School board sued over contaminated air at middle school

CHARLESTON - The mother of a student at Andrew Jackson Middle School has filed a class action lawsuit against the Kanawha County Board of Education, claiming the air at the school in contaminated.

Angela D. Bashman filed the suit Oct. 1 in Kanawha Circuit Court against the school board and Superintendent Ronald Duerring. Bashman filed the suit on behalf of her daughter, Emily Paige Bashman, and others who have been in similar situations, since 1996.

According to the suit filed by Harry F. Bell Jr. and William L. Bands, Emily Bashman and others at Andrew Jackson Middle School, have been exposed to excessive levels of mold, dust and other unidentified contaminants, airborne and otherwise.

According to the Charleston Gazette, children and staff were ill at the end of September while state and local school officials said air tests indicated the school was safe for students.

Angela Bashman claims her daughter and others has suffered from an increase of serious health conditions, as well as flu-like symptoms, headaches, sore throats, diarrhea, hair loss, fatigue, skin rash, aggravation of asthma, upper respiratory or lung problems and/or hemorrhaging, seizures, vomiting, red eyes, inability to concentrate, shortness of breath, dizziness, attention deficit, memory loss, runny eyes, runny nose, throat irritation, coughing, sneezing, nose bleeds, liver damages, altered immune function, sensitivity to odors, dry cough, skin lesions, dry or itchy skin and rash.

According to the suit, those exposed need immediate treatment and medical monitoring, which includes medical screening and maintenance and operation of a medical registry and medical research program that generates medically useful health data on resulting and related illnesses for class members and facilitates early detection and proper diagnosis as well as appropriate treatment.

Bashman claims the suit is to represent former and current students and, where applicable, their parents and guardians, who are attending and who have attended AJMS from 1996 to 2008.

In the eight-count suit, the class seeks award for all court costs, medical monitoring costs and any other costs the court deems necessary.

The case has been assigned to Judge Louis Bloom.

Kanawha Circuit Court case number 08-C-1909