Posted by Sharon Kramer on 6/16/10

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June 10, 2010

Dr. Lawrence Pitts Ms. Diane Griffiths Andrew Saxon, MD

Re: University of California’s name on “A Scientific View
of the Health Effects of
Mold” US Chamber ILR & Manhattan Institute CLP

Dear Dr. Pitts, Ms. Griffiths and Dr. Saxon,

Thank you for your reply letters of May 25th and May 28th
regarding my concerns of the University of California’s
name being misused by political action committees
(“PAC”) to mislead the courts in a manner favorable to
commerce and industry; and adverse to those who have been
injured, and the families of those who have died, from
exposure to microbe contaminants that are sometimes found
in water damaged buildings.

As the Regents and Dr. Saxon were informed in a prior
communication of April 28, 2010, the National Apartment
Association (“NAA PAC”) submitted an amicus curiae
brief into a legal proceeding in Arizona, the Abad Case, on
behalf of the property management company and their
insurer. To reiterate, this litigation involves two new
born infant deaths and an apartment building documented to
harbor an atypical amount of mold.

The matter is currently before an appellate court. Within
the amicus, the NAA PAC cited to the US (“Chamber”) ILR
paper that names Dr. Andrew Saxon of UCLA as a coauthor.
The NAA PAC attached the Chamber’s “Scientific View..”
carrying the University of California’s esteemed name as an
exhibit for the court’s eyes. I am not requesting the
Regents intercede into this, or any other litigation.

When referring to “A Scientific View..” in their amicus as
a definitive scientific reference, the NAA PAC stated on
page nine: “In a report entitled, ‘A Scientific View of the
Health Effects of Mold’, a panel of scientists, including
toxicologists and industrial hygienists stated that years of
intense study have failed to produce any causal connection
between exposure to indoor mold and adverse health
effects.’ U.S. Chamber of Commerce, A Scientific
View of the Health Effects of Mold (2003)”

Yet, when not submitting legal documents that bias the
courts to believe they should deny insurer liability
because science holds that mold does not harm and could not
cause infant mortality; and while misusing the University
of California’s influential name as implied as being in
agreement with this; the NAA PAC tells their members an
entirely different story as to why it is important to
properly maintain buildings to control potential
liability.

On May 19, 2010, the NAA PAC blogged to its members, “Mold,
Your Silent Enemy”. The blog makes the following conclusion:
“Remember, mold can cause major health problems and even
death. Don’t let it get out of control and affect your
company or your residents.”

As evidenced in my April 28th letter, Dr. Saxon has stated
in sworn testimony that he had no knowledge he was named as
a co-author of the Chamber’s “..Scientific View..”.
He has stated in sworn testimony that he had neither seen
nor read the paper as late as three years after its
publication. Neither he nor his affiliated university were
compensated for the authorship of Chamber paper like the
other stated authors were, who are the
owners of the corporation (“VeriTox”), Inc.

VeriTox is serving as the defense experts in the Abad Case.
The NAA PAC amicus citing to the Chamber’s “..Scientific
View..”, which carries the valuable resource of the
credible University of California’s name, is being used in
purported validation of the opinions VeriTox has rendered.

Two of the owners of VeriTox are Dr. Saxon’s co-authors of
the American College of Occupational and Environmental
Medicine, “Adverse Human Health Effects Associated
with Mold in the Indoor Environment”(2002) (“ACOEM Mold
Statement”). Dr. Saxon, Veritox and ACOEM were the subjects
of a 2007 front page Wall Street Journal (“WSJ”) expose’
for their conflicts of interest over the mold issue.

The questionable at best, purportedly scientific foundation
for the toxicity section of the ACOEM Mold Statement has
been used extensively to mass market the scientifically
void and bias instilling concept to the courts that, “..the
notion that toxic mold is an insidious secret killer as so
many trial lawyers and media would claim, is Junk Science
unsupported by actual scientific study.”. The WSJ expose’
was titled “Amid Suits Over Mold Experts Wear Two Hats,
Authors Of Science Papers Often Cited By The Defense
Also Help In Litigation.” Dr. Saxon and the Veritox owners
were the subject “Experts” of the WSJ expose’.

As such, it is highly unlikely that Dr. Saxon will request
that the good name of the University of California be
properly disassociated from the Chamber paper. To do so
would discredit his ACOEM co-authors, VeriTox, for
improperly placing the University of California name on the
Chamber paper to lend an air of credibility to their
writing, without Dr. Saxon’s knowledge. Discredit his co-
authors of the ACOEM Mold Statement, VeriTox, by exposing
them for what they did on behalf of the US Chamber of
Commerce while abusing the University of California’s good
name, and Dr. Saxon discredits himself by discrediting the
integrity of men he co-authored a key medico-legal
paper he relies upon when expert defense witnessing, the
ACOEM Mold Statement.

Therefore, it is highly unlikely that Dr. Saxon will take
measures to protect the University of California’s
reputation by requesting its good name be properly
disassociated from the Chamber publication. Lack of
integrity implied by close affiliation of publishing with
VeriTox for ACOEM; he cannot expose them for their
improper usage of the University of California name without
harming his own reputation, the reputation of the ACOEM
Mold Statement he co-authored and his own financial best
interests as a professional defense witness in mold
litigation. Evidence indicates that expert defense
witnessing in the mold issue has been a lucrative business
venture for Dr. Saxon.

To the best of my knowledge, Dr. Saxon has done nothing
wrong in this scenario other than remain silent about the
University of California’s good name being wrongfully
placed on the Chamber paper and possibly making a poor
choice of those with whom he chooses to co-author. However,
assurance of proper health advisories accurately
portrayed as legitimately coming from the University of
California; and protection from misapplication of the State
of California owned resource recognized to be of value in
litigations, the University of California’s influential
name, would assist to curtail the mass dissemination of dis-
information that is currently adversely impacting U.S.
public health policy.

Whether Dr. Saxon initiates the request or it comes from
the Regents themselves, it is imperative for the sake of
public health and safety that the stewards of the
University of California take corrective action to distance
the University’s esteemed name from the Chamber mold issue
publication of political and sectarian influence,
regardless of how it got there and why it has remained
there.

One good name, University of California, disassociated from
one unclean publication, “A Scientific View of the Health
Effects of Mold”, is all that is required of the Regents
for the sake of the public good. The NAA PAC amicus serves
to clearly illustrate why.

Please let me know how Dr. Saxon and the Regents intend to
proceed to rectify this serious problem that is adverse to
public interest and adverse to public trust of the
University of California; and what I may do to assist you.

Sincerely,
Mrs. Sharon Kramer

CC: UC President Yudof, Regent Chief Executive Officer
Gould, Regent General Counsel Robinson, Regent Vice
President of Ethics & Compliance Vacca, and Governor
Arnold Schwarzenegger, Regent Senior Counsel McDonald

Attached: NAA Blog “Mold, Your Silent Enemy”
NAA Amicus Curaie Brief, page nine
Conclusion of US Chamber ILR’s “Scientific View” listed
author, Dr. Saxon

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