L.A Judge Rules Neuropsychologist Qualified for Expert Testimony in $6M Landmark Toxic Mold Case
Judge Warren Ettinger, Los Angeles Superior Court, ruled that Dr. Juan Manuel Gutierrez, Ph.D., Board Certified neuropsychologist may offer his expert opinion that exposure to toxic mold was the cause of a Plaintiff's permanent brain injury.In the case of Dee v PCS (case # No.LC057263), Plaintiff Darcee Dee, a former resident of Mammoth Park Towers in Sherman Oaks, California -- billed as "Luxury Apartment Homes, Completely Renovated" -- has filed for damages in a suit in Los Angeles Superior Court.
The defendants PCS Property Management LLP and 8611 Venice Blvd. Corp are either owned directly or indirectly by another LLP, whose principle is local PCS Telecommunication's magnate, Joe Fryzer.
The defendants own and manage 40 other high end luxury apartment buildings in Beverly Hills and Los Angeles, promoted with the motto: "We don't just say it, we mean it.
Better Living. Better Life".Attorney for Ms. Dee, Scott B. Whitenack, Esq. (AKA Scott B.
Stubblefield) from Westlake Village, California, is a published trial lawyer on the issue of Broker Fraud. He stated that his client says she never got to enjoy the "better living, better life" as represented by PCS. Instead, what she got was permanent brain injuries from her exposure to toxic mold while residing at the "Luxury Mammoth Pak Towers."PCS Corp. has admitted that toxic mold was found in Ms. Dee's apartment.
PCS employee, Karen Mackie-Thaler, then ordered the maintenance supervisor to open the walls for "Destructive Testing" while Ms. Dee was still living in the apartment. The notorious Stachybotrys specie and other toxic molds harmful to Ms. Dee's health were found to be rampant.
Equally disturbing, PCS and Karen Mackie-Thaler represented to Ms.
Dee that the May 14, 2001 mold tests were inconclusive and further testing was needed. In reality, PCS and Karen Mackie-Thaler intentionally concealed from Ms. Dee the findings of Stachybotrys and other toxic molds at the subject property and never bothered to establish whether the destructive testing would be harmful to Ms. Dee's health.
There is also proof that PCS and Karen Mackie-Thaler concealed from Ms.
Dee further destructive testing was scheduled for June 1, 2001.Mr. Whitenack said the evidence proves that PCS failed to move Ms. Dee from the apartment even after PCS was told to do so by their own Vice President. It also proves that the ultimate decision to leave Ms. Dee unaware and in a dangerously contaminated environment was made by Paul Jennings.
Mr. Jennings is the co-owner and COO of PCS and affiliated entities.
Mr. Whitenack went on to state that Ms. Dee was seeking punitive damages to punish the defendants for willful misconduct, in addition to her claim for personal injury.
The total amount of the claim is over $6,000,000.00. In a precedent-setting decision, Mr. Whitenack stated that an important victory was won (for all US citizens) by the Court's ruling that Dr. Gutierrez, Ph.D. was qualified as an expert to testify that the cause of Ms.
Dee's brain injury stemmed from her exposure to toxic mold."During preliminary motions by insurance defense firms, they seek to deny the opinions of Plaintiffs' expert witnesses, thus preventing any testimony by the experts as to causation. The purpose of this maneuver is to defeat claims and reduce the amount of monies insurance companies have to pay, " said Mr. Whitenack." In my experience with mold cases, I have found that the defense expert's witnesses base their opinions on medical studies or position papers prepared or sponsored by quasi insurance defense funded organizations, that have intentionally failed to include a cross-section of the hundreds -- if not thousands -- of medical studies that support the complete opposite conclusions."Prior to this case, showing a direct causal connection between the exposure to toxic mold and the resultant injuries of victims has been a sticking point in numerous past cases.
For those affected, the tangled web of claims procedures can be a nightmare in itself.
Plaintiffs are required to submit to the "independent medical exam (IME)" performed by the physician of the defendant's choice.
This is true in both personal injury and workman compensation claim proceedings. Plaintiffs are then faced with the one sided, predetermined opinion: that their injuries were not caused by exposure to the mold.
Independent analysts have noted that the position of the defense hinge almost exclusively on the findings of two studies: The Institute Of Medicine's,
"Damp Indoor Spaces and Health" dated May 25, 2004 (IOM report) or the American College of Occupational and Environmental Medicine Position Paper released in 2002, (ACOEM report) or both.The IOM report recently came under fire in an earlier Press Release of January 27, 2005, entitled "Surgeon General's Office Issues Conflicting Message on "Toxic Mold". The (IOM Report) "failed to convey that the study was only charged to investigate allergic and non-infectious respiratory symptoms of fungal exposure, and that their findings never included examination of other serious symptoms."
The (IOM) study was sponsored at the request of the CDC after much public debate on the issue. The study was widely quoted in the popular press and has since been used in defense litigation in a case in Arizona where a woman was reported to have experienced severe injuries from mold exposure in a Phoenix apartment.
Mr. Whitenack further said that Dr. Gary Ordog, M.D. will testify on February 22, 2005 at 9 a.m. in Department "19" of the downtown Los Angeles Superior Court.
The court will determine at the request of the defense, if Dr. Ordog will qualify as an expert toxicologist and if he will be permitted to testify at time of trial.
Dr. Ordog is the medical director of the only independent Medical Toxicology program in California. His office of Medical Toxicology currently sees more patients than any other in the country with the diagnosis of toxicity.
He is currently the only facility in the county -- other than the military -- that offers a full diagnostic and treatment facility for those suffering from mold exposure. Dr. Ordog has recently come under much attack from the insurance defense industry, as he is one of several in the country that have been permitted to testify at hearings or in trials as to toxic mold claims. Mr. Whitenack finally stated that the insurance defense firms in this case would follow their same plan and scheme, and call their retained expert, Dr.
Marion Fedoruk, M.D. on February 24. Dr. Fedoruk is expected to testify consistent with his declaration -- that Plaintiff's injuries were not caused by the exposure of toxic mold -- again basing his opinions on the 2 controversial reports: (IOM report) and (ACOEM report).The 20-30 day jury trial is set to start on February 28, 2005 with the selection of jurors.For More Information, Contact:Scott B. Whitenack, Esq.Law Offices of Scott B.
Whitenack1014 S. Westlake Blvd. #14-104Westlake Village, Ca 91361(805) 495-6818 or (805) 768-1086Fax (805) 768-1355E-mail: e-mail protected from spam botsOr e-mail: e-mail protected from spam botsWeb: www.smartlegaladvice.com.
25 High Impact Marketing Strategies for Insurance Agents
Barrington, IL
October 4, 2004, Insurance Agent Tips announces "Kick it Up A Notch Marketing" - 25 High Impact Marketing Strategies for Insurance Agents, a new e-book available immediately. Co-authored by The Benefit Network and Guerilla Marketing Expert, Al Lautenslager, the book is available for immediate download from http://www.insuranceagenttips.com. The site also features tips on HSA's, cost effective web pages for insurance agents, and other marketing information for insurance agents. "With today's business environment and the need for more marketing, anything agents can do to get a leg up on their competition is to the benefit of their bottom line. These high impact strategies, once implemented, takes most to new levels of marketing and new levels of profitability," state Al Lautenslager, co-author of "Guerrilla Marketing in 30 Days" and certified guerrilla marketing coach.If your firm has an innovative...
Life insurance > 25 High Impact Marketing Strategies for Insurance Agents
Texas Group Health Insurance
Most people are generally covered under the group health plans provided by their own employer or by the spouse's employer. Whichever way, coverage provided under the group insurance programs not only serves to control the medical expenses of employees, but also provides them with the security and peace of mind, which goes a long way in ensuring their loyalty towards the company.
Group plans can be broadly classified under small employer plans and large employer group plans. Texas government has made some provisions for the small employer group plans in that they do have to have to cover state mandated benefits that are to be covered by the large employer companies.
It is also important to point out that it is not mandatory for the employers to provide group health coverage.
Also, the companies are not required to pay the premiums on behalf of their employees.
Small Employers Group Plans: To benefit from the small employers plans, the company...
Life insurance > Texas Group Health Insurance
Daniel Yasharel Earns Membership in MDRT'S Prestigious Top of the Table
PARK RIDGE, ILLINOIS (ContentDesk) February 26, 2004 -- Exceptional product knowledge and client service have elevated Daniel F. Yasharel, CLU, ChFC, CFP, of The AFP Group in Los Angeles, California to the Million Dollar Round Table's (MDRT) prestigious Top of the Table (TOT).Yasharel, a 3-year MDRT member, is a 1-time TOT qualifier. Achieving membership in MDRT's TOT is a distinguishing career milestone, attained only by those who have demonstrated exceptionalprofessional knowledge, client service and ethical conduct. Each year, approximately 1,000 MDRT members qualify for TOT, representing 4percent of the total MDRT membership.MDRT, the premier association of financial professionals, is an international, independent association of 28,000 of the world's best life insurance and financial services professionals from 74 nations and territories. MDRT members demonstrate exceptional product knowledge, strict ethical conduct and outstanding client service.
Regarded as business and...
Daniel Yasharel Earns Membership in MDRT'S Prestigious Top of the Table
Life insurance > Daniel Yasharel Earns Membership in MDRT'S Prestigious Top of the Table
The work-life balance
Balance. It's a nice word but the reality is hard to pin down. It may not even put us on the right track in our 21st century quest for fulfillment and happiness. In this article we will talk about the integration of work and family life, beginning not with the workplace and the employer's role in sorting things out, but with the person and her priorities.
Generally than people talk about work-life balance they mean the challenge of managing their family commitment when they've got children, while juggling the demands of a career. That's the traditional focus, but the concept has evolved quite a bit.
There are now many younger people in the workforce, in their late 20s and early 30s, who may not even have home or family but they want a sense of balance in their life.
Often we are thinking of some sort of perfection, where nothing is out of place, there's no stress, and this of course is unrealistic. It automatically means a trade-off between work and...
Life insurance > The work-life balance
Consumer Directed Health Plans
Most of you have heard about "consumer directed health plans". The Bush administration has been a strong supporter of this concept as a way to get a handle on soaring healthcare costs. The recent inaugeration of Mr. Bush signals that consumer directed health plans will increasingly make up a larger percentage of group medical plans over the next several years. In the past, consumer directed plan designs have taken on many forms: Medical Savings Accounts (MSAs), Flexible Spending Accounts (FSAs), Health Reimbursement Arrangements (HRAs) and Health Savings Accounts (HSAs).Many experts consider HRAs and HSAs to be the first generation of viable consumer directed health care products.
HRAs are typically paired with a high-deductible health plan and are employer-funded Section 105 defined contribution plans. HSAs are the latest version of consumer directed health care plans. The core components of HSAs include a high deductible insurance product and a cash spending account. HSAs combine...
Consumer Directed Health Plans
Life insurance > Consumer Directed Health Plans
What is Fraud
Fraud occurs when a person knowingly or intentionally conceals, misrepresents, and makes a false statement to either deny or obtain workers' compensation benefits or insurance coverage, or otherwise profit from the deceit. The key to conviction is proving in court that the misrepresentation or concealment occurred knowingly or intentionally. Premium fraud and benefit fraud are the most common types of workers compensation fraud. Premium fraud is usually committed by an employer who misrepresents the amount of payroll or classification of employees, or who attempts to avoid a higher insurance risk modifier by transferring employees to a new business entity rated as a lower risk category. Benefit fraud is usually committed by: a worker who works full time at an unreported job and draws benefits when he or she is supposed to be unable to work, or when a worker fakes an injury; a health care provider or attorney who assists the worker in fraudulent schemes, participates in double billing...
What is Fraud
Life insurance > What is Fraud
How to Reduce Car Insurance Premiums
Here are some useful tips on how to reduce car insurance premiums. Firstly, you need to find a sense of balance between coverage and cost. Apart from negotiating a good deal, there are some other things that you can do to further bring down your car insurance premium for example; Many insurers average yearly mileage at 12,000 miles. If you do not drive this amount, you can inform your insurer, thus resulting in a reduction in your premium. Park the car - Parking your car in a secure location such as a locked garage or a secure designated off road parking spot can potentially reduce your premiums.
Bulk buying - Most of the big insurance companies offer all forms of insurance such as home, life etc. You may receive a discount for buying multiple forms of insurance with the same company. Female drivers are statistically less prone to accidents. Women can avail their quotes from a firm that specialises in covering female drivers. Anti-theft alarm - Equip your car with electronic central...
How to Reduce Car Insurance Premiums
Life insurance > How to Reduce Car Insurance Premiums
Local Fire-Retardant Company Announces Insurance-Backed Warranty Protection From Mold
(ContentDesk) August 24, 2005 -- The tremendous growth in Missouri and Illinois continues to present new challenges for area fire and rescue departments. Advanced Fire Safety Inc. and No-Burn, Inc. are proud to offer the only insurance-backed mold warranty available. No-Burn? MIH products are dual action products proven to be effective against the potential of fires and inhibits the growth of black toxic mold.
No-Burn? warrants against black toxic mold growth for all new construction...
Life insurance
Life insurance > Local Fire-Retardant Company Announces Insurance-Backed Warranty Protection From Mold
Best Recipes: Raw Vegetable Smoothie
If you enjoy the taste of raw vegetables, then you'll love this Raw Vegetable Smoothie. The health benefits of raw vegetables are well known and many people enjoy drinking their raw vegetables just as much as eating them.This Raw Vegetable Smoothie has a wonderful twang to it because of the picante salsa. It's very flavorful and you will want to make this a regular staple of your raw foods diet.Raw Vegetable Smoothie
- 1 - 2 tablespoons fresh lemon juice OR balsamic vinegar
- 4 tablespoons...
Life insurance > Best Recipes: Raw Vegetable Smoothie
Basic Spyware Tips
Nowadays, it's a sad but true fact that spyware and adware programs are a far greater threat to your internet security than the dreaded computer viruses. Indeed, spyware, adware and other so-called malware (such as key loggers and trojan horses) actually constitute the biggest single online threat to your privacy and the security of your data.
It's also a major reason for system slowdowns on computers, as these types of programs generally use up precious system resources including...
Life insurance > Basic Spyware Tips
A Rookies Guide to Car Rentals
Renting a car can be a lot of fun, just plain fun. Car rentals offer the renter the opportunity to drive a car, truck or SUV that they normally would not or could not buy. Renting a car is for a weekend get away, to impress someone or just to have something different to drive for a couple of days are some of the most popular reasons to visit a rental company. However, as fun as it is to rent cars, there are some not so fun things that must happen before you drive it off the lot.
...
Life insurance > A Rookies Guide to Car Rentals
Selling Real Estate on eBay
Copyright 2005 MHG Consulting
Selling real estate over the internet may sound like an awkward idea. However, the exposure the real estate receives over such a widespread media like the internet is every realtor's dream.
Can eBay be used to market real estate? The answer is a resounding ?yes!'
eBay provides functionality that is clearly adaptable to the needs of most realtors. It provides a widespread medium of advertisement for the real estate. It is also...
Life insurance > Selling Real Estate on eBay
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