In one of the first toxic mold jury verdicts in the Northwest, a jury found in favor of Paul and Renee Haynes. The Haynes were awarded $498,418 for breach of contract as well as personal injury to Renee Haynes and sons Michael, 6, and Liam, 4.

The jury, which heard the case in Clackamas County, held on Friday, March 4, 2005 that Adair Homes Inc. of Beaverton, Oregon, was responsible for the injuries suffered by the Haynes family.

Apparently, Adair was responsible for improper construction that allowed toxic mold to thrive inside the Sandy, Oregon family's new home. The toxic mold apparently led to that family to have severe respiratory, digestive and other health problems.

From court papers, the children and their mother suffered from diarrhea, nausea, vomiting and respiratory problems after moving into the home. The jury found that these symptoms were caused by the toxic molds in the new home, whose drywall and insulation were installed while the frame was still wet. Those wet conditions allowed the mold to grow, experts said.

Kelly Vance, the family's attorney, stated that the verdict is significant because it holds construction companies responsible when they negligently build sick buildings.

Adair Homes, Inc. builds hundreds of residences each year in Oregon, Washington and Idaho for low and moderate-income customers. The company built the house on the Haynes family' s five-acre lot in early 2002. The family discovered the mold in the walls four months after moving in. Their symptoms had already set in by that time. After discovering the toxic mold, they called Adair Homes, which denied responsibility.

"The company said that the mold was not a problem, and that we should not worry about it so we stayed six weeks longer until my symptoms got even worse. We moved out after my face fell numb," said Renee Haynes. The family is living in its old home, on the same lot as the contaminated building.

At trial the evidence showed that there was standing water inside the wall cavities and in the crawl space for many months after construction was completed. Experts testified that this trapped moisture led to the growth of toxic mold.

The medical expert for the Haynes family confirmed through blood tests performed by two different doctors that Renee Haynes and Michael had mold antibodies in their blood. The presence of such antibodies indicates a significant exposure.

Several experts, including a medical doctor, occupational therapists and a clinical and neuropsychologist testified concerning the Haynes children's developmental and sensory integration disorders after moving into the Adair house.

The Haynes doctors and therapists all agreed that Liam and Michael's treatment would continue for several years. Michael's teacher testified that he was placed in a special disabled room at school and may need to remain there until at least junior high school. She expects Liam to suffer the same fate.

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