New York Medical Malpractice Attorneys

$5,040,000-Siblings sustained brain damage due to failure to treat lead poisoning

Fitzgerald & Fitzgerald Case # A00173

Lead Poisoning and Medical Malpractice

Brain Damage and Developmental Delays

Jury Verdict: $5,040,000

Injuries:

• Speech delays
• Cognitive deficits
• Learning disabilities
• Loss of IQ
• Plumbism
• Anemia
• Hyperactivity
• Visual Disturbances
• Brain damage

Facts and Claim of Liability:

Fitzgerald & Fitzgerald represented the plaintiffs in this case.  The plaintiffs were siblings born about one year apart.  The plaintiffs lived in a Brooklyn apartment for the first several months of their lives.  Subsequently, the plaintiffs moved into an apartment at Saratoga Avenue, New York and resided at the premises for about a year and one half.  During the time when plaintiffs were residing in the apartments, their mother noticed peeling paint, lead dust and paint chips. Inspections by the New York Department of Housing Preservation and Development also recorded lead paint violations for both apartments.  The landlords of the above apartment buildings were defendants in this case.

At aged 12 months, one of the plaintiffs was tested to have a blood lead level of 15 ug/dL.  At 11 months, the other plaintiff was tested to have a blood lead level of 24ug/dL. Subsequent tests taken over a year later showed that Tia and Lennard were noted to have elevated blood lead levels as high as 33 ug/dL and 26 ug/dL respectively.

From the time of the plaintiff’s birth until they tested to have blood lead levels of 33 ug/dL and 26 ug/dL, plaintiffs received pediatric care from Interfaith Medical Center, a defendant in the case. During visits to Interfaith Medical Center, both of the plaintiffs were noted to have symptoms of diarrhea, loss of appetite, irritability, fever, vomiting and anemia. Despite the symptoms, Interfaith Medical Center failed to order blood lead level tests in a timely manner, conduct risk assessment or provide any anticipatory guidance to the plaintiffs.

Fitzgerald & Fitzgerald  contended, AND THE JURY SPECIFICALLY FOUND, that Interfaith Medical Center: 1. failed to do lead risk assessment at each well child visit and 2. failed to give anticipatory guidance to the children’s mother.