August 5, 2009 Ms. Nancy Anne DeParle and Office of White House Health Reform Ms. Kathleen Sebelius Secretary of the Department of Health and Human Services Fax: (202) 456-3225 Dear Ms. DeParle and Ms. Sebelius, I was 8 years old in 1963 when President Kennedy was killed. I remember walking home from school that day and saying to myself, “When I grow up, I am going to ask what I can do for my country. Not what my country can do for me.” I did it. But it saddens me to write that I am more than disappointed with what I have received in return from the Democratic party. I have lost all faith in your healthcare reform. In October of 2001, I had watershed event in my life – a small leak in an icemaker line. Mold grew, the remediation company was not trained how to properly address, the lab falsely cleared the house and the insurer tried to run from the liability. It was a nightmare for our family. But we were luckier than most. We could afford to buy another home to live in and whether the storm of $80,000 in litigation expenses. The case settled in 2003 with our family receiving approximately $500,000 from the three parties. I could have walked away from the mold issue and gone on with life, but not in good conscience. During our experience, I became aware of thousands of families, school teachers, school children, office workers, biotech workers, military personnel and their families and those living on Indian reservations who were sick and could not just walk away. Knowing what they tried to do to my family, I, as an upper middle class, educated, natural born citizen, felt something needed to be done to help those less fortunate who could not communicate for themselves. If insurers could run us through such Hell, what were they doing to those less fortunate and less educated? I organized a Mold Awareness Week in DC in Sept of 2004. Congressman Conyers sponsored a caucus the same week. It was a horrible dog and pony show of people crying about how their lives have been ruined. Lip service came from DC of “I understand”. Yet nothing was done to actually help the thousands of sick people. On my own dime, I went to DC several times after that. I contacted my Senator, Barbara Boxer. I had to jump through a thousand hoops just to get to speak to them. Her legal counsel, Bettina Porier, told me to get documents together and they would look at them. I spent three months on a paper called “The Lies Behind The Toxic Mold Issue”. I put it on disc DETAILING the conflicts of interest that stifle the medical understanding on these illnesses. I took it to DC in June of 2005 and Ms. Porier accepted the dics - then basically said “Thank you for sharing”. I literally said, “I didn’t come here to share. What are you going to do about the situation?” She put me in touch with the Democratic Senate HELP Committee. They were skeptical that mold could really cause serious illness, but did listen. In January of 2006, I moderated a US Senate Democrat staff briefing over the mold issue sponsored by Senator Kennedy and Senator Jeffords. My panel was an immunologist, and microbiologist, an ENT and a biotoxin treating physician. We were a hit. But again, nothing happened to change the situation for thousands of sick people. I pushed, beg, pleaded and did anything I could to try and move the matter forward. In October of 2006, the Honorable Senator Kennedy requested a Federal GAO audit into the matter. (See attached) The following was in the original GAO audit request: In January of 2007, the Wall Street Journal ran a front page article over the issue. I worked with this reporter for six months on the article _title_d, “Amid Suits Over Mold Experts Wear Two Hats, Authors Of Science Papers Cited By The Defense Often Help In Litigation.” http://drcraner.com/images/suits_over_mold_WSJ.pdf The answer to the above question asked within the GAO audit request was in the Wall Street Journal article. The American College of Occupational and Environmental Medicine had legitimized a litigation defense argument and the US Chamber of Commerce, Institute for Legal Reform mass promoted that all claims of illness beyond allergy were simply a result of “trial lawyers, media and Junk Science”. How the ACOEM Mold Statement came to be: A Critique of the ACOEM Statement on Mold: Undisclosed Conflicts of Interest in the Creation of an “Evidence-_base_d” Statement http://drcraner.com/images/A%20Critique%20of%20the%20ACOEM%20 Statement%20on%20Mold.pdf How the US Chamber of Commerce Institute for Legal Reform spun it: The Growing Hazard of Mold Litigation http://www.uschamber.com/publications/reports/030717_ilr_mold.htm The same authors of the ACOEM Mold Statement – who had NO backgrounds in mold research, yet had professed to scientifically prove people could not be made ill from the toxins of mold by applying math to a SINGLE rodent study, also authored the paper for the US Chamber. This time they concluded, “Thus, the notion that “toxic mold” is an insidious, secret “killer,” as so many media reports and trial lawyers would claim, is “junk science” unsupported by actual scientific study. According to the under oath statements of Bruce Kelman, an author of both papers, the Chamber paper was specifically written to influence judges. But what they also did was systematically influence physicians that people claiming illness from mold beyond simple allergy were just liars and whiners out to scam their insurers. As a result, not only have people not been able to receive medical treatment for these illnesses, they have been treated like dirt from the medical community and within the courts. In February of 2007, the aspect of the GAO audit looking into the conflicts of interest of the matter was specifically deleted from the GAO audit request. This caused a very white bread report in Sept of 2008 that one could have written without a two year audit. Basically, “It’s plausible people are sick from the toxins of the situation. More research is needed.” NOTHING was done to stop the deceit of the mass promotion of misinformation by the Chamber of Commerce. Indoor Mold: Better Coordination of Research on Health Effects and More Consistent Guidance Would Improve Federal Efforts http://www.gao.gov/products/GAO-08-980 Not even a slap on the wrist for ACOEM, a group with a long history of being the medical frontmen of industry. ACOEM A Professional Organization In Service To Industry http://www.moldwarriors.com/SK/IJOEH_Oct07_LaDou.pdf “Doubt is Their Product, How Industry’s Assault On Science Threatens Your Health. By Dr. David Michaels refers to the Journal of ACOEM four times for their role in the wrongful denial of causation of illness. At the same time this was occurring, Governor Arnold Schwarzenegger, Senator Kennedy’s nephew, was tooting workers comp reform as the answer to save the state of California. He brought in ACOEM to write the workers comp guidelines for the state. Under State Senate Bill 899, it became the law of the land that physicians had to adhere to the rules established by ACOEM. This was backed by the Ca Chamber of Commerce and completely endorsed by the Ca Democratic party. http://www.russolawfirm.com/article001.html “Arnold Schwarzenegger's close ties with corporate California have been well documented. The president of the California Retailers Association was quoted in the L.A. Times praising the governor as the one who protects our business interests. (12/23/05) Schwarzenegger made workers' comp reform one of his top priorities in running for governor. That helped him raise money from the business community including the workers' compensation insurance carriers who saw an opportunity to cut benefits and thus increase their profits. The political storm reached hurricane force. The resulting legislation, Senate Bill 899, was signed into law on April 19, 2004. Many of its provisions took effect immediately. The Effect of SB899 SB899 dramatically altered the law of workers' compensation in California. It is now much more difficult to obtain medical treatment for a work-related injury due to the ability of insurance carriers to control treatment through their medical provider networks (MPNs) and to deny recommended treatment due to the adoption of very conservative treatment guidelines (ACOEM Guidelines). According to a recent report by the California Medical Association, the overall perspective is a program that is hostile to physicians and often harmful to the patients they serve (the complete report is available at www.cmanet.org/reports). Sixty-three percent of the physicians surveyed for the report indicated they intended to reduce or eliminate treatment for injured workers.” As it stands today, workers comp insurer profits in Ca are higher than the payout for injuries of workers –multi billions of dollars. As it stands today, Ca state disability insurance is in the hole -multi billions of dollars. The cost burden was simply shifted from insurers to the state. Yet NO ONE within the Democratic Party has lifted a finger to stop the deceit of ACOEM or the US Chamber and what they have done to US citizens over mold issue. In my travels to DC, I became acquainted with Robin Appleberry, General Counsel for Congressman Henry Waxman. She is a lovely woman, who really seems to care. I was sent to her by Senator Kennedy’s office as someone who might actually hold hearings into the conflicts of interest of ACOEM and the US Chamber over the mold issue. We brought her the broom of the wicked witch. We brought the names of several non-profits and unions from all across the country calling for hearings into the conflicts of interest. Although a sympathetic ear, again another Democratic leader did NOTHING. This is a video deposition of Bruce Kelman, literally laughing at the thought that Congressman Waxman would hold a hearing into the conflicts of interest of ACOEM and the US Chamber over the mold issue. He is literally laughing with the name of each non-profit or union name read. http://blip.tv/file/1179464 Ms. Appleberry has been sent this _link_ and many more regarding the matter. Congressman John Conyers holds himself out as a huge champion of the mold issue. If you call that office they will tell you they are working on a new bill and they are doing everything they can to help mold victims. Nothing could be further from the truth. They are always available for publicity over the issue but nothing more. They have not done one thing to help the mold victims since the publicized caucus of 2004 with Bianca Jaggar in attendance. I worked on a new bill with a staffer there who really did understand the matter, Mustafa Ali. He lost his fellowship shortly there after and the staffers pretend like they knew nothing of a new bill. (I have emails to confirm this – not just to me but to others from Cynthia Martin, Conyers’ chief of staff). Conyers also is chair of the Judiciary Committee. He was provided with documentation that the Department of Justice under Attorney General Alberto Gonzales was using the authors of ACOEM to defeat claims of illness in sick military families. The DOJ has paid this company, VeriTox, over $800,000 in expert witness fees since 2004. The big champion of the mold issue, Conyers did nothing. A short video of the matter: http://blip.tv/file/1179698 As it stands today, those that are being injured by mold beyond allergy and asthma are worse off than they were four years ago. While we have been able to get some attention on the matter, the allergy crowd has taken over the matter. They naysay effects beyond asthma and allergy but are more than willing to take government funding to study allergy. The seriously sick can STILL get no help. They STILL have nowhere to turn. Everyday I see the devastating effects this has on the lives of thousands of US citizens. Today, it is children of Katrina who have severe mental problems. No acknowledgement of the potential toxic effects from known neurotoxins. http://www.washingtontimes.com/news/2009/aug/04/mental-illness-tidal-... This was predicted to happen to these poor children back in 2005. It was so blatantly obvious where we were headed that I even spoofed the matter and posted it on spoof site in 2006. EVERYTHING in this spoof is true except the _title_ and the picture that the website added. http://www.unconfirmedsources.com/index.php?itemid=1648 “Through the University of Mississippi, research by ACAAI allergists is under way to determine if stress from Katrina plays any role in increasing the impact of mold. It is uncertain to this author if the focus of this stress research should be from Katrina itself, or the stress of having the medical community not educated to the well documented toxic effects produced by some molds. Either way, in the wake of Katrina with more people exposed to damp buildings, pre_script_ions of antidepressants and referrals to allergists are anticipated to increase. Because of mixed information, the number of mold cases currently clogging our courts are anticipated to grow - furthering the need for expert witnesses. Kevin Carstens, Moderator of Sickbuildings, a 1,700-member support group of average citizens, who, according to the ACAAI and AAAAI, are experiencing presumed debilitating mold illnesses - said, The CDC keeps saying more studies are needed to get a clear picture of the health effects related to mycotoxins. I am not aware of any new CDC initiated studies of the matter or even any tracking of these illnesses. Nor have I seen any warning to the public regarding the potential serious health effects of inhaling mycotoxins. I guess the burden of proof will fall on the children of New Orleans. Yesterday, it was the workers of a toxic brownfield in California who can get no help from anyone in our government for their illnesses beyond allergy. “Health complaints _link_ed to former NASA site in Downey” http://www.latimes.com/business/la-fi-ctdowney2- 2009aug02,0,5980999.story?page=4 Mold, dust cited By late 2004, film crews were at work inside Building 1, creating futuristic sets for The Island. The former aerospace hangar was still being renovated, and water leaked through the roof during that winter's torrential rains. Standing water accumulated, and mold was visible on the walls, workers recalled. In one of the rooms where we were shooting, there was this disgusting, moldy smell, recalled filmmaker Michael Bay, director of The Island. I could just tell there was something in the air. Dust was also a nuisance. Just outside the building, crews were digging trenches for electrical cables. Elsewhere on the site, grading was underway for a shopping center and a hospital. Clouds of dust blew into the studio building, film workers said. Steve Basile, a 53-year-old prop maker from Castaic who spent two months working on The Island, said he has suffered from shortness of breath, peeling skin and other ailments ever since. Sometimes I wake up choking in the middle of the night, he said. Dr. Richard Hyman, a board-certified internist and cardiologist, served as an independent physician in Basile's workers' compensation case. After examining Basile and reviewing his medical records, Hyman concluded in 2008 that working at Downey had aggravated his preexisting ear, nose and throat problems. Despite the finding, the insurer AIG denied Basile's workers' compensation claim. He is appealing. In response to workers' complaints, DreamWorks SKG, producer of The Island, brought in an environmental consulting firm, Mintie Corp., to assess the air quality in Building 1. In a memo to workers, DreamWorks said the tests found mold but at levels that would not affect healthy individuals. (DreamWorks executives declined to comment.) That was small comfort to Daniel Mustoe, a welder who built sets for The Island. He complained of flu symptoms that wouldn't go away and of difficulty breathing. Dr. Bruce Gillis, a medical toxicologist serving as an independent physician in his workers' compensation case, found that Mustoe had been permanently disabled by a fungal infection from mold at Downey. Gillis said blood tests showed that Mustoe was exposed to the same mold identified by Mintie Corp. in its air-quality tests. There is substantial medical evidence that 100% of this permanent disability was caused by working at Downey, Gillis wrote. AIG refused to authorize treatment, citing the opinion of another doctor who questioned the validity of the blood tests. Mustoe is appealing. IRG has responded vigorously to adverse publicity over the workers' claims. In 2005, it filed a libel suit against the International Alliance of Theatrical Stage Employees, contending that the union scared away business by falsely claiming in its newsletter that Downey Studios was unsafe. The union and its insurer paid $775,000 to settle the case. As a condition of the settlement, the union acknowledged that air-quality tests for mold and asbestos found that Building 1 was a clean and safe environment. Last August, Lichter filed another libel suit, this one against some of the injured workers and activist Vickie Travis, who has publicized their complaints on a website. Travis said the lawsuit, which is awaiting trial, was an attempt to intimidate me and to suppress our freedom of speech. Film production continues at Downey Studios, but at a slower pace than before. IRG executives have said they intend to scale back their film business and have proposed an $800-million development of shops, offices, restaurants and residential units on the site. Some of the film workers, meanwhile, remain in limbo, uncertain whether they will ever get disability benefits. Derek Norrbom, a welder who worked on The Island, still suffers shortness of breath, headaches, a cough and persistent fatigue. An independent physician found that Norrbom, 24, experienced an occupational upper respiratory injury as a direct result of working at Downey. Two insurers recently paid $35,000 to settle the case, Norrbom's family said. Norrbom's father, Bruce, 58, a film production foreman, takes five medications a day for nerve damage, joint pain, itching and rashes. Doctors disagreed on whether his symptoms were _link_ed to Downey, and AIG rejected his workers' compensation claim. He has appealed. Bruce's wife, Tammy, said her once-hard-driving husband, who supervised crews of 30 people on such productions as Independence Day and Alien Resurrection, can barely muster the energy to leave their home in Castaic. I just want my family back the way it was before, she said. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it The day before that and before that and before that it was military families whose children are forever devastated from the exposure. Army Wife: Ft. Bliss Homes Make Children Sick - News Story - KFOX El Paso http://www.kfoxtv.com/news/19584196/detail.html It was state health department employees dying. http://www.lasvegassun.com/news/2009/apr/22/lawsuit-health-district-o... inspect/ It’s young mothers being sent to prison for child abuse when mold is the cause. http://www.syracuse.com/news/index.ssf/2009/03/jury_reaches_partial_v... It’s Indian babies dying in HUD built housing. http://www.russellmeansfreedom.com/2009/supreme-court-ignores-mold-in... The ACOEM authors have been trying to silence me about the little feat of scientific magic they did to establish false public health policy that has been so devastating to many. They sued me for libel for the word “altered” in 2005. SEVEN San Diego judges and justices have been informed they committed perjury as to why I would have malice – a key element in libel law - and then tried to use this suit to force me to endorse their science. The Ca State Bar has been told. They do NOTHING. It has now cost me over $1,000,000 not to shut up because people need help and it is not coming from our government. I even have it on video. http://blip.tv/file/2063366 So my question is: Why should I believe in your healthcare reform? The Democrats have done NOTHING to help those thousands of US citizens severely injured by mold; even when handed the US Chamber of Commerce’ role in the wrongful denial of illness for the sake of insurers and employers, on silver platter. It is well known that this is the primary group that fights so hard to defeat your healthcare reform. To me this lack of action on the part of the Democrats to easily discredit an advisary of healthcare, makes no sense. Because of the situation, it now appears to me this healthcare reform is nothing more than the same game, same p_layer_s. Just a different day. I foolishly took the words of John F. Kennedy to heart when I was an eight year old child. I asked not what my country could do for me, but what I could do for my country. And I did what I could to no avail. But now I am asking: What is my country intending to do for those thousands that are seriously ill beyond asthma from exposure to molds in water damaged buildings? From what I am witnessing, not much is on the horizon other than clean up the buildings, no questions asked. My apologies for being so direct. But the truth is the truth and the truth needs to be said. This is not a retorical letter. I would like some answers and so would thousands of others.. Sincerely,