OTLA Trial Lawyer Spring 2021

32 Trial Lawyer • Spring 2021 By Adam Heder OTLA Guardian “Oh, please Adam, regale us with fascinat- ing stories of being a mold lawyer!” T his was the response I recently re- ceived from some friends after pok- ing fun of their “dull” careers in software sales and finances . . . I asked for it. But yes, I am a “mold lawyer.” That probably doesn’t sound too glamorous. It likely doesn’t even sound that sensical. What is a “mold lawyer?” Is that type of work rewarding? Challenging? Why would you ever do mold litigation? Are mold-related injuries even real? All fair questions. In short, I am a personal injury attorney who happens to specialize in mold-related injury. But I think I can best answer these questions by telling you about a recent case. I represented an undocumented His- panic family. The family of seven lived in a two-bedroom apartment. Over the course of their multiyear tenancy, they repeatedly complained to the landlord there seemed to be moisture coming in through various points in the house and mold was forming as a result. We have pictures and videos of the home. And needless to say, they’re disgusting. Black mold covering huge portions of the bed- room and closet walls, the ceilings and throughout the bathroom. But the calls were ignored. On other occasions, they were told this was no big deal. Not a harmful type of mold. Or they were the cause of it. In fact, it was a big deal. The rental unit had elevated levels of aspergil- lus/penicillium in the air (a mold commonly asso- ciated with personal in- jury), the source of which wa s c l e a r l y v i s i b l e throughout the apart- ment. Large swaths of black mold cov- ered portions of the interior, in closets and bedrooms, and on the ceiling. The source of the water was not the tenants themselves, but plumbing leaks, faulty windows and exterior water intrusions. Despite internal correspondence from the landlord acknowledging the problem, Adam Heder its urgency and its potential for harm, the issue went unremediated for years. In fact, the environmental analysis found the harmful conditions had existed in the unit for one to two years prior to the inspection, maybe longer. Consider that. A family of seven that dutifully pays their rent every month for fear of being evicted or penalized has in fact been paying to live in a filthy, dis- gusting slum not suitable for human habitation. Their home not only looked and smelled disgusting but in fact threat- ened their health on a daily basis. Their home — their sanctum of peace — had become their own worst enemy. And the health problems were many. Most members of the family suffered chronic congestion for years. They took every decongestant known to man to no avail. One of the teenage children devel- oped an epic case of eczema that became so scarring and ugly, the son was too Yes, Mold lawYers exist. And yes, I’m one of them.