F&F# A05028
Lead Poisoning, Cognitive Deficits, Speech and Language Delays, Impairments in Visual Attention, Verbal Memory, and Visiospatial Memory
Settlement: $427,000
Injuries: Lead Poisoning, Cognitive Deficits, Speech and Language Delays, Impairments in Visual Attention, Verbal Memory, and Visiospatial Memory
Facts and Claim of Liability:
In January of 2004, infant plaintiff’s family moved into the subject premises in Brooklyn. Plaintiff mother recalls that when the family first moved in, there was a fresh coat of paint throughout the apartment. However, as time went on, the paint began to peel, and she found mold and dust in the bedroom, living room, and windows. Plaintiff mother made a number of complaints to the building superintendent, but states that nothing substantial would happen, save the superintendent coming in with a wet rag and “wiping down” the areas with the chipping paint.
Infant plaintiff was born on February 8, 2004 at Kings County Hospital Center. Plaintiff mother recalls that from birth, infant plaintiff received all primary pediatric care at Kings County Hospital Center. The day after infant plaintiff’s one-year checkup, her pediatrician called plaintiff mother and told her that there was a problem. Plaintiff mother took infant plaintiff to the hospital, where she was told that infant plaintiff’s blood lead level had measured 10 ug/dL. The pediatrician also told plaintiff mother that the source of the lead was likely in peeling and chipping paint. Plaintiff mother recalls this being the first time that anyone discussed the hazards of lead paint with her.
Once plaintiff mother and infant plaintiff returned home, plaintiff mother examined the whole apartment and found paint chips in the bedroom, bathroom, and living room.
Plaintiff mother recalls that after the diagnosis, she received good anticipatory guidance on lead paint and its dangers from the hospital. The hospital recommended that plaintiff mother and her family move out of the subject premises, which they did in 2007. Ultimately, X-ray fluorescence sampling revealed 6 lead-positive surfaces from 47 samples taken from the subject premises.
Fitzgerald & Fitzgerald filed suit in Kings County Supreme Court and successfully argued that defendant realty corporation was careless, negligent, and reckless in the ownership, operation, management, maintenance, repair, care, and control of subject premises in allowing and permitting a dangerous and hazardous condition to be, remain, and exist, in failing to make a timely repair and abatement of the lead-based paint hazard in the subject premises upon learning that a child under the age of six was living in the subject premises, and that these failures resulted in serious and permanent injuries to the child. The jury returned a verdict in favor of infant plaintiff for a total of $427,000.00. The verdict included payment for past pain and suffering, future pain and suffering, and tutoring.