Tuesday, September 17, 2002

Psychomycosis The Washington Post has published a lengthy article addressing the medical and scientific issues regarding "toxic mold" as the health hazard and cause du jour.  An excerpt: "But the impression that toxin-producing molds are rampant and more virulent than ordinary molds -- an impression created by some news reports and on the Internet, often on sites operated by companies that sell mold tests, cleanup systems or legal services -- is not supported by evidence. In fact, according to those who have studied the issue, there is little conclusive evidence that mold toxins in the home or office (as opposed to an overabundance of ordinary mold) can cause serious harm to humans."  *      *      * "'This is a fairly complex topic, so it is ripe for a bit of bamboozlery,' Robbins said. Cottage industries have sprung up overnight to test for and clean up toxic mold. She said newly minted 'mold consultants' are participating in what 'is like a huge hoax.'" "Bamboozlery" -- Now there is a gem worthy of Bill Safire. More: "'This is the classic progression of first the hype, then the fear and then the big awards,' said John Sweeney, a Baltimore lawyer with the firm Miles & Stockbridge who defends class actions and mass consolidations of toxic torts. He said that people often look for someone or something to blame for health problems with no known cause and that insurance companies don't always act swiftly and cooperatively when dealing with their clients' fears, even if they are unfounded. Also, jurors are naturally sympathetic to the notion that the home should be a place of safety and refuge." My current contribution to the lexicon: "psychomycosis" -- the unfounded belief that one has physical illnesses or symptoms attributable to mold exposure. 5:58:26 PM     Trial strategies A Wayne County Circuit judge has dismissed all claims by a plaintiff against the Ford Motor Company in a sexual harrassment case because she and her lawyers engaged in extensive out-of-court publicity about the case and some of its more unsavory facts.  (See this link as well.)  One of the defendants had been convicted of indecent exposure after exposing himself to three underage girls in 1995, but the court had ruled that that conviction could not be introduced into evidence at the trial, both because the conviction had been expunged and because it was found marginally relevant to the issues.  Undaunted, the plaintiff and her attorneys held interviews with the press and discussed the conviction and other facts about the case in detail.  The court found that they had engaged in a systematic and deliberate effort to undermine the defendants' position and to poison the jury pool, despite the fact that none of their actions were in any way illegal or contrary to any court order: "The behavior in question has been intentional, premeditated and intransigent.  It was designed to reach the farthest boundaries of the public consciousness." The attorney for the plaintiff has promised an appeal, stating: "Women have the right to talk about abuse. That's what this comes down to." The case: Maldonado v. Ford Motor Company 4:56:23 PM     More on the tobacco proposal George Weeks of the Detroit News weighs in on the tobacco initiative: ". . . Amending the Constitution with this proposal is not a wise way to reach that goal. Legislators and the governor, not a formula that is locked into the Constitution, should determine how public funds are appropriated each year. "Roger Martin, a spokesman for Citizens for a Healthy Michigan, said on public TV last weekend 'you can't always trust politicians' to make the right decisions. "Legislators and governors do indeed make mistakes -- as I believe they did in earmarking so much of the tobacco settlement money for college scholarships and other programs far afield from anti-smoking initiatives. But it's easier to correct mistakes through elected representatives in the legislative process than it is to undo a mistake written into the Constitution. "[The Healthy Michigan Foundation episode is] an example of cluttering the Constitution and using it as a budget document to allocate public funds outside of the appropriations process to private interests to spend as they see fit." My suggestion: A referendum declaring that Michigan declines to accept money from the tobacco companies and the damnable Tobacco Settlement.  Let us abrogate this pact with the devil once and for all. 8:27:38 AM

© Copyright 2002 Franco Castalone. Last update: 10/1/2002; 7:47:35 AM.