Mold Consulting Services & Litigation Support

 

Skalsky & Associates is a leader in providing expert consultation and guidance to assist law firms with litigation involving mold or other moisture related organisms.  Skalsky & Associates has over 20 years of experience dealing with complex mold claims. 

 

We have completed hundreds of mold investigations, developed mold removal plans and overseen the remediation of mold in hospitals, office buildings, medical clinics, public schools, public libraries and private residences.  We have provided expert witness testimony in over 50 mold litigations and provided consultation in over 500 more.

 

Skalsky & Associates is highly experienced in locating sources of water intrusion, identifying fungal growth, and assessing the consequences of fungal exposure.  When mold is discovered colonizing a building, we believe that as a matter of practice and as a matter of science that the specific species of the colonizing mold(s) needs to be identified.  Without knowing the specific identity of a colonizing species of mold, it is not possible to fully evaluate the potential hazards of mold exposure nor is it possible to achieve an indoor/outdoor comparison of airborne mold levels.

 

Excess moisture within buildings is a problem because it supports the growth of bacteria, fungi, and insects (i.e., dust mites).  These moisture related organisms can give rise to indoor allergens that can seriously impact the health of sensitive individuals.  Where allergy related claims have been made, Skalsky & Associates has monitored for moisture related allergens (Bla g 1, Der f 1 , Der p 1 etc.) within both private and public settings. 

 

To address the moisture intrusion dilemma, Skalsky & Associates has utilized the unique practice of moisture profiling to assist law firms in litigations to establish lateral and vertical extent of moisture migration.  We have found that moisture profiling will highlight the location/source of moisture intrusion and will often identify locations of hidden mold growth.  Whatever your needs for moisture and/or mold related problems, Skalsky & Associates can gather data to assess the resultant damage and provide expert consultation.

Moisture Profiling

Moisture profiling is a systematic evaluation of damp locations and should be included as a part of any mold investigation.  Moisture profiling is accomplished by utilizing handheld moisture meters and/or by infrared technology confirmed by moisture meter readings.

 

 

 

Our investigation of a newly constructed public building in Orange County revealed significant water intrusion at a number of locations along one of the building’s exterior walls.  As a means of documentation for trial, a moisture profile was created in the kitchen and the conference room using blue tape to highlight the travel of water and the potential location of resultant mold growth. 

 

Although the walls were wet, no mold was visible to the naked eye.  However, during remediation, significant hidden mold growth was observed at both locations.

Airborne Spore Monitoring & Indoor/Outdoor Comparison

It is generally agreed that exposure to mold spores in the outside air is a risk that we accept as a natural daily occurrence.  Investigators often use outdoor air as a baseline to compare with molds found in indoor air.  However, the indoor/outdoor comparison cannot be made unless the genera and species of the microorganisms found indoors and outdoors are identified.  Methods used to collect airborne spores must permit the isolated spores to be identified to the species level, which is only rarely done by other companies.  Skalsky & Associates believes that the lack of species identification leaves mold litigation vulnerable to attack by a motion for summary judgment, motions in limine, as well as at trial.

 

For over fifteen years, Skalsky & Associates has collected airborne spore samples using three collection techniques concurrently in order to obtain a proper identification.  We collect two samples for viable spores which can subsequently be speciated and one sample for total spores which can be identified to genera.  This more detailed practice provides three separate analyses for each sampling location.  More importantly however, this practice allows for the isolated spores to be identified to the species level so that indoor/outdoor comparisons can be made.

 

Skalsky & Associates has experience sampling in many atypical environments.  One of the most challenging was within the interior of an large active Neonatal Intensive Care Unit (NICU)

.

We sampled the air within the NICU, the hallways surrounding the NICU, the HVAC supply ducts, and the rooftop air where air was brought into the HVAC system that served the NICU area. Therefore, we were able to identify by species the spores within the NICU, the spors entering the NICU from the hallway and compare them to the spores present in the outside air before they entered the ventilation system.

 

During our first sampling within NICU, the infant’s heart rates increased as a result of the noise from the air sampling pumps.  Skalsky & Associates worked with the hospital to develop a comprehensive sampling plan to allow the NICU to function normally by sampling the air remotely.

 

Mold Remediation and Clearance Sampling

Skalsky & Associates has written mold removal specifications, provided oversight for mold removal operations, and completed mold clearance verification for hospitals, medical clinics, public schools, and private buildings as a part of our expert witness and litigation support services. 

 

For complex remediations, we believe mold removal should be based on the knowledge of the colonizing species present and subsequently, the species to be removed.  This will allow a removal specification to be written with targeted mold species that trigger the need for further remediation or re-cleaning.

 

In addition to visual observations, our clearance sampling procedures often include black cloth wipes, white cloth wipes and surface samples to assure proper mold remediation.

 

It is our practice that each clearance air sampling location includes two samples for viable spore analysis (so that mold species can be identified) and one sample for total spore analysis (for genera identification).  It is also our practice that morning and afternoon samples be collected at each sampling point. 

 

To determine if the air clearance criteria has been accomplished, inside containment samples are compared to samples collected from the air entering the containment (make-up air samples) and to samples collected from the building’s outside air.  Make-up air and outside air samples would be collected during the same time frame as sampling on the interior of containment.