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A school mold lawsuit on behalf of six ill students, that lasted since 2001 is finally settled. But did the outcome seem fair? Send your comments for consideration, for publication.
9/5/2007
St. Charles East High mold lawsuit dismissed
http://www.dailyherald.com/story/?id=31437&src=5
By Harry Hitzeman | Daily Herald Staff
It took $28 million to fix the mold problem at St. Charles East High School.
But it could take less than $100,000 to pay off students who sued the school
district.
After six years, the legal tug of war over the mold infestation at the high
school is over.
Kane County Judge Michael Colwell dismissed a 2001 lawsuit after six former
students and District 303 reached a settlement.
The judge had the OK from attorneys on both sides to dismiss it "with
prejudice," meaning the plaintiffs, who claimed a variety of illnesses due
to the mold, can't bring their lawsuit back.
Robert Smyth, an attorney representing the district, said the settlement
could be finalized in three weeks, and the total paid by the district's
insurance company would be less than $100,000.
"The case is effectively dismissed," Smyth said, declining to elaborate on
the exact damages until the settlement is final. "The plaintiffs will
receive some money, but not what they were looking for."
Inspections in 2001 found mold growing behind walls because of problems with
the heating and air conditioning system.
The school was closed for 18 months and millions were spent to fix the
problem.
"This does close that book," Smyth said. "I don't think there's any
lingering issue surrounding the re-mediation of
2001."
The 2001 lawsuit originally had a combination of students, teachers and
cafeteria workers from the high school.
They argued their illnesses were caused by mold and the district failed to
address environmental concerns at the
school.
But the group shrunk when some were unable to prove mold at the school
resulted in their illnesses.
"The case is settled and done," said Craig Mielke, attorney for the
students.
He declined further comment Tuesday.
Superintendent Donald Schlomann, who came to the district this summer, said
the settlement means the district can move forward.
"Even if the insurance company pays it, the district still pays in the long
run with higher rates," Schlomann said of the
monetary amount to be paid to the plaintiffs. "It's hard to imagine a case
can be settled for that little amount of money and not have an understanding
there wasn't much substance there."
A district pay-out could have been a lot higher had the case gone to court
for a jury trial or was awarded class-action status.
But attempts failed in May 2004 at opening the lawsuit to the approximately
3,000 students and 350 staff who were
in the building with the mold growth.
In 1997, parents and teachers unsuccessfully pushed for testing of the
building, which was then St. Charles High School. Partial tests were done in
1998 and 1999.
Members of the school's air quality task force formally requested a
comprehensive room-by-room study for mold in January 1999 and again in May
2000.
Schlomann said the district now has policies for informing staff, parents
and students if mold is found in a building.
"We better understand air quality in the district. We better understand how
to deal with environmental issues.
Because of that, we have better policies in place," he said.
Said school board President Kathleen Hewell: "For everyone involved, we're
glad this is coming to an end."
----------------------------
Mold lawsuit ends after six years
Kane County Chronicle - Geneva,IL*
By KATE THAYER -
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http://www.kcchronicle.com/articles/2007/09/06/news/local/doc46df960f
d4858557435426.txt
ST. CHARLES – Years after students and teachers complained of health
problems from mold in St. Charles East High School, the district has
settled the legal battle, long after remedying the problem.
Last week, Circuit Judge Michael Colwell dismissed the case, and a
settlement is in the works between the St. Charles school district
and former students and teachers, according to court records.
Superintendent Don Schlomann said the district's insurance company
would pay a total of less than $100,000 to six defendants for health
problems that they incurred while attending St. Charles East High
School.
The district spent more than $29 million to rehab the school and rid
it of mold problems, school officials said.
The personal-injury lawsuits originally were filed in 2001 after
tests revealed high levels of mold and mold spores in the walls of
several classrooms at the school. Students, teachers and staff
complained of illness because of the mold levels, which gained
national news media attention.
Since then, the number of defendants dwindled and the lawsuits were
condensed into one. Colwell dismissed the case Aug. 31.
Craig Mielke, an attorney for the plaintiffs, declined comment
Wednesday.
"I think for the most part the community has already moved on,"
Schlomann said. "This is a chance for us to move on in the legal
system."
Schlomann added that the issue prompted better school policies.
"Some good things came out of this whole process," he said,
referring to air-quality procedures in the district, such as how
officials respond and who is contacted.
"We are very specific about who we notify, who we deal with in
issues of air quality," he said. "Those policies are unique to St.
Charles and much more preventative than most districts." |
