A good reading on mold, science, and litigation

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The construct validity of the Lees-Haley Fake Bad Scale. Does this scale measure somatic malingering and feigned emotional distress?Butcher JN, Arbisi PA, Atlis MM, McNulty JL.Department of Psychology, University of Minnesota, 75 East River Road, Minneapolis, MN 55455, USA. butch001@...The Fake Bad Scale (FBS [Psychol. Rep. 68 (1991) 203]) was created from MMPI-2 items to assess faking of physical complaints among personal injury claimants. Little psychometric information is available on the measure. This study was conducted to investigate the psychometric characteristics of the FBS using MMPI-2 profiles from six settings: Psychiatric Inpatient (N=6731); Correctional Facility (N=2897); Chronic Pain Program (N=4408); General Medical (N=5080); Veteran's Administration Hospital Inpatient (N=901); and Personal Injury Litigation (N=157). Most correlations of the FBS and raw scores on the MMPI-2 were positive with correlations among the validity scales being lower than correlations among the clinical and content scales. The FBS was most strongly correlated with raw scores on Hs, D, Hy, HEA, and DEP. When the more conservative cutoff of 26 was used, the FBS classified 2.4-30.6% of individuals as malingerers. The highest malingering classification was for the women's personal injury sample (37.9%) while the lowest was among male prison inmates (2.3%). Compared to men, in most samples, almost twice as many women were classified as malingerers. The results indicate that the FBS is more likely to measure general maladjustment and somatic complaints rather than malingering. The rate of false positives produced by the scale is unacceptably high, especially in psychiatric settings. The scale is likely to classify an unacceptably large number of individuals who are experiencing genuine psychological distress as malingerers. It is recommended that the FBS not be used in clinical settings nor should it be used during disability evaluations to determine malingering.Publication Types:

Validation StudiesPMID: 14591444 [PubMed - indexed for MEDLINE]

From the WebSite of the think-tank, The Atlantic Legal Foundation:

Sound Science & Mold:

Mold Medicine & Mold Science

Its Practical Applications for Patient Care, Remediation & Claims

May 13-14, 2002 town University Convention Center Washington, D.C.

Sponsored by International Center for Toxicology and Medicine (ICTM) and the Department of Pharmacology at town University

Articles and Presentations:

What Everyone Should Know About Fungi Harriet A. Burge, Ph.D., Associate Professor of Environmental Microbiology, Harvard School of Public Health

Mold Neurotoxicity: Validity, Reliability and Baloney R. Lees-Haley, Ph.D., ABPP, Neuropsychology Consultant, Health Education Services

Mold Hype vs. Mold Science E. Gots, M.D., Ph.D., Principal, International Center for Toxicology and Medicine (ICTM)

The Role of Mycotoxins in Building-Related Illness Elena H. Page and B. Trout, Division of Surveillance, Hazard Evaluations and Field Studies, CDC, NIOSH,

Indoor Allergens and Irritants: With Emphasis on Molds in the Assessment of Indoor Air Quality Complaints Emil J. Bardana, Jr., M.D., Professor of Medicine, Division of Allergy & Clinical Immunology, Oregon Health & Science University

Sick building syndrome-a wolf in sheep's clothing Emil J. Bardana, Jr., M.D., Professor of Medicine, Division of Allergy & Clinical Immunology, Oregon Health & Science University

One Epidemiologist's View of Mold and Human Illness J. Millar, M.D., D.T.P.H. (Lond.), President, DON MILLAR & Associates, Inc.

Mold Remediation: How Complex Should It Be? E.N. Light, C.I.H., President, Building Dynamics, LLC, Reston, VA

The Science and Art of Environmental Mold Investigations Steve M. Hays, P.E., C.I.H., F.A.C.E.C., Chairman of the Board, Gobbell Hays Partners, Inc.

Expert Witness and Scientific Testimony Issues Concerning Mold Litigation in State And Federal Courts R. Larson, Esq., Pepper & Shefelman PLLC

Correcting Mold Misinformation E. Gots, M.D., Ph.D., Principal, International Center for Toxicology and Medicine (ICTM)

Health Effects of Mycotoxins in Indoor Air: A Critical Review Coreen A. Robbins,1 Lonie J. Swenson,1 Mark L. Nealley,2 E. Gots,2 and Bruce J. Kelman1 1 GlobalTax, Inc.2 International Center for Toxicology and Medicine, Inc.

Health Hazards from Exposure to Mycotoxic Fungi in Indoor Environments H. Kirkland, PathCon Laboratories

Putting Indoor Air Quality In Its Place Gregg LaBar, Occupational Hazards

Bioaerosol Lung Damage in a Worker with Repeated Exposure to Fungi in a Water-Damaged Building Trout,1 Bernstein,2 ez,1 Biagini,3 and Wallingford1 1 Division of Surveillance, Hazard Evaluation and Field Studies, NIOSH, CDC, Cincinnati, Ohio, USA2 Division of Immunology, Allergy Section, University of Cincinnati College of Medicine, Cincinnati, Ohio, USA3 Division of Applied Research and Technology, NIOSH, CDC, Cincinnati Ohio, USA

Mold & Health Tips E. Gots, M.D., Ph.D., Principal, International Center for Toxicology and Medicine (ICTM)

Essential Steps in Managing School Indoor Air Crises E. Gots, M.D., Ph.D., Suellen W. Pirages, Ph.D., Barbara A. Gots, M.D., Mark Nealley, M.S., CIH, (ICTM)

Give Your Building an Air Check E. Gots, M.D., Ph.D., Principal, International Center for Toxicology and Medicine (ICTM)

Indoor Health Problems: A Sound Process for Resolution E. Gots, M.D., Ph.D., Suellen W. Pirages, Ph.D., ICTM

Investigating Health Complaints E. Gots, M.D., Ph.D., Principal, International Center for Toxicology and Medicine (ICTM)

Mold and Mold Toxins: The Newest Toxic Tort E. Gots, M.D., Ph.D., Principal, (ICTM)

Mold as Toxin E. Gots, M.D., Ph.D., Suellen W. Pirages, Ph.D., ICTM

Mold Claims E. Gots, M.D., Ph.D., Principal, (ICTM)

OSHA Proposed Rule for Indoor Air Quality E. Gots, M.D., Ph.D., Suellen W. Pirages, Ph.D., ICTM

[Guest guest]

See

Mold Neurotoxicity:

Validity, Reliability and Baloney

R. Lees-Haley, Ph.D., ABPP

http://www.quackwatch.org/01QuackeryRelatedTopics/toxicmold.html

This article points to the biggest problem I see:

1. Individuals for the Plaintiffs wish to argue that because science has not

disproved the connection between mold and say neurotoxixity (or toxicity by

inhalation for instance) it is therefore plausable [and implied thus probable].

versus

2. The scientific method which requires proving with some degree of certainty

something before declaring it to be so.

" A theory which is not refutable by any conceivable event is nonscientific.

Irrefutability is not a virtue of theory (as people often think) but a vice. "

Popper, Sir Karl: Science: Conjectures and Refutations in Philosophy of

Science, 3rd Ed., Eds. Lemke, ED, Hollinger, and Daid Wyss Rudge.

Prometheus Books, Amherst, NY. 1998. pp38-47. [A lecture given at house,

Cambridge in the Summer of 1953]

I also suggest getting a copy of Alvin Weinburg on Science and Trans-Science in

Minerva, 10:209-222 (1972):

" One can never, with any finite experiment prove that any environmental factor

is totally harmless...We can never eliminate these insults (aka risks). "

Thus the " not disproved " position is irrefutable.

Having done about 60% of my work in cases for plaintiffs, I have to be careful

to follow scientific principles and the avoid the " irrefutables " ; or decline to

do the work. It is in this sense much easier doing defense work.

Tony

...........................................................................

" Tony " Havics, CHMM, CIH, PE

pH2, LLC

PO Box 34140

Indianapolis, IN 46234

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