F&F# A07035
Lead Poisoning – 16 Ug/Dl, 11 Ug/Dl, Developmental Delays, Hyperactivity, Aggressiveness, Speech / Language Delays, Special Education Classes
Settlement: $215,000
Injuries: Developmental Delays, Hyperactivity, Aggressiveness, Speech / Language Delays, Special Education Classes
Facts and Claim of Liability:
Defendant Realty Blashan Realty LLC (owner of home residence), Defendant Managing Agent Interboro Holding Corp. (managing agent of home residence), and second Defendant Realty Steb Realty Corp. (owner of babysitter’s residence) were sued by plaintiff mother on behalf of her daughters, the first of whom was diagnosed with a blood-lead level of 16 micrograms per deciliter, and the second of whom was diagnosed with a blood-lead level of 11 micrograms per deciliter. The suit alleged that the children, who were born on December 4, 2005, and January 17, 2001, respectively, were exposed to lead-based paint in their home residence from birth to their respective dates of diagnosis (June 27, 2006 and November 16, 2007). The suit also alleged that the first child was also exposed to lead-based paint in her babysitter’s residence at least 8 hours a day, three to five days a week from 2 months old to December of 2008. As a result of the lead exposure, the first child claimed developmental delays, hyperactivity, and aggressiveness. The second claimed developmental delays, speech / language delays, and claimed that special education classes were required in order for her to keep up with her classmates and not repeat a grade.
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court and argued that defendant realty (owner of home residence) and its managing agent had notice of children under age 7 living in the apartment; a lead-based paint hazard existed; the hazard was a substantial factor in the children’s elevated blood-lead levels; and the elevated levels were a substantial factor in causing their injuries, which included developmental delays, hyperactivity, aggressiveness, and speech / language delays. Fitzgerald & Fitzgerald also argued that the second defendant realty (owner of babysitter’s residence) had notice of a child under age seven spending eight hours a day, three to five days a week for over a two and a half year period in the apartment; a lead-based paint hazard existed; the hazard was a substantial factor in the child’s elevated blood-lead level; and the elevated level was a substantial factor in causing her injuries, which included developmental delays, hyperactivity, and aggressiveness. Fitzgerald & Fitzgerald ultimately settled with defendants for a total of $215,000.000.00.