Enjuris Blog | Find Answers and Share Your Accident's Story

Finding answers after your accident

  • Find a Lawyer
  • Personal Injury Law
    • You’ve been hurt. Now what?
    • Do I have a claim?
    • Finding the best attorney to represent you
    • Dealing with Insurance
    • View all
  • Type of Case
    • Car accident
    • Workplace injury
    • Wrongful death
    • View all
  • Injury Guides
    • Spinal Cord/Column
    • Brain Injury
    • Occupational injuries
    • Whiplash
    • View all
  • State Guides
    • Arizona
    • Colorado
    • Florida
    • Georgia
    • Texas
    • View all
  • Resources
    • Blog
    • Tell Your Story
    • Forms and Worksheets
    • Partnership Opportunities
    • For Students
    • About Us
  • For Attorneys
  • Log in    Add firm
Home > Blog > My Accident Story > Mold and Toxins in Apartment – Do I Have a Case?

Mold and Toxins in Apartment – Do I Have a Case?

Contributor: Jennifer Kilgore How can I contribute?

Andrea’s Story

Why is nobody helping despite endless evidence of mold and toxins in Andrea’s apartment?

Andrea Pena, who lived at the Agave Villas in Irving, Texas, was delighted to receive a kitten for her birthday.

It was May 2017, and the kitten – Oliver – was only seven weeks old. He was very playful and active, romping around her apartment.

Weeks later, he was dead.

“Eventually Oliver became very fatigued, [with] a loss of appetite, and he was incoherent,” Andrea said. “I know his death is related to the same issues here now.”

Those “issues” would be related to part of her ceiling falling after a Time Warner technician was working in her attic. At first just the corner of a panel was exposed, but then gravity took hold and the entire section collapsed.

Her cat knew by instinct not to go near that area, and Andrea’s boyfriend, Jesus Gonzalez, put up plastic sheeting to cover the hole after cleaning up the mess of insulation. Andrea was in constant contact with her leasing manager, Maria Gomez, who worked for Legend Asset Management. This company is in charge of managing several Texas properties, Agave Villas included.

Both Andrea and Jesus noticed the odd discoloration on part of the insulation. However, they dismissed it initially as dirt and tried to make do with a sheet stapled to the ceiling.

Oliver passed away soon after. “Within two weeks he went from healthy to deathly sick,” Andrea said. The veterinarian said his health issues were undetermined, and they put him down on July 15, 2017.

That was only the beginning of the family’s sorrows. The hole was not repaired until the middle of August, leaving them with bits of insulation falling for the better part of a month with rising heat during the Texas summer. They tried to avoid it as best they could, but their bedrooms were atop the stairs – so every morning and evening, they passed directly underneath falling insulation.

One of his doctors asked if he had been exposed to black mold. Tweet this

Andrea’s daughter started experiencing allergies and having difficulty breathing. Andrea noticed a rash spreading on her skin (leading to open sores) and had her own bout of asthma. Jesus went to the emergency room in September because of chest pains, fatigue and shortness of breath. None of them had suffered from any of these symptoms before.

Jesus was admitted to the hospital and diagnosed with congestive heart failure and pneumonia; doctors could not say why he was experiencing those conditions, as he was a previously healthy 36-year-old man.

Then, one of his doctors asked if Jesus had been exposed to black mold.

“I answered ‘no,’ taking offense,” Andrea said. “I am a very clean person!” However, she started connecting the dots and realized that all of these symptoms had arisen following the opening of her ceiling. She began to do her own research and take pictures to send to her building manager, though she received unhelpful responses despite finding what looked like mold in several places – including the air vent. Even her neighbor and her two kids were suffering from the same symptoms, enough that Andrea offered up one of her air purifiers.

Determined to find answers on mold and landlord liability

Andrea contacted the City of Irving and Texas Health and Human Services, who sent out an inspector that advised her of tenants’ rights and said she did not think that the apartment was suitable for habitants without repairs.

When Legacy Asset’s building manager still failed to take action, Andrea insisted that HHS perform an air quality test. The results were shocking.

“A normal reading for good air – for me, with my health issues – is under 50. Our apartment read over 400,” she said. This included mold spores, pet dander, dust mites and more. “The main concern is our apartment tested high [for] levels of formaldehyde.”

Concerning levels for formaldehyde start at 0.1 ppm; meanwhile, Andrea’s apartment was 0.27 ppm. Anything above 0.1 can cause irritation of the respiratory tract, as well as other health issues.

Her family went from financially stable to barely making ends meet and applying for government assistance because of all the medical bills. They moved house after only nine months of living in the unit, abandoning $4,000 leather sofas and other possessions for fear of contaminating the new space. And they didn’t even get their $400 rental deposit back.

Her family went from financially stable to barely making ends meet because of all the medical bills. Tweet this

The scariest part is that Jesus is no longer able to work because of his health problems, and doctors found a spot on his lungs that is getting larger at a rapid click. Exposure to formaldehyde can cause significant lung issues, as well as cancer. He is currently waiting to see a toxicology clinic and an appointment with a pulmonologist.

No legal help for the mold and toxins – and still more questions

Despite approaching several attorneys, none has decided to take her case – there’s not enough money in it for them to make it worth their while.

“That’s kind of the part I don’t get,” Andrea said. “It’s affected us in a major way… I don’t understand really what else could have happened to us beside death… I really don’t think it’s just a coincidence [Jesus started] having lung problems and us just happening to come in contact with formaldehyde. We resided in that apartment for nine months. With the proof of exposure, I am finding it hard to believe nobody is interested in taking our case.”

Perhaps the attorneys fear the inevitable causation issue – were those health problems caused by the insulation? Was it really the formaldehyde that caused Jesus’ lung spot? Without spending more money and trying more tests, it will be difficult to establish a causal link. From an attorney’s perspective, not taking the case might make financial sense.

But what about from a human’s perspective?

Beside shining a light on this very large problem and hopefully getting someone to notice, Andrea seems left without options. Maybe a pro bono attorney with experience in this area can provide assistance. If you are able to help Andrea and her family, please contact us.

Other posts you might like...

Rear-End Car Accidents in Texas
Industrial Accidents in Texas
The Making of a Career in Law
Is Your Landlord Liable for Your Safety?

Comments

  1. Lavada says

    December 18, 2018 at 5:02 pm

    I am 72 years old have been in and out the hospital for mod got paper work that show its mod thats making me sick.

    Reply
    • Lance Buchanan says

      December 20, 2018 at 3:36 pm

      Thanks for commenting, Lavada. Unfortunately, we’re not a law firm, but we can help you find someone who can help. We invite you to use our free attorney directory to find a law firm near you: https://www.enjuris.com/personal-injury-law-firms/. Schedule an appointment with an attorney (the first meeting is usually free) and be sure to bring your paperwork. Best wishes and we hope you get well soon!

      Reply

Leave a Comment Cancel reply

Your email address will not be published. Required fields are marked *

Categories

  • News Stories
  • My Accident Story
  • Questions & Answers
  • Resources You'll Love

In Your State

AZCA CO FL GA TX

Attorney Authors

Enjuris Premier Members

Mack Babcock
The Babcock Law Firm, CO

George Lorenzo
Lorenzo & Lorenzo, FL

Neal Davis
Neal Davis Law Firm, TX

Ben Gerber
Gerber & Holder Law, GA

Peter Tragos
Tragos, Sartes & Tragos, FL

Contributor Members
  • Bert Louthian
  • Steven G Wigrizer
  • Terry Bryant
  • Jacob Emrani

Free E-Book

I've Been in a Car Accident...
What Happens Now?

Get Your Copy

Tags

accident claim bad faith lawsuit bicycle accidents brain injury California Car Accidents car seats children Colorado compensation cycling accidents damages Denver drunk driving accidents DWI Florida guest post Houston industrial accidents insurance company landlord liability law schools lawsuits liability medical malpractice motorcycle accidents negligence personal injury personal injury lawyers pharmaceutical liability premises liability product liability safety settlement statute of limitations students swimming accidents Tampa Texas tort toxic tort truck accidents women workers' compensation wrongful death

What is Enjuris™?

A collection of resources to help people at a tough time in their lives. A place to share your story. A national directory of injury lawyers. Supporter of students, families, caregivers and our communities. How can I contribute?


Hire the right lawyer

Lawyer Directory
Car accident attorneys
Defective product attorneys
Personal injury attorneys
Medical malpractice attorneys
Wrongful death attorneys

Premier Accident & Injury Lawyers

Tampa Personal Injury Attorneys
Lorenzo & Lorenzo (Tampa, Florida)
Tragos Sartes & Tragos (Clearwater, Florida)
The Babcock Law Firm (Denver, Colorado)
Gerber & Holder Law (Atlanta, Georgia)


Law students

Enjuris' Student Center is a resource for all pre-law college students and current law students. Learn how to get ahead in your studies and the career field, as well be a guest contributor to our blog and apply for one of our scholarships.


Partner with us

If your goal is to help people after an accident or injury – or to prevent them in the first place – we'd love to hear from you! We look to work with educators, healthcare and recovery organizations, insurance providers, law firms and other organizations. Get in touch to see how we can work together. Learn more...


Are you a personal injury lawyer?

Login Add your Firm Attorney Marketing

Contact us today to get involved.
Services for attorneys
Personal Injury Law Firms Directory
Directory guidelines
Law firm SEO quote
Terms of Use



SEO Advantage®, Inc.    SEOLegal Division    3690 West Gandy Blvd., Suite 444    Tampa, FL 33611    (888) 679-1214    Contact us today

Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. Read more about Enjuris.


Copyright © 2019 Enjuris.com. All rights reserved. Terms and conditions The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Our site and services are not substitutes for the advices or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you want legal advice. Read our full terms and conditions, privacy policy, and submission guidelines.

SEOLegal.com