A San Francisco tenant has approached a Federal Appeals court claiming that another court dismissed her experts?? testimony regarding the ability of mold injuries to cause brain damage. Ms. Kilian stated that the apartment that she had been renting was contaminated with mold and that the defendants, who included Equity Residential Trust and Equity Residential Properties Management Corp., failed to fulfill their duty in ensuring that the accommodations were habitable and safe.
Ms. Kilian went on to state that mold was allowed to grow in the apartments with no concern from the defendants, and that the mold had affected her health in many ways. Some of the injuries listed included mycotoxicosis, brain injury, seizures, neurological problems, cognitive impairment, and immune system deficiencies.
The testimony regarding the relationship between mold and brain damage was heard originally at the US District Court for the District of Arizona, where the sitting judge states that he ??agreed with the conclusion of the Institute of Medicine of the National Academy of Sciences that there is insufficient evidence of an association between neuropsychiatric symptoms and the presence of mold.??

??While there is sufficient evidence of an association between upper respiratory tract symptoms and the presence of mold, the plaintiff here claims no upper respiratory tract problems. We thus exclude the expert testimony in this case that sought to establish causation between the presence of mold and plaintiffs symptoms. Without that evidence, plaintiff??s claim fails.??

Topic Added May 17th, 2005 - Print This Story - E-Mail This Story - Bookmark This Story

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