by John P. Thomas
Well being Impression Information
That is the story of Sharon Kramer, mould warrior, brave fact teller, and compassionate pal to those that have been made sick by moldy buildings.
It’s a story about how scientists have been employed to organize two stories designed to show that long-term indoor mould publicity doesn’t hurt human well being, and the way judicial corruption has protected that defective science from being discredited.
It’s the story of how the authorized system has been used as a weapon to attempt to silence Sharon Kramer for telling the reality about judicial corruption in California and for speaking concerning the apply of toxicology specialists who testify in mould trials with out disclosing the truth that they wrote the place papers they use to help their testimony.
These are a couple of statements from the junk science reviews that toxicology consultants repeat in courtrooms throughout America. The Wall Road Journal introduced this info to mild in a entrance web page article in 2007.
The primary quote is from the 2002 place paper revealed by the American School of Occupational and Environmental Drugs, or ACOEM. The Wall Road Journal said:
The [ACOEM] paper stated “scientific proof doesn’t help the proposition that human well being has been adversely affected by inhaled mycotoxins within the residence, faculty, or workplace setting.”
The paper has develop into a key protection device wielded by builders, landlords and insurers in litigation. It has additionally been used to assuage fears of oldsters following discovery of mould in faculties. 
The Wall Road Journal (WSJ) recognized Veritox, Inc. because the recipient of funds for writing the junk science reviews. The identical WSJ article said:
The Manhattan Institute, a conservative assume tank, paid Veritox $40,000 to organize a lay model of the [ACOEM] paper. That model stated “the notion that ‘poisonous mould’ is an insidious, secret ‘killer,’ as so many media studies and trial legal professionals would declare, is ‘junk science’ unsupported by precise scientific research.”
Its authors have been the three writers of the longer [ACOEM] paper plus a fourth, who is also a principal at Veritox.
Legal professionals defending mould fits additionally cite a place paper from the American Academy of Allergy, Bronchial asthma and Immunology. This paper says it concurs with the ACOEM that it’s extremely unlikely sufficient mycotoxins might be inhaled to result in poisonous well being results. 
The Wall Road Journal established the truth that Veritox (previously GlobalTox) acquired cash from the Manhattan Institute to write down one of many articles that claimed indoor mould is innocent.
GlobalTox was already offering professional witnesses in courtroom proceedings defending companies in lawsuits filed by individuals who claimed to have been harmed by moldy buildings when the ACOEM and the Manhattan Institute articles have been written.
These similar GlobalTox scientists then used the articles they wrote to help their testimony in courtroom to show that their assessments have been legitimate. They did this with out disclosing the origin of the stories.
One of many authors of the 2 papers talked about above is Dr. Bruce Kelman, PhD.
He’s described because the president of Veritox. I’m highlighting his identify, as a result of he’s on the middle of a 14-year authorized battle with Sharon Kramer.
- 1 The Authorized Battle between Dr. Kelman and Sharon Kramer
- 2 Sharon Kramer is a Extremely Revered Fact Teller
- 3 Sharon Kramer’s Advocacy started with a Private Encounter with Mould
- 4 Mould Advocacy in Washington D.C.
- 5 Sharon Kramer turned An Casual Hub of Mould Info
- 6 The Phrases that led to Sharon Kramer being Sued for Libel
- 7 The 5 Phrases that turned the Foundation of the Libel Lawsuit
- 8 Dr. Kelman’s Supply to drop the Libel Regulation go well with
- 9 Movement Filed to Present the Libel Go well with was meant to Silence Sharon Kramer
- 10 The Libel Trial
- 11 The Verdict
- 12 This was Not the Finish of Sharon Kramer’s Authorized Battles – It was Solely the Starting
The Authorized Battle between Dr. Kelman and Sharon Kramer
This text will talk about the libel lawsuit filed by Dr. Kelman and GlobalTox towards Sharon Kramer, and the authorized proceedings which have unfolded since that point.
She was sued in 2005 for phrases she wrote in a public service announcement a few mould trial in Oregon by which Dr. Kelman testified as an skilled witness for the protection.
I shall be persevering with to inform Sharon Kramer’s story from the purpose the place the 2007 Wall Road Journal article left off. The WSJ article was written previous to the choice in Sharon Kramer’s libel trial.
I interviewed Sharon Kramer on January 30, 2019, and on February 12, 2019, to study her 14-year trek via the California courts.
Sharon Kramer has revealed many supply paperwork on the web about her state of affairs with Dr. Kelman, Veritox, and the California courtroom system.
She additionally offered me with hyperlinks to quite a few on-line paperwork and despatched me dozens of different supply paperwork to confirm the factors she described to me throughout our four hours of dialog.
The quotations from Sharon Kramer printed on this article have been taken from these conversations and from personal e-mail communication.
Sharon Kramer is a Extremely Revered Fact Teller
Dr. Scott McMahon, M.D., a colleague of Dr. Ritchie Shoemaker, M.D., (who is likely one of the world’s most well-known mould specialists), supplies the next description of Sharon Kramer.
These remarks preceded the publishing of a letter Sharon Kramer despatched to the U.S. Common Accountability Workplace (GAO), in January of this yr (2019) regarding their audit of mismanaged army housing (see Reuters investigation ).
Sharon Kramer’s letter is encouraging the GAO to increase the scope of their investigation to incorporate mould in army housing and to look at the conflicts of curiosity which might be resulting in retaliation towards residents who’re being sickened by moldy housing.
Dr. McMahon said:
Sharon Kramer … has been a staunch bulldog pursuing fact, at nice private value to herself, for properly over a decade.
She is a wrecking ball for justice and a bulldozer for many who have been harm by CIRS [ChronicInflammatoryResponseSyndrome)
She is a private inspiration to me and an unsung hero.
She is aware of issues that ought to make your pores and skin crawl… and she or he just isn’t afraid to talk them to individuals on the highest ranges of presidency and policy-making.
Sharon is a jewel and you may be amazed by what she has to say. 
Sharon Kramer’s Advocacy started with a Private Encounter with Mould
In 2001, Sharon Kramer abruptly observed a moldy odor in her residence. Investigation discovered that the water line to her ice maker was leaking and mould was rising within the space underneath and behind her fridge.
She contacted her householders insurance coverage firm and requested them to repair the water injury. After many delays from the insurance coverage firm, they ultimately despatched individuals to look at the injury, measure the mould within the air, and remediate (restore) the injury.
Her household left the house through the remediation, however Sharon Kramer continued to make use of her residence workplace. After her household returned to the house, everybody all of the sudden skilled nice problem respiration. After three days, they bailed out and moved to short-term housing.
The insurance coverage firm despatched somebody to measure the mould ranges within the house after they left and located that the mould ranges have been twice as excessive as they have been earlier than the remediation. The employees botched the job and contaminated your complete house and the whole lot in it with mould spores. The Kramers made no claims relating to mould toxicity, and they didn’t measure toxins.
She advised the insurance coverage firm she needed them to wash up the house. They provided her a $30,000 settlement. When Sharon Kramer and her husband refused, the insurance coverage firm sued them, and the Kramers countersued. The matter was settled and the Kramers acquired roughly $500,000 in 2003.
It was throughout these proceedings that Sharon Kramer met Dr. Bruce Kelman, the toxicologist who was employed by the insurance coverage firm’s lawyer to find out if the house was poisonous for Sharon Kramer’s eldest daughter who has cystic fibrosis and aspergillosis. In line with Sharon Kramer, that they had not claimed their daughter had been harmed by mould toxins.
Sharon Kramer indicated that Dr. Kelman not directly helped them obtain their giant monetary settlement. He precisely said in his report,
“A doctor with detailed information of the medical situation of the kid concerned have to be consulted for particular willpower of the security of this setting for this affected person.” 
Consequently, Sharon Kramer informed me that she had no animosity towards Dr. Kelman.
She bought her broken residence at a reduced worth and moved on together with her life.
Mould Advocacy in Washington D.C.
Sharon Kramer said:
As I used to be going by way of our litigation I began going on the web and there was a gaggle about sick buildings.
I discovered lots about mould and water-damaged buildings from that group. As I used to be collaborating, there have been all these individuals saying things like, “are you able to assist me I’m sick,” “My baby is sick,” We now have all these signs and no one is prepared to assist us.”
So I took my half million dollars minus lawyer charges and determined to go to Washington D.C. to boost this matter in Congress.
I used to be planning to stroll away from this concern, however earlier than I did, I used to be going to do one thing to provide again and cease this fraud that’s harming all these individuals.
In 2004, Sharon Kramer teamed up with Dr. Simone Summers they usually arrange a congressional caucus in Washington D.C.
There have been about 50 individuals who attended. They have been there a number of days and handed out info packets to all of the congressmen and senators explaining the issue with water-damaged buildings and the way individuals are being injured.
Sharon Kramer informed me that Congress didn’t act and authorities businesses continued to comply with the conclusions contained within the reviews written by GlobalTox.
Sharon Kramer turned An Casual Hub of Mould Info
Sharon Kramer returned to California and continued to advocate for the wants of mould injured individuals throughout America.
She was incessantly contacted by mold-injured individuals, physicians, and legal professionals. She shared the reality about mould associated sickness and the flawed science written within the GlobalTox stories.
I requested Sharon Kramer to explain herself and her mission. She said:
I’m an advocate for integrity in well being advertising. I’m making an attempt to knock out this junk science, in order that it can’t be used to hurt individuals in official authorities insurance policies, in doctor schooling supplies, and in courtroom.
In 2005, Sharon Kramer was given a transcript by attorneys who had dealt with a mould case in Arizona. The transcript contained testimony given by Dr. Kelman in that trial. Dr. Kelman had answered questions on his involvement within the creation of the GlobalTox reviews.
Sharon Kramer handed the transcript to a different advocate who handed it on to an lawyer in Oregon who was dealing with a mould damage case by which Dr. Kelman can be testifying.
The Oregon lawyer used the transcript to attract consideration to Dr. Kelman’s involvement within the creation of the GlobalTox studies, the change of cash concerned, and his potential battle of curiosity.
The 2005 Oregon case was determined in favor of the plaintiff. Sharon Kramer wrote a public service announcement and paid to have it revealed on the web.
The Phrases that led to Sharon Kramer being Sued for Libel
In a public service announcement concerning the outcomes of the Haynes verses Adair Houses trial in Oregon in 2005, Sharon Kramer said, partially:
4 months after shifting in and turning into ailing, the household found rampant mould progress contained in the partitions of their new residence. Dry wall and insulation have been put in whereas the body was moist from current heavy rains.
Proof introduced in the course of the trial proved there was standing water within the wall cavities and the crawl area lengthy after the development was accomplished. This led to the expansion of the toxigenic fungi.
Dr. Bruce Kelman of GlobalTox, a Washington based mostly environmental danger administration firm, testified as an professional witness for the protection, as he does in mould instances all through the nation.
Upon viewing paperwork introduced by the Haynes’ lawyer of Kelman’s prior testimony from a case in Arizona, Dr. Kelman altered his underneath oath statements on the witness stand.
He admitted the Manhattan Institute, a nationwide political think-tank, paid GlobalTox $40,000 to write down a place paper relating to the potential well being dangers of poisonous mould publicity.
Though a lot medical analysis finds in any other case, the controversial piece claims that it isn’t believable the varieties of sicknesses skilled by the Haynes household and reported by hundreds from throughout the US, could possibly be brought on by “poisonous mould” publicity in houses, faculties or workplace buildings. 
Learn your complete public service announcement:
Jury finds Poisonous Mould Harmed Oregon Household. Arbitration Clause Not Binding
The 5 Phrases that turned the Foundation of the Libel Lawsuit
The phrases that prompted Dr. Kelman and GlobalTox to sue Sharon Kramer are highlighted in daring within the earlier paragraph. The 5 phrases of concern have been “altered his beneath oath statements.” 
The libel lawsuit filed by Dr. Kelman and GlobalTox described how they consider the 5 phrase assertion affected them.
The lawsuit doc said partially:
Commencing on or about March 9, 2005, Defendants revealed and distributed written press releases that falsely implied that KELMAN and GLOBALTOX offered perjurious testimony in lawsuits and said that KELMAN, whereas working for GLOBALTOX, “altered his beneath oath statements” whereas testifying on the witness stand in an Oregon lawsuit.
Such statements are false, and are libelous on their face. They expose Plaintiffs to hatred, contempt, ridicule, and obloquy, and have a tendency to injure Plaintiffs of their enterprise, in that such statements accuse Plaintiffs of offering false testimony underneath oath, and interesting in dishonest and felony conduct. 
Sharon Kramer contends that in writing these phrases concerning the Haynes verses Adair Houses trial she didn’t say that Dr. Kelman dedicated perjury. She believes she merely noticed the move of his testimony and reported what she noticed in her public service announcement.
The road of questioning utilized by the lawyer for the Haynes household in Oregon revealed that Dr. Kelman was paid to put in writing the paper that he was now utilizing to show that indoor mould is innocent.
The Oregon jury understood the lawyer’s reasoning and determined the case in favor of the household with the mold-infested residence.
Dr. Kelman’s Supply to drop the Libel Regulation go well with
In a Deposition previous the precise libel trial, Dr. Kelman described what he needed from Sharon Kramer.
Dr. Kelman said:
…A retraction and an apology for the lies which were advised. 
Sharon Kramer’s lawyer requested Dr. Kelman:
Isn’t it right that what you need from Mrs. Kramer is for her to signal a written assertion through which she says, “To my information their testimony and recommendation are based mostly on their experience and goal understanding of the underlying scientific knowledge.” 
Dr Kelman responded:
“That retraction would work.” 
Sharon Kramer didn’t apologize. She didn’t comply with endorse Dr. Kelman’s science. She didn’t retract her unique assertion.
By this level she knew an excessive amount of concerning the scientific and medical fact of the risks of indoor mould in water-damaged buildings.
Movement Filed to Present the Libel Go well with was meant to Silence Sharon Kramer
In July of 2005, Sharon Kramer’s lawyer filed an anti-SLAPP movement (Strategic Lawsuit Towards Public Participation).
California’s anti-SLAPP regulation permits individuals to keep away from being sued if they will present that the intent of a authorized motion filed towards them was to silence them from utilizing their free speech proper in issues which are of public curiosity.
The movement was denied in September of 2005, and the choice was appealed. In November of 2006, the appellate courtroom denied the attraction.
The Appellate Courtroom determination was appealed to the California Supreme Courtroom, and in January of 2007, they denied the movement to reverse the appellate courtroom’s choice.
Sharon Kramer contends that the courts have been all suppressing the direct proof that Dr. Kelman was committing perjury by misstating his involvement within the mould litigation case involving her water-damaged house to make it seem that she had malice towards him.
The Libel Trial
Pretrial actions stretched out for 3 years earlier than the trial was held in 2008.
Quite a lot of unusual occasions started to unfold, a few of which have been a transparent menace to only remedy of Sharon Kramer.
Maybe any one of many occasions could possibly be merely labeled as “unlucky,” however the totality of the occasions and selections set the stage for calling into query whether or not Sharon Kramer was pretty and justly handled by the courts, and whether or not Dr. Kelman and GlobalTox have been by some means receiving preferential remedy.
Sharon Kramer advised me that in July 2008, Decide Orfield denied her movement for Abstract Judgment, then promptly retired. In August of 2008, Decide Lisa Schall stepped in because the trial decide, simply days earlier than the trial started. This broke judicial continuity.
Sharon Kramer defined that Decide Schall restricted the scope of the trial in such a means that she and her lawyer couldn’t current a full protection.
These have been the results:
- They have been prevented from introducing proof to elucidate the underlying points that may help Sharon Kramer’s declare that she was not responsible of libel.
- They have been prevented from discussing the scientific controversy within the ACOEM report and the Manhattan Institute/US Chamber of Commerce report, and explaining how these paperwork have been immediately associated to the cost of libel.
- They have been prevented from discussing how GlobalTox consultants use these studies in courtroom to advertise the false idea that that they had confirmed “poisonous mould” can’t attain a degree in water-damaged buildings to hurt anybody.
- They have been prevented from discussing numerous statements made by Dr. Kelman and his lawyer, which Sharon Kramer believed have been used to manufacture their claims of malice. When the case was ultimately appealed, Sharon Kramer ready an inventory of those statements made by Dr. Kelman and his lawyer and submitted them to the appellate courtroom, characterizing them as “perjury to fabricate malice.”
Based on Sharon Kramer, the lawyer for Dr. Kelman and GlobalTox wrote a set of directions to information the decision-making strategy of the jury. The foreman of the jury requested the decide in the event that they needed to comply with these directions precisely, and he was informed sure.
In accordance with Sharon Kramer there additionally was jury tampering.
Sure paperwork have been introduced into the jury room, which had not been launched in the course of the proceedings within the courtroom. The paperwork contained damaging descriptions of Sharon Kramer’s character.
The jury foreman and one different juror publicly disclosed this reality after the trial.
The jury discovered Sharon Kramer responsible of libel towards Dr. Kelman and never responsible on the libel cost filed by GlobalTox.
Dr. Kelman was awarded one greenback in damages.
This was Not the Finish of Sharon Kramer’s Authorized Battles – It was Solely the Starting
As shall be defined within the second a part of this text, there have been irregularities in the best way the courtroom wrote the ultimate verdict within the trial, which set in movement an extremely complicated set of authorized and monetary issues for Sharon Kramer which are nonetheless unfolding to this very day.
Due to the omissions and errors within the courtroom’s written documentation for the libel trial, the door has been opened to punishment and retaliation that has stretched out for greater than a decade — far past the one greenback in damages the jury awarded to Dr. Kelman.
In response to Sharon Kramer, Dr. Kelman was granted an inappropriately giant award of litigation-related prices related to prevailing over her within the Libel trial.
As well as, she has been subjected to civil contempt proceedings, time in jail, threats of damage, and even threatened with involuntary dedication to a psychological establishment all as a result of she won’t cease speaking concerning the paperwork ready by GlobalTox and the unjust means she has been handled within the California courtroom system.
Sharon Kramer will give the small print about all this and rather more within the remaining article about her 14-year battle as a whistleblower.
Sharon Kramer is constant her advocacy work and can be touring to Washington D.C. within the subsequent few weeks. She shall be encouraging U.S. legislators to deal with the delinquent conduct of army housing contractors who’ve been utilizing the junk science articles that have been ready by Veritox to keep away from finishing repairs to moldy army housing.
Their inactivity is making many army households significantly sick. 
Are You Affected by Persistent Inflammatory Response Syndrome? How Junk Science and Corrupt Judges Cover Mould Toxicity from the Public
Concerning the Writer
John P. Thomas is a well being author for Well being Influence Information. He holds a B.A. in Psychology from the College of Michigan, and a Grasp of Science in Public Well being (M.S.P.H.) from the Faculty of Public Well being, Division of Well being Administration, on the College of North Carolina at Chapel Hill.
References “Amid Fits Over Mould, Specialists Put on Two Hats,” David Armstrong, Wall Road Journal, January 10, 2007.  “Introducing Surviving Mould: Medical and Authorized Points in CIRS,” Dr. Ritchie Shoemaker, (letter from Sharon Kramer – January 2019).  Dr. Kelman’s report in regards to the toxicity of Sharon Kramer’s house.  “Jury finds Poisonous Mould Harmed Oregon Household. Arbitration Clause Not Binding,” Sharon Kramer, 03/09/2005.  Bruce Kelman and GlobalTox V. Sharon Kramer, Case Quantity GIN044539 North San Diego County Superior Courtroom. Sharon Kramer indicated that paperwork concerning the unique trial, “oddly don’t seem on the Superior Courtroom web site.” She stated, “Yow will discover a few of it on the appellate courtroom web site by looking my identify.”  “The TOXIC JUDGMENT, Veritox v. Kramer,” 10/four/2018, YouTube, starting at 2 hours 7 minutes.  “U.S. Marine households outgunned at residence by vermin, mould and landlords,” Deborah Nelson and M.B. Pell, A Reuters Investigation, 11/01/2018.
Revealed on March 13, 2019