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    Post: Letter to UC Re:UC name on Chamber Mold Publication

    Posted by Sharon Kramer on 6/16/10

    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

    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

    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.

    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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