OTLA Trial Lawyer Spring 2021

33 Trial Lawyer • Spring 2021 embarrassed to play soccer, for fear of exposing his scars. That was not all. Other ailments in the family were throat irritation, vertigo and chronic flu-like symptoms. But equally as troubling was the land- lord’s own internal literature and guid- ance that left no doubt about the harms and dangers of mold, going so far as to prohibit their own employees from directly touching or inhaling any on-the- job mold. Apparently, it was too danger- ous for their own employees but not for their tenants, who were instead repeat- edly ignored or dismissed. Needless to say, the case settled, and we were happy with the result. So yes, in case you were wondering, I love my job. And mold litigation is an increasingly important area for the plain- tiff bar’s focus. But why? An elusive diagnosis First, these are serious injuries we are talking about. This isn’t a stuffy nose for a couple of weeks. I recently represented a young woman who developed perma- nent asthma as a result of unknowingly being exposed to mold for several years. She went from exercising every day to barely being able to keep her breath walk- ing up the stairs. Familiarize yourself with chronic inflammatory response syn- drome (CIRS), which is one of the most common injuries caused by mold. CIRS is a systemic inflammatory response that occurs in certain persons after being ex- posed to different types of irritants, namely mold. Certain people lack the immune response to the neurotoxins produced by exposure to the mold. There are numerous diagnostic tests for CIRS. But needless to say, CIRS is not some new age, mystical ailment caused by magnets in the atmosphere or tiny demons in our bloodstream. This is real, and it is serious. It can impair nearly every major system in the body, from neurological debilitations, to major gas- trointestinal disruption, to severe skin rashes and swelling, to respiratory disfunction. People often live with CIRS and other related illnesses for years — sometimes their entire lives — without ever getting a diagnosis. Few nonspecial- ist doctors diagnose it. Believe the reality When I first began these cases, I was skeptical. But now, after working with countless individuals who all, indepen- dent of each other, report the same symptoms and experiences, not to men- tion the medical and scientific literature, I’m a believer. It would be impossible for me to tell you, for instance, how many people have described a sensation where, while living in a water-damaged building, they have developed an incurable leth- argy accompanied by an utter inability to focus — a condition they describe as “brain fog.” Listening to clients recount these stories has become so predictable that I can often finish their sentences for them. This is not coincidence, and the medical literature, testing and research validate that. Providing our cl ients with the resources to get the medical help and treatment they need, but just as impor- tantly, validating their medical experi- ences is maybe the most satisfying part of these cases. For months or years, my clients have been told that “they’re fine,” that the problems “are all in their head,” that there’s no explanation for their symptoms, and that things will just go away. But they aren’t just fine. These problems aren’t just in their head. There is an explanation for these problems, and they won’t just go away. Listening to our clients, acknowledging their experiences and validating their pain is the apex of being a plaintiff ’s attorney, and no more so than in a realm — like mold-related illness — that hasn’t historically received much love. A demand for accountability Second, let’s keep the landlords and See Mold p 34