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Family sues UO over mold
Maria Rosa Fabián Alvizo says exposure to high amounts of toxic mold in her University-owned apartment made her daughter sick
by Emily Smith | Freelance reporter |
Maria Rosa Fabián Alvizo said her daughter's life changed forever after she and her husband rented a University-owned apartment contaminated with mold. In March 2004, Fabián Alvizo, University law student Masi Heamish, her husband, and their daughter moved from student housing on campus to the University-owned Spencer View Apartments on Patterson Street At that time the couple's daughter, Trinidad Fabián Alvizo, was a healthy infant, but almost immediately after moving into Unit 220, her mother said, she became "incredibly sick."
She said when they found a large patch of black-colored mold on the wall in the corner of their bedroom and surrounding a window about a year after moving in, she was shocked - shocked enough to sue the University for $175,000 in damages
But an expert from the Oregon Department of Human Services said it's almost impossible for serious illness to result from exposure to mold.
The complaint filed in July 2006 by Kenneth Dobson, their lawyer, claims the University was negligent because it failed to discover and repair a two-foot crack on the exterior of the building that allowed water to leak into the wall cavity where mold was flourishing. In its answer to the complaint, dated Sept. 29, 2006, the University claimed the city's weatherization standards cited in the complaint don't apply to Spencer View Apartments and it denies responsibility for the plaintiffs' injuries. The University's attorney could not be reached for comment. The case is presently in the discovery process, with both sides collecting additional evidence, and Dobson expects a settlement.
Fabián Alvizo and Heamish took their daughter to the doctor three or four times a week as she developed pneumonia, bronchitis, sinus infections, ear infections and had difficulty gaining weight, Fabián Alvizo said. Trinidad's parents got sick, too. According to the complaint the couple filed against the University in Lane County Circuit Court, Heamish suffered from recurring respiratory infections, fatigue and had difficulty concentrating. Fabián Alvizo recalled having flu-like symptoms constantly.
She said when they found a large patch of black-colored mold on the wall in the corner of their bedroom and surrounding a window about a year after moving in, she was shocked - shocked enough to sue the University for $175,000 in damages
But an expert from the Oregon Department of Human Services said it's almost impossible for serious illness to result from exposure to mold.
The complaint filed in July 2006 by Kenneth Dobson, their lawyer, claims the University was negligent because it failed to discover and repair a two-foot crack on the exterior of the building that allowed water to leak into the wall cavity where mold was flourishing. In its answer to the complaint, dated Sept. 29, 2006, the University claimed the city's weatherization standards cited in the complaint don't apply to Spencer View Apartments and it denies responsibility for the plaintiffs' injuries. The University's attorney could not be reached for comment. The case is presently in the discovery process, with both sides collecting additional evidence, and Dobson expects a settlement.
Fabián Alvizo and Heamish took their daughter to the doctor three or four times a week as she developed pneumonia, bronchitis, sinus infections, ear infections and had difficulty gaining weight, Fabián Alvizo said. Trinidad's parents got sick, too. According to the complaint the couple filed against the University in Lane County Circuit Court, Heamish suffered from recurring respiratory infections, fatigue and had difficulty concentrating. Fabián Alvizo recalled having flu-like symptoms constantly.
Viewing Comments 1 - 3 of 3
dorothy b.
posted 11/16/06 @ 7:05 PM PST
Sounds like suing the university for a lot of bucks is what caused the mold,and especially the asthma.Check these people's citizenships,too. Remember the finger in the chile?? This is another finger in the mold. (Continued…)
Shelly
posted 1/18/08 @ 11:02 PM PST
I lived in the apartments at the same time with the same age child. He suffered moderate RSV and I agree that black mold through out the house made his infection more difficult to heal from. (Continued…)
Mold and Fear Seep Into a Department
posted 1/19/08 @ 11:20 AM PST
Recalls the University of Maryland incident in 2000 Chronicle of Higher Education (hyperlinked above).
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