Brockovich and Me by Kathy Masera

[Guest guest]

Brockovich and Me

Editor's note: Shortly after her staff was forced to evacuate their offices

more than 14 months ago, California Job Journal Publisher Kathy Masera vowed

to lobby state legislators to address the serious health threat posed by

toxic mold. Last Wednesday, State Senator Deborah Ortiz (D-Sacramento)

arranged a fact-finding hearing on the Toxic Mold Protection Act,

legislation she authored that would make California the first state in the

nation to establish exposure limits in commercial and residential

facilities, require disclosure, outline proper remediation, and empower

state and local agencies to treat toxic mold as a serious environmental

hazard. This is Masera's account of some of the behind-the-scenes drama that

led to Wednesday's landmark press conference and hearing.

by Kathy Masera

What could I possibly have in common with the legendary Brockovich, the

determined legal assistant whose successful fight against PG & E was made

famous in the movie named after her?

For one thing, when and I met recently, I learned we had been

confronted with the trauma of toxic mold at virtually the same time. It was

just over a year ago that we both began experiencing mysterious illnesses.

At her home in the Southern California community of Agoura Hills,

was suddenly afflicted with serious chronic fatigue. She was so sick,

she began to doubt she could complete her commitments to the movie that was

about to be released.

" This was not just fatigue. I did not want to get out of bed . . .

to work . . . all I wanted to do was sleep, " told the press, the public

and politicos at Wednesday's Senate Health Committee Hearing in Sacramento.

As the weeks passed, her husband and family began to experience similar

symptoms.

Meanwhile, 400 miles to the north in our Sacramento offices, my

staff and I were coping with a variety of upper respiratory problems -

sinus, ear, and lung infections, sore throats, and headaches. When three

different staff members complained of nosebleeds on the same day, I began to

suspect something was terribly wrong with our office itself.

As 's illness lingered and worsened, she sought medical help.

But all the doctors could diagnose was an allergy to some toxic molds she

had never heard of. Nothing added up - until she stubbed her toe on a raised

floorboard in the 5,200-square-foot home she purchased with her bonus from

the settlement of the chromium suit against PG & E.

She began to suspect a water leak was warping her floor. " And then I

put two and two together, " testified. Water can lead to mold, she

reasoned, and there was a definite musty odor. She called her insurance

company, and the ensuing tests uncovered serious construction flaws. Her

dream home, she learned, was a sieve. Not only was the structure infested

with toxic mold, the ventilation system was saturating the air with

hazardous mold spores. Dust samples from the walls in her daughter's room

showed particularly hazardous levels of toxins.

Back at our office, environmental testing revealed similar

conditions so intense we were advised to evacuate our building immediately.

Fortunately, we were able to move to a building next door.

But had no place to go. Instead, she attempted to put parts of

her home under quarantine while crews worked to remediate the problem. After

spending hundreds of thousands of dollars, still needs another $35,000

just to finish remediating her daughter's room. " People look at me and think

I have all this money (from the PG & E settlement) but it's gone. I'm stuck. I

can't sell (the house) because I have to disclose (the mold problem). "

Much like the Job Journal's experience with our former landlord,

had no luck in getting either the builders or the former owner to

address the problem. " All I got was a counter-suit . . . for breach of

contract, but I don't know what I breached, " told the press.

While was the star at Wednesday's Capitol hearing, many others

spoke compellingly. At a pre-hearing press conference, Porath of

Forest Hills told how undetected mold in her just-purchased home threatened

the life of her infant son, who was " vomiting up to 70 times a day. "

Ultimately, the fire department agreed to burn their house to the ground at

the request of the Poraths. circulated startling photos to show how

her sickly child bounced back just six weeks after being removed from the

infested home. While her son now looks the picture of health, his growth has

stalled. Today, the 22-month- old boy weighs only one pound more than his

five-and-a-half month-old baby sister.

Tulare County Superior Court Judge Krunt, who suffered

vertigo and hair loss, told how her peers scoffed at her suspicions of a

toxic mold outbreak in their courthouse - until her male counterparts also

became ill. Today, 250 Tulare County courthouse workers have been sickened,

and one third are out on mold-related disabilities.

Attorney on, who has represented over 1000 toxic mold

victims (including and myself), recalled his visit to a low-income

housing complex in Southern California, where minorities were living in

rooms so infested with black, hairy, toxic mold, " it looked like wallpaper. "

" Mold is a potential hazard and should not be allowed [indoors], "

testified Sandy McNeel, research scientist for the State Department of

Health Services. Her department faces the daunting task of categorizing more

than 100,000 types of mold, and establishing acceptable exposure limits for

the few that are toxic.

Barbara Spark, indoor air quality coordinator for the federal

Environmental Protection Agency, said that while the EPA has no jurisdiction

over toxic mold, an environmental conference last year confirmed that it was

a major public health problem in most states.

She expressed particular concern about the indoor air quality at

most public schools, where cutbacks in building maintenance lead to water

leaks, the common denominator in most toxic mold cases. " There is a clear

consensus " that molds and children should be kept apart - studies have

linked the rise in asthma among youngsters to toxic molds in classrooms.

But it was what happened after testified that moved me the

most. As attempted to leave, she was mobbed in the hallway by an

appreciative crowd. Some sobbed as they thanked her for taking up the cause.

Many told her about their own toxic mold traumas. These were the people

had referred to in her testimony, the countless victims who are " losing

their health and their homes. "

When the hearing concluded, State Senator Sheila Kuehl asked those

members of the audience who were victims of toxic mold to stand. A

collective gasp silenced the room when nearly 100 victims rose to their

feet.

Senator Kuehl told me afterward she is convinced that toxic mold is

a serious public health issue. As one witness aptly put it at the press

conference, toxic mold is the " asbestos of this decade. "

Yes, Wednesday was a particularly gratifying day. When we began this

quest one year ago, many people told us we would never get this far. They

said legislation would never be introduced. Certainly, our efforts are far

from over - on the contrary, our chances depend upon the broad-based,

grassroots support and testimony of concerned citizens. I can only hope

people are moved to write letters to their community newspapers, urging them

to investigate this important issue. If enough voters speak out, legislators

will listen.

On a personal note, it was rewarding for me to get to know the real

Brockovich - a bright, genuine person unjaded by her own celebrity. Although

outspoken at times, she was more often than not soft spoken, especially in

comforting the many victims who approached her.

Her candor and appeal will go a long way toward bringing this issue to the

public's attention. Already, Senator Ortiz's office has been inundated with

calls of support.

There is an old saying in the newspaper business. A journalist's job is to

comfort the afflicted - and afflict the comfortable. With the help of our

crusading state senator and my new ally , we have begun to do just that.