At Guardian, we work with families and business owners to remove mold. When we work with business owners we inevitably talk about the legal ramifications of not dealing with the mold problem. Many business owners reference the fact that they haven’t heard or their corporate attorney didn’t find any cases where mold caused a liability cost to the employer. Well, now that has changed.
On February 24, a nine year long, embittered lawsuit was finally settled between 13 employees of the Wabash Valley Surgery and Eye Center and their employers, the Associated Physicians and Surgeons clinic (AP&S).
The lawsuit alleged problems with the building’s heating, ventilation, and air-conditioning systems (HVAC). These problems, along with other issues, instigated the growth of toxic molds, including stachybotrys chartarum, which releases mycotoxins that can cause over 37 temporary and lifelong illnesses such as memory loss, bleeding lungs, and depression.
The lawsuit began when AP&S refused to release information regarding the indoor air quality of the building. Employees were suffering from symptoms, including “out of control asthma,” and needed this information at the behest of their doctors.
Later, the lawsuit only sought payment for medical bills, sick time, and to fix the building. But with no agreement reached, the lawsuit escalated in scope as time passed.
The lawsuit dragged on for nine years as attorney’s fees stacked up and the stakes continued to rise. Three of the victims dropped out of the lawsuit. During a mediation, before the case went back to trial, the court set aside a month for the case. Both sides geared up for a huge fight with high profile testimonials ready to be given by mold experts and doctors.
But, a resolution was finally reached during mediation. Both the employers, AP&S, and the building designer, Artekna Design, agreed to pay between $1 million to $1.5 million to the victims and for insurance liens. Neither side is happy with the resolution, but both are satisfied that it is over.
Building owners and employers need to take responsibility for mold growth that affects building occupants to avoid situations like this where the only real winners are the lawyers.
But mold remediation does not have to be expensive and time-consuming. We uses scientific expertise and breakthrough technology to safely, easily, and inexpensively remove mold with the TM-100 enzyme. Make sure that if your business has mold that you work with a mold removal specialist, like Guardian, so you can avoid costly litigation.
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