Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Former Environmental Protection Agency attorney Marla Brin visited doctor after doctor and underwent tests for Lyme disease, multiple sclerosis, and fibromyalgia before a doctor linked her muscle pain, mental confusion, and fatigue to “sick building syndrome” from possible toxins located within Waterside Mall, the former home of EPA headquarters, where Brin worked in the early 1990s. When Brin finally received the diagnosis and sued building owner S.E.W. Investors in 1998, a D.C. Superior Court judge ruled her suit was time-barred under a three-year statute of limitations. Earlier this month the D.C. Court of Appeals reversed the decision in a precedent-setting case, stating the clock didn’t start running under the discovery rule until Brin “received, or with the exercise of due diligence could have received, expert medical advice that the defective air quality was a plausible cause of her injuries,” according to the opinion from Senior Judge John Steadman. Brin’s attorney, Marc Fiedler of Koonz, McKenney, Johnson, DePaolis & Lightfoot, believes the case will have wide-ranging implications for toxic-tort cases involving not only sick buildings but also exposure to other toxins in the home or workplace that can cause conditions that are difficult to diagnose. More than 225 EPA employees reported burning eyes, headaches, or other symptoms to an EPA nurse shortly after renovations began at Waterside Mall in the late 1980s, according to a lawsuit from five other EPA employees that resulted in a $948,000 judgment from a Superior Court jury. Waterside Mall, at 401 M St. S.W., became one of the most well-known sick buildings in the 1990s, especially because it was the headquarters for the federal agency that establishes air-quality standards.
Brendan Smith can be contacted at [email protected].

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.