July 30, 2018

S.F. Shipyard homeowners sue developer

Source: San Francisco Chronicle, July 25, 2018
Posted on: http://www.advisen.com

The developer of the former Hunters Point Naval Shipyard, already beleaguered by a cleanup scandal and slumping condominium sales, now has another problem to worry about: lawsuits by homeowners.

On Tuesday, attorneys for two families who bought homes in the Bayview district development in 2015 and 2016 filed lawsuits against both the developer and the environmental engineering firm accused of botching the cleanup of the Superfund site, which was home to the Naval Radiological Defense Laboratory from 1946 to 1969.

In the lawsuits, the homeowners, Theo Ellington and his wife Victoria Trusty, and Linda Parker Pennington and husband Greg Pennington, claim that developer FivePoint and property owner Lennar failed to disclose to prospective residents the extent of contamination of the property. They also claim the developer didn’t inform home buyers about allegations that Tetra Tech, the environmental engineering company that was paid more than $250 million for the cleanup, had faked soil samples in order to pass off parts of the shipyard as being less contaminated than they were.

The lawsuits state that the “defendants are all responsible for the loss of value in plaintiffs’ homes due to the continuing toxic nature of the Superfund and former nuclear testing site upon and near plaintiffs’ homes, and the ensuing health and other issues that waste has caused, is causing, and will continue to cause until it is remediated.”…

July 27, 2018

Toxins found in Upper Dublin drinking water; EPA holds forum to address concerns

Source: https://6abc.com, July 26, 2018
By: Vernon Odum

The tap water in Upper Dublin Township is widely believed by local residents to be dangerously contaminated by firefighting agents from military bases in this area of Montgomery County.

The acronym for the contaminating chemical in question is PFAS, which stands for Per- and Polyfluoroalkyl Substances.

According to the EPA’s website, the chemicals in PFAS are “very persistent in the environment and in the human body,” meaning they accumulate and stay in the body for a long period of time.

“This a Frankenstein’s monster kind of chemical,” said Upper Dublin Resident Mark Cuker. “It doesn’t break down when you drink it. It stays in your body and causes adverse health effects.”…

July 19, 2018

‘Toxic mold’ forces military families out of Keesler housing, lawsuit says

Source: https://www.sunherald.com, July 17, 2018
By: Anita Lee

Eleven military families are suing the companies that own and manage Keesler Air Force Base housing over “toxic mold” that continued to grow in their homes after the companies responded to complaints with inadequate remedies, including cleanup with soap and water, the lawsuits say.

Five of the families reported still living in the homes in West Falcon, Thrower Park and Bayridge subdivisions in Biloxi when the Rushing & Guice law firm filed the lawsuits in December 2017. Six other families say the mold drove them from their homes in West Falcon and Bayridge.

The three subdivisions were part of the largest housing construction project in Air Force history, with $287 million spent on more than 1,000 homes built after Hurricane Katrina. An article in the Sun Herald said keys were handed over in March 2010 to the last of the homes built by El Paso-based Hunt Building Construction.

Complaints about mold started as early as 2015, the lawsuits indicate…

July 16, 2018

Legionnaire’s Cases Reported in Washington Heights

Source: https://cooperator.com, July 16, 2018
By: David Chiu

Cooling Towers Have Been Linked to the Disease

The New York City Department of Health announced last week that it is investigating several cases of Legionnaire’s disease in the lower Washington Heights section of Manhattan. As of July 15, there were 16 people diagnosed with the condition in recent days, CBS2 News reported. The age range of those affected ranged from 40 to 80 years old.

“The Health Department has identified a cluster of Legionnaires disease in the Lower Washington Heights area,” Health Commissioner Dr. Mary T. Bassett said in a press statement. “While most people exposed to Legionella don’t get sick, individuals ages 50 and above, especially those who smoke and have chronic lung conditions, are at a higher risk. This disease is very treatable with antibiotics. I encourage anyone with symptoms of Legionnaires’ disease to seek care early.”

Legionnaire’s is a form of pneumonia, said the department, caused by the bacteria that grow in warm water. People become ill after breathing in water vapor that has the bacteria. It is not contagious and does not transmit from person to person.

July 10, 2018

Carson grilled about lead paint and mold in public housing

Source: http://www.watertowndailytimes.com, June 28, 2018

Housing and Urban Development Secretary Ben Carson was peppered with questions by lawmakers over the department’s handling of lead paint and mold in public housing, leading to a heated exchange over how to pay for fixing the issue.

At a House Financial Services Committee oversight hearing Wednesday, Rep. Nydia M. Velazquez, D-N.Y., quizzed Carson on the Trump administration’s fiscal 2019 funding request, which called for zeroing out the department’s public housing capital fund, a source used for repairs to public housing.

She raised the case of the New York City Housing Authority, which on June 11 entered into a $1.2 billion consent decree with the Justice Department over numerous living conditions issues, including for failing to meet federal lead safety requirements and to properly conduct inspections of housing facilities.

The agreement requires the appointment of a federal monitor for five years to oversee remediation and capital repairs, which Velazquez said didn’t square with the administration’s funding request.

“How were you expecting NYCHA to meet these terms and these upgrades when you requested zero dollars for the Public Housing Capital Fund for FY 2019?” Velazquez asked. “It is great that you are exercising proper oversight, but money talks.”…

December 21, 2017

Park La Brea apartments loses $3.5-million bedbug lawsuit, lawyer says

Source: http://www.advisen.com, December 17, 2017
Posted on: http://www.advisen.com

Sixteen former and current residents of one of Los Angeles’ largest apartment complexes have won a $3.5-million verdict over an infestation of bedbugs in their units, according to their lawyer.

Park La Brea Apartments, a sprawling complex with more than 4,000 units in the Miracle Mile District, was found liable by a jury in Los Angeles Superior Court late Friday afternoon, said attorney Brian Virag, who represented the plaintiffs.

A representative for Park La Brea Apartments could not be reached for comment Saturday.

The 16 renters who lived in eight separate units complained about the bedbugs from 2011 to 2013; Virag said management of the complex knew about the problem since 2008. Nearly all of the tenants have since moved out, he said.

“They failed to warn any of the tenants of the original problem,” said Virag, who specializes in bedbug problems at hotels and apartments.

Although the medical costs to treat the bedbug bites were only about $2,200, the attorney said the jury awarded the large sum due to the emotional distress caused.…

December 1, 2017

Legionnaire’s at Illinois Veterans Home

Read here about the third person at an Illinois veterans home who has recently contracted Legionnaires’ disease.…

September 25, 2017

NYC man dies of Legionnaires’ disease, 1 other sickened

Source: http://www.foxnews.com, September 21, 2017

A Queens resident is dead and another was sickened after they both contracted Legionnaires’ disease within a two-month period, prompting New York City health officials to investigate their apartment building’s plumbing.

The other residents of Park Towers, located on Queens Boulevard in Forest Hills, have been notified of the ongoing investigation.

“The Health Department is working with the building management to test the building’s hot water plumbing system,” a New York City Department of Health and Mental Hygiene spokesman said, according to NBC New York. “The building does not have a cooling tower. While the risk of infection to tenants is very low, as part of our protocol, the Department will notify residents about the investigation and next steps.”

While authorities did not identify either victim, they said the fatality involved an elderly resident.

“It makes my stomach sick,” Denise Innes, a building resident, told NBC New York. “I feel like I don’t know, I’m nervous now to use the water.”

In 2015, there were multiple clusters of Legionnaires’ disease in the Bronx. Twelve people died in the largest one, which was in the South Bronx.

Symptoms of Legionnaires’ can mimic the flu and present as cough, shortness of breath, fever, muscle aches and headaches. Symptoms typically begin two to 10 days after exposure, and could progress to lung failure or even death without treatment. According to the Centers for Disease Control and Prevention (CDC), about one out of every 10 Legionnaires’ patients will die due to complications form their illness.…

August 30, 2017

Lead-Based Paint Is a “Pollutant” within CGL Pollution Exclusion

Source: http://www.constructionrisk.com, August 2017
By: Kent Holland

Where lead-based paint was ingested by a tenant’s child, the tenant sued her landlord for injuries allegedly sustained by the child. The landlord tendered the claim to its commercial general liability (CGL) insurer who, instead of defending the case, filed a declaratory judgment action seeking a determination that the pollution exclusion of the CGL policy barred coverage for the alleged injuries. The Owner held that, although not specifically listed in the pollution definition as a “pollutant,” lead-based paint is, in fact, a “pollutant” within the meaning of the policy. The policy’s pollution exclusion was, therefore, applicable, and the insurer had no duty to defend and indemnify the landlord. See Georgia Farm Bureau Mut. Ins. Co. v. Smith, 298 Ga. 716, 784 S.E.2d 422 (2016).

The terms of the CGL policy required the insurer “to pay those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’” … “only if: (1) the ‘bodily injury’ or ‘property damage’ is caused by an ‘occurrence’ that takes place ….” An occurrence is defined as “an accident.” Coverage was subject to exclusions, including the pollution exclusion, which provided that the insurance does not apply to “(1) ‘[b]odily injury’ or ‘property damage’ arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of ‘pollutants’: (a) [a]t or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured.”…

May 10, 2017

Law firm says elevated levels of radioactivity found in four more Bridgeton homes

Source: http://www.stltoday.com, May 9,2 017
By: Bryce Gray

Months after a Bridgeton couple filed a lawsuit alleging that household dust and soil from their property contained elevated levels of radioactivity, the plaintiffs’ law firm said Monday that tests of four more homes show similar contamination.

All homes are about a half mile south of the West Lake Landfill, slated for cleanup through the Environmental Protection Agency’s Superfund program. The November lawsuit filed by Michael and Robbin Dailey of Bridgeton’s El Ferrol Court alleged that samples taken from the couple’s home matched the radioactive signature of the waste dumped in the landfill decades ago.

One of the new homes tested is also on El Ferrol Court. The other three are on nearby San Sevilla Court, elsewhere in the Spanish Village neighborhood.

Samples from all four allegedly show the presence of radioactive isotopes such as thorium, radium and lead that exceed naturally occurring levels. The newly tested households are still determining how to proceed — and whether to pursue litigation — after getting the results, said Winston Calvert, a spokesman for Hausfeld, the Washington-based law firm handling the Daileys’ case.

Calvert said that the firm has paid for area residences to get tested after being approached by individuals at community meetings. He said more test results are pending for other homes in both Bridgeton and near Coldwater Creek, regarding separate concerns of radioactive contamination.

“Our investigations of radiation contamination in the Bridgeton area will continue,” said Calvert. “We expect lab reports from other homes in the area soon.”…