-838-1000

801 Laurel

Beaumont, Texas 77701

Wayne Reaud

www.rmqlawfirm.com

Baldwin & Baldwin

903-935-4131

400 West Houston

Marshall, TX 75670

Mr. Baldwin(, ,jr Jack)

www.baldwinlaw.com

s Law Firm

972) 398-6666

2817 Regal Road, Suite 105,

Plano, Texas 75075

s

www.stewartmatthewslaw.com

Slack & ,

512.795.8686

2705 Bee Cave Road

Suite 220

Austin, TX 78746

Mike davis

contact person:Bobbie Polozeck

Baron & Budd

214) 521-3605

3102 Oak Lawn Avenue, Suite 1100

Dallas, TX 75219

Frederick M. Baron

www.baronandbudd.com

Provost Umphrey Law

888-835-6009

490 Park Street

P.O. Box 4905

Beaumont, Texas 77704

" Chip " Ferguson or E. Payne

www.provostumphrey.com

>

> I think I know the answer to some of my own question, but I am looking

> for BTDT experiences and/or referrals to help me.

>

> For those who haven't seen/met me on other lists, I'm a 31 year old

> female who was healthy until 3 years ago after the birth of my youngest

> child. With his birth, I started experiencing extreme fatigue and

> sensitivity to chemicals. We made the mistake of buying a new car a

> month after his birth, and I began reacting to that, too. Since then,

> we have switched to a chemical-free lifestyle (and I quit driving that

> car). However, despite doing everything I am " supposed " to do, my

> health has continued to decline. I am now a universal reactor of the

> most extreme type. I can not go into public without becoming ill, so I

> am homebound. My food allergies have increased. I have no energy.

> Doing laundry is a huge accomplishment for me. My husband and kids

> have to strip before entering the house and shower multiple times

> with " safe " shampoo just so they can be around me. Fibromyalgia has

> become a serious problem. My life-long IgE allergies have increased in

> severity. Etc., etc., etc. I am among the sickest of the sick, and

> the doctors I see who are used to working with folks with MCS/CFS/FM

> are at a loss as to what else to do with me since nothing seems to help

> and I continue to try to get sick.

>

> Three months after my youngest was born, our upstairs air conditioner

> died. It was 14 years old, and we live in Austin, TX, where we use it

> 11 months of the year. So it was time to replace it rather than do a

> $1000 repair. We spent the extra money on a super-efficient air

> conditioner thinking it would pay off in the long run. Shortly

> afterwards, I started having problems every time the AC came on. We

> had the ducts non-chemically cleaned, and that helped. Within the past

> year, though, the smell of the AC became awful for me, and every time

> it kicked in after having been off for several days, I would have an

> asthma attack. Dh had been investigating how to put a UV light in

> there, and he has actually purchased it. However, mold FINALLY showed

> up in a place we can see on the a/c. He did a home mold test on that

> spot, and it came back positive for cladosporium, a mold that is very

> common in the air down here per a test we did of the outside air.

> However, it shouldn't be growing on our AC unit. Heaven knows what

> other assortment of molds are growing inside on the coils.

>

> We have to get a new AC in sooner rather than later. It will be 80

> today, and I can't open the windows due to horrible air in my

> neighborhood. Cleaning the AC chemically is not an option. I will not

> be able to come in the house or use the AC. Besides, the mold will

> just grow back. This is a design flaw.

>

> Moving to temporary housing is not an option, so please don't suggest

> it. We tried for 18 months, and we can't find anything I can tolerate

> that is affordable, large enough for a family of 5 and 2 dogs, or in a

> reasonable location for my husband's job. We were working on custom

> building, but I can't tolerate many " safe " new materials because I am

> so sick. We also just don't have the money to build. We're about $50-

> $100K short.

>

> We do have minimal mold insurance (at a cost of $500/yr for something

> like $25K coverage); however, as we live in Texas, I am afraid to file

> a claim because our insurance rates will skyrocket and/or we will get

> dumped from the policy. Texas is very anti-consumer and pro-rich-big

> business. Being dumped by a company is VERY common down here.

>

> My instinct is that we should start with a lawyer, not with the company

> that installed this poorly designed mold-promoting piece of crap (an

> Amana). I feel that Amana should be held responsible for designing

> such a faulty AC that grows mold. It is one that does not blow air

> over the coils after cycling; it just shuts off allowing the

> condensation to mold on the coils. I'm also not pleased with the

> company that sold/installed it. It obviously is contributing to my

> failure to heal and/or continuing decline.

>

> Anyone who has BTDT and can help me with advice is appreciated. If

> anyone knows the name of a good lawyer in Austin who works with those

> who have been injured by mold, I would also appreciate that. I'm sick

> enough that I can't even open the phone book with out putting on a mask

> and gloves! However, I'd rather have an experienced, winning lawyer if

> we are going to take on the stress of suing.

>

February 8, 2006

What about an attorney in the Dallas, Fort Worth areas?

Marcie

wiedb <wiedb@...> wrote: