Lincoln Military Housing lawsuit to head to federal court

NORFOLK, Va. (WAVY) — A federal jury will decide the case of a family that claims mold in military housing made them sick. But for now, the case is on hold.

It happened in 2010, when the family says they lived at a Lincoln Military Housing complex in Norfolk.

The attorneys representing this family – also represent 18 other families.

They hope this family will be awarded between $3 million and $10 million in damages.

Depending on how the judge rules, the attorneys will decide how to move forward with the remaining 18 cases.

A day after a judge declared a mistrial in their case. The legal team for the family of Marine Gunnery Sergeant Joe Federico sits in what is affectionately referred to as the “war room.” They discussed what’s next.

“They’ve destroyed this family, and they’ve destroyed other families and we’re gonna continue fighting for them, they can’t outgun us,” Stephen Smith, one of the attorneys said.

This case dates back to 2010. That’s when the Federico family attorneys said they first saw mold and water damage. The family claims it happened at Lincoln Military Housing in Norfolk.

Mrs. Federico had multiple allergic reactions and her husband Gunnery Sergeant Federico has suffered mental setbacks.

“There was a time where he couldn’t remember where to stop to go home,” attorney David Holt said. “They had to put a flag out, outside their home, a Marine Corps flag outside their home for him to remember where to pull his car in.”

Lincoln Military housing sent 10 On Your Side this statement:

Statement of Lincoln Military Housing on Recent Court Proceedings:
“We strongly deny these allegations and are eager to present the true facts in court. Of the many claims they asserted, all have been dismissed other than one based on alleged violations of the Virginia Building Code. The plaintiffs cannot prove any violation of the Code. The plaintiffs also have no proof that there was mold in the home when they lived there. In addition, they have been unable to link any claimed medical condition to the residence. In fact, the court already excluded the expert witness plaintiffs offered in support of this claim. All of the other cases have been stayed, abandoned, dismissed or settled.”

Wednesday night jury selection at the Federal Courthouse wrapped up. During the selection both sides claim the other disrupted jury process.

Lincoln Military Housing said the attorneys for the Federico family already had tried to stall the case. The Federico family’s attorneys said the defendants tried to unconstitutionally strike jurors

Either way, the judge declared a mistrial. For now the transcript of that is sealed.

“What’s next is the court, we requested the court to allow us to file a motion of sanctions on Lincoln misconduct,” Smith said.

Lincoln Military Housing’s counsel told 10 On Your Side there are around eight other families that have filed suit. Counsel said so far they’ve had seven cases dropped and two dismissed.

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