SFist reports (based on a City Star report) that

… a woman who received more than 400 bedbug bites during her stay at San Francisco’s Ramada Plaza Hotel has received $71,000 to settle her claim against the downtown hotel. The out-of court settlement is the largest ever paid to victims in similar bedbug-attack cases.

That’s four hundred bites in 3 days.

And she claims that the bites eventually caused two ongoing skin conditions: dermatographic urticaria, and steroid acne, which DermNet NZ claims can be caused by taking steroids.Similar Posts:

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The Sun reports that the Livingston Street Housing Court in Brooklyn is rumored to have had bed bugs. This is months after a story circulated about a prior alleged infestation at the 111 Centre Street Housing Court in Manhattan.

Back in April, the city held bed bug information seminars at six NYC Housing Courts in one week, including Livingston Street and Centre Street, leading one to wonder if this was done because bed bugs had already been found in the courts.

The article links this alleged infestation on Livingston Street to the fact that New York City Housing Courts are filling up with bed bug cases brought by tenants and landlords:

Lawyers who visited Brooklyn housing court were abuzz recently, when bed bugs were reportedly spotted inside a courtroom on Livingston Street.

A spokeswoman for the courts insists the courts are insect-free, but the claim came as attorneys for landlords and tenants said bed bug disputes are filling the docket in New York City courts. At stake are thousands of dollars, including the cost of extermination, destroyed property, and rent for infested apartments. The cases are also setting new precedents in the emerging field of beg-bug law.

It stands to reason that the courts are as vulnerable to infestation as any other public place, and maybe more vulnerable, considering the number of people with bed bugs who are bringing cases to court.

The Sun article also goes into detail about some landmark bed bug cases, such as Ludlow Properties vs. Young, and Mathias v. Accor. And one lawyer describes a current case:

One attorney, Steven Wagner, said he is currently handling a case for a client on the Upper West Side who moved out of his new apartment within 60 days because of bed bugs. The client, who was renting a three-bedroom apartment on West 92nd Street for $7,000 a month, learned shortly after moving in that apartments on adjacent floors were infested with bed bugs. Mr. Wagner said his client’s landlord assured him that there would be no problem, but then the client’s son was bitten in the middle of the night.

“My client feels as if they had been defrauded into even signing this lease,” Mr. Wagner said. “Had they known there were bed bugs in the building, they never would have signed the lease.”

We hear about similar cases all the time afflicting those on moderate or middle incomes, and many times, these folks can’t afford a lawsuit or a move to a non-infested home.

Mr. Wagner understood the ramifications of bed bugs in the New York rental market:

He speculated that bed bug cases could have a ripple effect in the real estate market. “I wonder if this is a new way of getting rid of tenants who are regulated,” he said.

You can read about more bed bug lawsuits here.Similar Posts:

• Rumor: bed bugs in Cincinnati courthouse

Richard Jebb, the first tenant of this building to sue the landlords, lost his case.

A second person, a former tenant, is suing the landlord of the rooming house at 23-25 Temple St. in Nashua, according to the Nashua Telegraph.

Capricia Osirus, a former tenant of 23-25 Temple St., filed a summons in Hillsborough County Superior Court in Nashua last month alleging that the owners of 23-25 Temple Street Realty LLC failed to correct a bedbug infestation in her unit for more than six months in 2007 and 2008.

She’s claiming she suffered “serious, severe, painful and permanent injuries” (presumably the bed bug bites) and that she will continue to be caused pain and suffering and loss of enjoyment of life in the future.

Osirus, “sustained serious, severe, painful and permanent injuries,” as a result of negligent handling of the bedbug infestation at the building, Sheppard wrote, adding that Osirus had been “caused and will be caused in the future to endure pain and suffering and loss of enjoyment of life.”

Your thoughts?
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• Family sues Chicago area Holiday Inn over bed bug infestation
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Diep Huynh and Oanh Nguyen, a Pennsauken, NJ couple who claim they got bed bugs from a new bedroom furniture set, won $49,000 in a jury trial.

Today a jury awarded the Pennsauken, N.J. couple $49,000 finding that the bedroom furniture they purchased at J.C. Penney in Cherry Hill was infested with bed bugs. “For months, they didn’t know what was causing all their problems and the itching. When they found out that it was the bed bugs, it’s kind of like, it freaks you out a little bit,” said Kevin Siegel, an attorney for the family.

The family bought the furniture back in May of 2006. It was delivered 3 months later in June. It included a chest, dresser and bed-frame with a headboard, costing about $1600.

The family says they were given no choice but to sue after the company agreed to pay to remove the furniture, and to exterminate their room.

But that apparently never happened.

Their lawyer was Kevin Siegel.

You can read the full article or watch the video of Jessica Borg’s news report from WPVI Philadelphia here.Similar Posts:

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This bed bug case has been pending for three years. And for a few reasons, it’s an interesting one.

The Los Angeles Times reports that Gloria and Robert Chisley claim they were bitten by bed bugs in the Barona Resort and Casino, in Lakeside, California (August 2005).

The case is interesting, first of all, because it concerns alleged events in a tribal resort/casino and so is being tried under the Barona tribe’s judicial system.

It’s also interesting because the resort and casino is claiming that the plaintiff had scabies, not bed bugs:

The tribe disputes Gloria Chisley’s contention that she was attacked by bedbugs at its hotel, suggesting instead that her marks were the result of scabies, a condition that would have taken weeks to develop before Chisley showed the marks to hotel employees.

Doctors who have examined Chisley are split on the cause of her marks — one saying bedbugs and two scabies.

Since many of us (especially a few years back, before bed bugs were as well known) were wrongly told by our doctors that we had scabies, I found this interesting.

I gather this is a less frequent occurrence today, as doctors are becoming more aware of the problem of bed bugs.

Incidentally, scabies can be tested for with skin scrapings. Apparently biopsies can also be done, in many cases, to verify a “bite” is from an insect. Neither test, from what I gather, is foolproof.

Scabies, untreated, will not go away. Bed bug bites, in the absence of bed bugs, will.

If the plaintiff was convinced by any of these doctors to undergo treatment for scabies, and at the same time, the couple were removed from the presence of bed bugs, when the condition cleared, it might be very hard to prove whether the scabies mite or bed bugs were the culprits.

And it isn’t clear from this LA Times article whether the couple saw bed bugs, or obtained bed bug samples.

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A Toronto man is suing a Winnipeg Howard Johnson’s motel, claiming he was bitten by bed bugs there.

CJOB in Manitoba reports,

A Toronto man has filed a civil suit against the Howard Johnson Hotel on Ellice Avenue alleging he caught a case of the bed bugs while rooming at the establishment.

Steven Lipson claims after a one-night stay at the hotel in January 2007 he developed welts and itchiness. Lipson alleges a dermatologist confirmed he was bitten by bed bugs. He is suing the Howard Johnson for damages claiming he suffered pain, embarrassment, and permanent scarring.

There isn’t much to chew on there, but we don’t often hear about Canadian bed bug lawsuits, so it does feel quite newsworthy.Similar Posts:

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Daniel Wise of the New York Law Journal reports that

In a ruling of first impression, a Manhattan judge has scratched a request for punitive damages in a bedbug case.

But the judge, Acting Supreme Court Justice Judith J. Gische, let go forward the negligence claims of two Maryland tourists for bites they sustained during a two-night stay at the theater district’s Milford Plaza.

The tourists, Debra Grogan and her adult daughter, Dana, are seeking $2 million in compensatory damages and an unspecified amount of punitive damages.

In rejecting their request for punitive damages, Justice Gische referred to a New York City Department of Health pamphlet in ruling that the two women had failed “to raise a triable issue of fact whether bedbugs are anything more than a nuisance.”

It’s important to understand that the plantiffs are still able to proceed with their claims for $2 million in compensatory damages for negligence. Only the request for punitive damages has been rejected.

What is interesting here is that in making this decision, the judge apparently cited the NYCDOMHH Bed Bug Fact Sheet, which asks and answers questions about bed bugs, and says:

ARE BED BUGS DANGEROUS?

Although bed bugs are a nuisance, they are not known to spread disease.

The plaintiff is suing the Milford Plaza and the Pest Control Operator with whom the Milford had a contract (PAC Extermination Services). The Grogans stayed in a room infested with bed bugs that was near two rooms treated for bed bugs less than a month earlier, but which was itself not treated:

Evidence in the case showed that three weeks before the Grogans’ stay, the hotel had asked PAC to exterminate bedbugs in two rooms near the room reserved by the Grogans. Work orders had been issued for rooms 1511 and 1512 on Dec. 22, 2002. The Grogans stayed in room 1540 from Jan. 17 to Jan. 19, 2003.

The Grogans’ argument is backed up by an entomologist’s testimony that bed bugs travel from room to room:

In support of their claims, the Grogans presented the affidavit of an expert in insects who teaches epidemiology and other courses at the University of Alabama School of Medicine.

(It’s worth noting that although bed bugs are not currently known to spread disease, they are still the subject of study by an entomologist who teaches epidemiology in a medical school.)

The entomologist, Robert J. Novak, reported that bedbugs can “easily” migrate from one room to another and that “proper eradication techniques” require inspection of “adjacent or contiguous rooms, or even rooms on several floors above and below” the floor where the pests had been spotted.

With the defendants having offered no affidavit to counter Dr. Novak’s assertions, Gische wrote, the Grogans had presented enough evidence that the hotel had “constructive notice” of the need to fumigate room 1540 to deny the defendants’ motion for summary judgment.

The case must go to trial, Gische ruled, because Novak’s affidavit “set forth genuine issues of fact about the life span of bedbugs, how they migrate and whether these factors should have been (or were) taken into consideration by the defendants in how rooms were treated following bedbug complaints by other guests.”

Even more interesting, this case may have ramifications for the ways PCOs treat for bed bugs.

PAC Extermination Services had argued that it should be released from the case because its obligations were limited to completing work in specifics rooms the hotel had asked to be fumigate.

But Gische said a jury must decide whether the exterminator’s duties were so “comprehensive and exclusive” that it had assumed a duty to keep rooms, other than those for which it received work orders, in “a reasonably safe condition.”

We often hear from PCOs who treat buildings that landlords will ask them to treat just the infested room or rooms, and will often refuse to have other adjacent units on the same or other floors inspected. I can only assume that many hotel managers will make the same request.

In such a case, it’s my understanding that PCOs have two choices: refuse the job (knowing some other PCO will be happy to do as the landlord asks), or do the job, knowing it is likely not enough. This is not an easy choice to make, by any means.

Depending on the court’s findings in this case, we may see a change in this. It may mean more PCOs refuse to treat under such circumstances, insisting instead that adjacent and nearby units are inspected and/or treated.

It could also have ramifications for the price of treatment, since it will doubtless lead to more litigation along the same lines.Similar Posts:

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This time it’s Cravath, Swaine, and Moore, according to legal tabloid Above the Law. Apparently Cravath are trying to one-up Cadwalader, Wickersham and Taft, who Above the Law claimed had bed bugs in June, and again in October.

Above the Law claims,

1. An email was sent around Cravath last week about the presence of bed bugs at the firm.
2. A few bedbugs were found on two floors, the 21st floor and the 41st floor, which are being fumigated.
3. Two employees had bedbugs in their apartments and told the firm, which caused the firm to investigate.
4. The 21st floor is a paralegal / administration floor, but the 41st floor is a litigation floor — which means that one of the two employees may be a lawyer.
6. Both of the employees are still with the firm (i.e., they have not been fired, like the poor soul at Cadwalader who, rumor has it, got canned after self-reporting).
7. The email about the bed bug problem was protected against forwarding or copying.

Apparently ATL did not do so well at math, as they left out #5. (I bet they billed for it anyway!)

But we’ll forgive them, since this is pretty juicy stuff they’re dishing.

Anyway, I would not blame those in the NYC legal profession for getting a bit nervous, seeing two of their bright stars come down with bed bugs. But let’s face it: any type of workplace or residence can become home to bed bugs.

Educating employees on what to watch out for, at home and at work, would be a good idea.

Here’s a hint: developing a workplace policy that says people who tell you they have bed bugs at home won’t get sacked might mean employees are more forthcoming.Similar Posts:

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More on the Nashua rooming-house mentioned in this story.

Richard Jebb of Nashua, New Hampshire, is suing his rooming-house, having had nine treatments in his room and still suffering from bed bugs, according to the Nashua Telegraph.

 On Tuesday, Jebb took his bug problem to Nashua District Court, suing his landlord, Mark Flint, and the owners of the building, 23-25 Temple Street Realty LLC, for interrupting the “quiet enjoyment” of his property by not eradicating the problem in a timely fashion.

The company faces a $1,000 a day penalty for every day of the violation, about $240,000 if it is proven the company was in violation of the law in June.

Sixteen units inspected showed signs of bed bugs earlier this month.

The bugs only come out at night, he said, remarking that tenants in the building talk about seeing the bugs on their television screens late at night, something he said he recently experienced.

It’s not uncommon, especially in SROs, rooming houses, and other low-income housing, that tenants are afraid to (or don’t know how to) demand help with the problem.

Although many tenants in the building are suffering with the problem, Jebb said not all of them are willing to speak up about it.

Thank goodness Jebb was willing to go to bat:

It is partly for the “little guy” that Jebb said he decided to put his rent money in escrow and fight the issue in court.

“If that’s what it takes to get this building under control for all these people.”

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The Jackson Citizen-Patriot reports that a family is suing the Storer YMCA camp in Napoleon Township, Michigan, claiming that their son brought bed bugs home with him from camp.

Edward Higgins, the defense lawyer, tried to kill the suit, claiming it’s impossible to know how and when bed bugs arrived in the home, but the judge did not dismiss the civil suit:

Circuit Judge John McBain said there’s no evidence the YMCA camp knew of the blood-sucking insects in 2005, but a jury or judge could decide whether officials should have suspected bugs and used routine pest control.

Higgins’ response?

“No one in the Midwest had a clue there were bedbugs here,” Higgins said. “Most people thought it was the subject of a nursery rhyme.”

The bed bug blame game is a difficult one to win, as Higgins knows. In most cases, we have to admit a lack of definitive evidence as to the source of an infestation.

On the other hand, whatever the climate in 2005, the days of denying responsibility because you never heard of bed bugs in your area are now kaput.

Nevertheless, detecting bed bugs is no picnic even when you are aware, as many Bedbuggers will attest.

And it is true that you have to be aware in order to detect them. Still, the article asserts that

While bedbug population has been on the rise in the United States in the last five years, it is not true that no one in the Midwest knew of their existence before that.

“Bedbugs and people have been together since we lived in caves,” Michigan State University entomologist Howard Russell said.

Bed bugs have been here all along: we keep hearing this. Many entomologists and PCOs will assert they saw bed bugs (albeit more rarely) throughout the golden years of 1972-1999 (after DDT was banned in the US but before the current epidemic “began”). And yet others date the resurgence of bed bugs to circa 1999.

On the other hand, Russell does not see a clear link in the YMCA infestation and the home infestation:

“I would argue it was a coincidence because bedbug populations are on the rise, and there are many sources,” Russell said. Also, only DNA testing could prove the bugs hitched a ride from Storer Camp to the plaintiff’s house, he said.

Now, about that DNA testing: does he mean testing the home bed bug’s DNA (against that of the bed bugs found at the camp?) Or does he mean testing the client’s DNA being compared with that found in blood eaten by bed bugs at camp? Even if it’s proven that the bed bugs at camp and the bed bugs at home are from the same strain, or bit the same boy, how would either test prove definitively that bed bugs did not travel in the other direction?

Yes, I know a lot of readers will be really frustrated with me. Of course he got bed bugs from the camp, people will say. The same way that when someone first notices bed bug bites after a trip to a hotel, or the purchase of a new mattress (delivered in a truck), they will assume they know the source of bed bugs. And make no mistake, these are all probable sources. But it is also true in these cases that bed bugs could have been present in the home–undetected–before the incident in question.

That’s why the blame game doesn’t usually work.

I’m not a lawyer, but it seems like more than probability is needed to win a lawsuit.*  Perhaps that kind of evidence is available to the judge and jury.

Not enough information is available from the article to call this a coincidence, nor to place blame. We don’t know what the kid saw or experienced at camp vs. at home. We don’t know if he was bitten at home first, or at camp. And even if we did, this moment (the first bite) is often hard or impossible to identify: it appears you can be bitten for months without reacting. People sometimes report a large number of bites appearing at once after many bites not causing an immediate reaction; entomologists who feed bed bugs have reported this occurrence.

Because bed bug bites are allergic reactions, and vary so widely, it is very hard to say when the cause is introduced, or removed.

*Update (3/10/2008):  a reader who happens to be a lawyer responded to my comment above that, “I’m not a lawyer, but it seems like more than probability is needed to win a lawsuit.”

Actually, the standard for a civil case is
“preponderance of the evidence” — more probable than
not — basically more than a 50% chance.

http://www.answers.com/topic/preponderance-of-evidence?cat=biz-fin

Thank you, anonymous lawyer, for that correction.Similar Posts:

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