Louisiana March 15, 2012 Social Security Workers Win Lawsuit For Injury From Moldy Building; March 13, 2012 The Lies Play On For California Injured Social Security Workers

 – While the CAL Courts Desperately Try To Conceal Their Unlawful Role In Aiding Fraud To Continue For Now Seven Years
 
“Dr. Kelman specifically testified that he did not believe there was sufficient mold spores present in the Plaza Tower [sic Lousiana SSA Building] to sustain plaintiffs’ claims of illness as a result of exposure to mold, etc., in the workplace.”
 

March 13, 2012 ~ While Mrs. Kramer was unlawfully incarcerated and being given a false criminal record in the County of San Diego, California for refusing to be coerced into perjury; Mr. Kelman was rendering an ”Expert Toxicologist Opinion”on behalf of the County of Orange, California. His “expert” opinion was that the Social Security Administration  building in which an abnormal number of employees have cancer and autoimmune diseases, is safe for occupancy by the County employees.

 
LOUISIANA, March 2012
 
SHERRY WATTERS, ET AL.
VERSUS
DEPARTMENT OF SOCIAL
SERVICES, ET AL.
* * * * * * *
NO. 2011-CA-1174
COURT OF APPEAL
FOURTH CIRCUIT
STATE OF LOUISIANA
 
This is an appeal of a judgment awarding damages to 46 out of 50 class members involved in a toxic tort class action concerning injuries suffered while working at the Plaza Tower office building between 1996 and 2002. The Appellees, Sherry Watters, et al., (Appellees) are members of a class comprised of State employees who allege that while working in the Plaza Tower office building, they were exposed to mold. The class is made up of Department of Health and Hospitals (DHH) and Department of Social Services (DSS) employees, who suffered a variety of health issues due to their exposure to mold and mold byproducts. Finding that the district court did not err in awarding damages to the Appellees, we affirm the judgment of the district court.
 
On October 25, 2001, Appellees….the five class representatives in this case, filed a class action suit against the State alleging therein personal injuries through their exposure to toxic mold in the Plaza Tower.
 
Particularly, they allege that they suffered “inter alia”, headaches, respiratory infections, sore throats, body aches, flu-like symptoms, itching, and increases in allergy reactions caused by their exposure to mold, mold spores, and their by-products during their occupancy of the Plaza Tower as State employees from 1996 to 2002. After a class was certified and the certification was affirmed on appeal, the district court conducted a seven-day bench trial in November 2007, to determine the common issues for the class and damages for the five class representatives.
 
On October 30, 2009, the Louisiana Supreme Court denied the writ applications of both parties. Thus, by the end of 2009, the Appellees had established on behalf of the class that:
 
(1) the Plaza Tower was infested with harmful mold, particularly Stachybotrys, related to deplorable building conditions; (2) the State had breached its duty to its employees by requiring them to work in a building with such conditions; (3) that Stachybotrys mold can cause a variety of symptoms including respiratory symptoms, nasal irritation, sinus discomfort, watery eyes, throat discomfort, coughing, nasal symptoms, runny, blocked, or stuffy nose, headaches, itchy skin, weak voice, swallowing problems, and other related issues; and (4) the State is liable for 35% of the damages suffered by the Appellees.
 
[W]e opined that the class representatives had established their burden of proving specific causation linking their symptoms to the mold found in the Plaza Tower:
Accepting Dr.[Kashi] Rai’s opinion, the trial court concluded that
 
“the weight of the evidence presented in the instant case supports the conclusion of a causal connection between the mold and mold spores in the Plaza Tower and the symptoms suffered by DHH and DSS employees.”
* * * * *
Based on the testimony of the Class Representatives regarding the short-term adverse health effects they experienced while employed in the Plaza Tower, coupled with the testimony of Dr. Rai
 
linking those health effects to exposure to mold in the building, we cannot conclude that the trial court’s finding of specific causation is manifestly erroneous.
******
The district court as fact finder, determined that the reports, tests, examinations, testimony of the medical expert and the testimonies of all of the class members were credible and proved causation linking the symptoms suffered by the class members to the mold found in the Plaza Tower. We find that district court did not err in finding the demonstrative evidence credible; hence, awarding damages to 46 out of 50 of the class members.
*****
Therefore, based on the testimony of Dr. Rai, the district court concluded that the symptoms of the class representatives,
 
which included cold-like symptoms, fatigue, headaches, nasal symptoms, sinus discomfort, coughing, watery eyes, throat discomfort, sinusitis, itchy skin, bronchitis, rhinitis, nose bleeds, respiratory symptoms, nasal irritation, runny, blocked, or stuffy nose, headaches, itchy skin, weak voice, and swallowing problems are related to mold exposure.
 
The district court concluded that
 
“the weight of the evidence presented in the instant case supports the conclusion of a causal connection between the mold and mold spores in the Plaza Tower and the symptoms suffered by DHH and DSS employees.”  
 
**********
The State argues that because the records at issue were not certified pursuant to La. R. S. 13:3714, the district court could not rely on the contents thereof to award damages to the Appellees. However, the argument of the State is without merit as La. Code of Evidence art. 803(4) allows for the admission of uncertified medical records and statements for the purpose of medical treatment to be admitted into evidence.
*********
However, during their employment in the Plaza Tower,
 
no appreciable facts could attribute the Appellees‟ symptoms to the Stachybotrys mold found in the Plaza Tower because of the State’s constant reassurance to the employees that the building was safe and could not possibly be causing their symptoms and diseases….
 
Therefore, with this constant declaration that the building was not contaminated with mold, these five class members could not have formed the association of the mold in the Plaza Tower to their symptoms. Though these individuals incurred symptoms while working at the Plaza Tower, and most of their symptoms alleviated after they left the building for at least one year prior to the filing of this suit,
 
it was implausible for them to attribute their symptoms to the Plaza Tower.Though they witnessed unsanitary premises and mold infested walls while in the building, they relied on their employers‟ assurance that the building was safe and did not attribute any of their symptoms to the alleged environmental hazards.  It was not until 2001, that these class members concluded that they were harmed due to the mold in the Plaza Tower.
***********
In this matter, these class members neither knew nor reasonably could have known that the mold in the Plaza Tower caused or escalated their symptoms.
 
The Appellees constantly inquired about their suspicions relating to the condition of the building. They made complaints to all the appropriate superiors and agencies; however, their complaints were not met with results…the State did not inform or provide them with any indication that possible mold in the building could be the cause of their symptoms and diseases.
**********
Thus, the assignment of error raised by the State is without merit. The district court did not abuse its discretion. DECREE For the foregoing reasons, the judgment of the district court is affirmed. AFFIRMED
 
CASE HISTORY as written in 2006
 
The State called Dr. Bruce Kelman to testify at the certification hearing.
Dr. Kelman, an expert in the filed of toxicology (according to who?), testified that there was not enough mold spores to cause the reported illness claimed by the five class representatives.   He further testified as to the spore count made in 2001;  however, the defendants compromised a scheduled examination prior to 2001, because they placed bleach and other cleaning products into the duct work at the Plaza Tower…
  

Dr. Kelman specifically testified that he did not believe there was sufficient mold spores present in the Plaza Tower to sustain plaintiffs’ claims of illness as a result of exposure to mold, etc., in the workplace.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY In September 1996, the Division of Administration (“DOA”), which is vested with the power to approve or disapprove leases entered into by the State of Louisiana (“State”), approved a lease executed with the Plaza Tower Office Building (“the Plaza Tower”),..The DOA, acting through the Director of Office of Facility Planning and Control, Roger Magendie, approved the Department of Social Services’ (“DSS”) request to  cancel its lease with the owners of the Plaza Tower and in February 2002, DSS vacated the building and terminated its lease citing as reasons for the termination that the building owners violated the fire code and asbestos regulations, and that the building had chronic water leaks, which permitted mold to grow in leased office space.

The problems began as soon as employees began occupying the building.   Within weeks water pipes burst and people were ankle deep in water.   Letters and memos were circulated questioning why employees were sick with nose burning, breathing difficulties and upper respiratory problems.   Numerous complaints were made to the building managers and to state supervisory personnel complaining about water leaks, ceiling leaks, dampness and buckling and wet ceiling tiles.   In a letter report of October 12, 2001, Mr. Kenneth Lanier further observed a water soaked building with visible mold growth, uncleaned air conditioning coils and air quality in floors 17 and 27 that is known to produce potent mycotoxims [sic] and mold spores.   These are the floors visited on a regular basis by the class comprising the plaintiffs in the Mary Johnson et. al. vs.   Department of Social Services et. al. lawsuit….  READ WATTERS CASE HISTORY IN ENTIRETY 2006

2012 IN CALIFORNIA 

SAME OLE SCHTICK by hired expert Kelman for state and federal agencies to deny liability for causation of illness….

while the California Courts continue to try to conceal their role in aiding the deceit to continue by trying to silence, demean, financially cripple and physically harm the whistleblower of Kelman’s fraudulent expert opinion and how it made its was into policy for the purpose of misleading the courts to deny liability for causation of illness.

 

March 13, 2012 ~ While Mrs. Kramer was unlawfully incarcerated and being given a false criminal record in the County of San Diego, California for refusing coercion into perjury to conceal seven years of judicial, clerk attorney and plaintiff misconduct; Mr. Kelman was rendering an ”Expert Toxicologist Opinion”on behalf of the County of Orange, California. His “expert” opinion was that the Social Security Administration  building in which an abnormal number of employees have cancer and autoimmune diseases, is safe for occupancy by the County employees.

March 9, 2012 ~ North San Diego Superior Court, Dept 30 ~

MINUTE ORDER: “Ms. Kramer indicates that she will not sign the proposed retraction. Court find Mrs. Kramer is in contempt and sentences her to five consecutive days in custody and directs her to report to the Los Colinas Detention Facility at 9:00 am, March 12, 2012“ 

March 9, 2012 ~ North San Diego Superior Court, Dept. 30 ~

SHARON KRAMER: “I just want to make sure you understand. You’re sending a never impeached US citizen who changed public health policy and was framed for libel by this man [Mr. Kelman’s attorney] to jail for five days”.

Had Mrs. Kramer perjured herself on March 9, 2012 and signed the fraudulent retraction that was crafted by Mr. Kelman’s attorney, Keith Scheuer, 

for something she did not do – commit libel within in the first public writing, March 2005, of how it became a fraud in policy and US courts that it was scientifically proven moldy buildings do not harm -and while under Court threat of unlawful incarceration; her signature would have absolved seven years of judicial, clerk, attorney & plaintiff misconduct aiding to defraud the public & taxpayer over the mold issue. This, while aiding to continue to leave the sick, injured, dying and their families nowhere to turn for medical treatment from intentionally misinformed US physicians or restitution from those responsible for damage. 

March 14, 2012

SHARON KRAMER: No. What you’re asking me to do is fraud – to collude with the court to defraud the public after seven years.”

THE HONORABLE THOMAS NUGENT: Right. But I’m not conditioning my decision this morning on that. That’s not a condition.  It was merely a wish.” 

READ MORE of the California Courts major blunder in aiding the fraud to continue and what they are doing now to try to conceal the criminal actions by leading judiciary….by piling on more criminal actions. It goes alllllll the way up to the helm of California’s judicial branch.

PLEASE READ THE BELOW LINK IN IT’S ENTIRETY.  IT PROVIDES THE DIRECT EVIDENCE OF THE CALIFORNIA COURTS CONSPIRING WITH MR. KELMAN AND HIS CA ATTORNEY, MR. KEITH SCHEUER, BY CRIMINAL MEANS TO DEFRAUD THE PUBLIC ~  NOT KIDDING ONE IOTA!!!!

May 4, 2012 Declaration of Sharon Kramer of the need for Judge Thomas Nugent to be disqualified in the matter of SHAPIRO v. CITY OF CARLSBAD (pdf takes several seconds to open)

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10 thoughts on “Louisiana March 15, 2012 Social Security Workers Win Lawsuit For Injury From Moldy Building; March 13, 2012 The Lies Play On For California Injured Social Security Workers

  1. I am totally disgusted at the courts whom are supposed to represent justice and don’t. Those whom do this should be removed from their positions and be tried for crimes against humanity. Thousands of people are suffering because of the lies told by Mr. Kelman and the judges whom are sell outs to him, his lies and false science.

    Thank you Sharon for your work to get us all justice and all the sacrifices you have made for us.

  2. I want to know why more people are not outraged by this. Why isn’t there an army of support for Sharon Kramer instead of the very few I see that speak up and comment on this situation. This is not just a California problem and it’s not limited to the United States. There are people DYING all over the world from the government and doctors lying to people about why they are ill. It is more profitable to treat the never-ending symptoms and have a life-long customer than to make a person well. What are we going to do about it? What can we do about it?

    • Excellent question, Heather. People must not get it, even though it is very simple. 1. I blew a whistle on how it became a fraud in policy that it was scientifically proven moldy building do not harm for the purpose of misleading the courts.

      2. Kelman sued me for libel for the words, “alterded his under oath statements” in the writing.

      3. The courts made my writing appear that I had falsely accused Kelman of getting caught lying about being paid to author the ACOEM mold statement by my used of that phrase.

      4. My writing is absolutely correct. It accurately states he was paid to author the US Chamber mold statement.

      5. Kelman committed criminal perjury to establish a manufactured theme for malice. He claimed he was a great expert who gave a malice causing testimony in my lawsuit with my insurer in 2002/2003, that caused be to be furious the science conflicted with my dreams of a remodeled home.

      6. He never even gave the testimony he claimed in my lawsuit and I got approx. a half a million dollar settlment. There was zero evidence I was even remotely unhappy with is involvement in my mold litigation – because I wasn’t. It was shortly after he was deposed and the defense saw they had no defense that they settled with us.

      7. I was just incarcerated for refusing to sign a fraudulent document that stated I don’t believe Kelman committed perjury. Hell Yes HE DID! To establish needed reason for malice when trying to shut me up of the fraud.

      8. I was then given a fasle Sheriff Dept record that I was incarcerated for violating a civil contempt of court order. Nope. What they were trying to coerce me into in perjury to sign had nothing to do with the contempt order.

      9. In other words, Kelman, his attorney and the court framed me for libel as the suppressed the evidence Kelman committed perjury while knowing by doing so, they were aiding the fraud to continue. Then they unlawfully incarcerated me for refusing to commit perjury and falsified a sheriff dept record to conceal it.

      10. What’s more, this judge does not even have jurisdiction because the judgement document from the first libel suit that is the sole foundation for this second one is fraudulent. It doesn’t make the jury verdict (I prevailed over Veritox). It doesn’t match the abstract of judgement that was entered by the same attorney.

      11. When a judge is acting without subject matter jurisdiction, he is flying without a net. Its no different than is a thug locked someone up for refusing to be coerced to defraud. He has NO JUDICIAL IMMUNUTY.

      WAKE UP PEOPLE! The courts in my case have been conspiring with Kelman and his attorney to defraud the public by CRIMINAL means while this fraud continues to harm thousands. And there are some BIG NAME justices invovled – as in those who run the judicial branch of California.

      ITS CRIMINAL CONSPIRACY TO DEFRAUD.

    • Because we live in a world full of greedy socio & psychopathic people who are incapable of caring about anything or anyone but themselves! And people are too afraid to stand up to these bullies in fear that they will be their next target!

      • You’re welcome. That was really stupid to incarcerate me for refusing to be coerced into perjury, which my signature would have absolved seven years of the courts’ shielding Kelman for committing criminal perjury to establish manufactured reeason for malice – and then give me a false sheriff dept record to conceal it what the court, with no jurisdiction had me jailed for refusing to commit perjury.

        They can’t keep this up forever. Its just a matter of time.

      • To clarify. Kelman is not a medical doctor. He holds a PhD in vetrinary science. His history is doing toxicology studies for Battelle Labs on cigarettes, etc. He is a long time expert defense witness in toxic torts. His entire schtich is to say “you can’t prove something caused illness”. Yet, he turned around and prfessed he prove the toxins of molds could never cause illness. I wish people would WAKE UP. I have this guy for committing criminal perjury as a plaintiff in a litigation and the courts shielding him while knowing they were aiding the fraud to continue. Then incarcerating me when I refused commit perjury and collude to defraud with them.

        PEOPLE this is called CRIMINAL CONSPIRACY TO DEFRAUD INVOVLING JUDGES.

  3. I, too, feel violated by the system and thank Sharon Kramer for everything she has done for so many who are suffering from the effects of toxic mold exposure. I commend the Louisiana court for doing what is right & condemn the California courts for their ongoing fraud, lies & cover-up! Kelman, his lawyer & all the judges who have played a role in the fraud, lies & cover-up of the harmful effects of toxic mold exposure, along with the US Chamber & the ACOEM, need to be held accountable for their wrongdoing! And for directly & indirectly, purposefully, putting people in harms way, causing, for many, severe & chronic illnesses, even death!

    I have lost almost everything because of toxic mold exposure & the system has done nothing but make my nightmare a living hell! I wouldn’t wish this on anyone! ~Dana Toliver

  4. The time to hold Dr. Kelman accountable is now. His so called expert testimony is now starting to fall apart as the World Health Organization and others shine the light on the darkness he has created. While authoring a story such as Harry Potter does little harm and creates wealth. The story written by Kelman has injured many and destroyed countless lifes. I think it is clear that Kelman gave up being a doctor long ago to become a defense witness. His postion on injuries resulting from mold were funded by the very businesses he seeks to protect as he roams from court to court inserting his corporate bought dought.

  5. Thank you Sharon for all the sacrifices you and your family have faced all these years because you fought for the rights of people all over the country that have suffered illness from water damage/indoor mold. The discrimination the sick have had to endure because some in power don’t want the truth to come out regarding this illness

    How is it possible that this has continued for so long while more and more families wait for this to play out? We have rights, and I have felt so violated by the system that is suppose to protect us –not hurt us. Linda Delp

  6. I commend Sharon Kramer for her unrelenting dedication to seeking the truth and justice for all of us who have been sickened by mold. Justice in this case will far exceed compensation for the victims.. There will be no justice until the perpetrators of these crimes of lying and intentionally hiding the dangers of mold from the public are held accountable. Justice is a right of all citizens in this country and it is obvious that this court has not upheld their duty to provide that justice for Sharon and all of the people who have been injured by mold. The lies and corruption run deep in this court and those responsible must be held accountable..

    Sincerely, William Vanderbilt

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