New Jersey Family to Sue School Over Sons’ Mold-related Sickness

A number of illnesses have been linked to exposure to toxic mold. While most people make sure their homes are free from mold buildup, the fact that children can be exposed to toxic mold at school is very alarming.

Cape May County Herald reported on March 13 that a mother has placed the local school district in Cape May County, New Jersey on notice of an intent to sue, claiming her two sons became very ill due to mold exposure while attending class. She alleged that the school district knew of the problem but did very little about it. Her kids were hospitalized for mold-related illnesses. She removed one of them from the school for homeschooling and intends to remove the other son. Both chi8ldren demonstrated symptoms as early as 2011.

In 2012, the school district remedied the mold found in the school buildings, but the students continued to become sick. A doctor sent a letter to the school in September of 2012, recommending the temporary removal of both children from the school for further testing, but the letter was ignored. The symptoms of one of the boys worsened in 2013. He showed symptoms of tunnel vision, memory loss and confusion, loss of peripheral vision, coughing, headaches, asthma, sinusitis, and skin rashes. His urine test for mycotoxins showed high levels of toxic mold. His doctor advised that the boy be removed from the school.

A letter dated Jan. 23, 2014 from a doctor at Children’s Hospital in Philadelphia confirmed the diagnosis of the boy’s physician. When the mother presented the information to the school district, her children were allowed to be removed after much difficulty.

She is seeking damages for her sons’ loss of quality of life and pain and suffering. Under the law, a civil lawsuit against a government entity may be filed six months after a notice of claim has been filed.

Illnesses Due to Mold Exposure

Not all people exposed to toxic mold mycotoxins become sick, but those who do suffer debilitating symptoms. In personal case arising from toxic mold exposure, the most difficult concern is establishing a causal link between an injury and exposure to mold, and it usually requires expert testimony.

In order for the boys’ mother to prove causation, she must show that the mold at the elementary school is toxic and may cause illness, and that it actually caused the boys’ particular illness. Establishing causal link or proving general and specific causation in this type of case is not as simple as it sounds, but an experienced personal injury attorney can help plaintiffs prove their claims and obtain compensation.

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