F&F #93342A
LEAD POISONING – INFANT SUFFERS BRAIN DAMAGE WITH LOWERED IQ, CHRONIC INCONTINENCE AND ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD)
Jury Verdict: $353,985. (Unanimous 6/0)
$150,000 for future pain and suffering; $94,370 for medical monitoring;
$109,615 for rehabilitation services.
Pltf. was granted summary judgment on liability.
Injuries:
- Lead poisoning
- Brain damage
- Lower IQ–loss of 10 to 15 IQ points
- Attention deficit disorder with hyperactivity (ADHD)
- Aggressive behavior at school and at home
- Long-term memory loss
- Deficits in mathematics, language, and graphomotor skills–2-3 years below his grade level
Plaintiff does not attend special education.
Facts & Allegations: The infant Plaintiff was born on 8/2/90. He lived in Defendant’s premises from September1992 through August 1995. Plaintiff claimed that during that time, he was exposed to lead paint. The City of New York provided notice of lead violations to Defendant landlord. The Plaintiff had elevated blood lead levels over 3 years, ranging from 17 ug/dl to a high of 31 ug/dl. His blood lead level went down, but rose again to 23 ug/dl, resulting from a repoisoning of the child over this time period.
Plaintiff was granted summary judgment on liability, and this case was on damages only.