LEAD POISONING – INFANT EXPOSED TO CHIPPED AND PEELING PAINT IN APARTMENT – LEARNING DISABILITIES
Jury Verdict: $125,000
Breakdown: $5,000 for past pain and suffering;
$120,000 for future pain and suffering (20 years)
- Language delays
- Inability to concentrate and focus
- Failure to progress in school
Facts & Allegations: The Fitzgerald Law Firm represented a child (Plaintiff) who was 5 years old at the time of the trial. The Fitzgerald Law Firm successfully claimed that Plaintiff contracted lead poisoning from chipped paint in the second floor apartment where he lived in Newburgh from October 1992 through February 1994.
Pltf. was found to have an elevated blood lead level of 29 ug/dl on 6/24/93 (at 1 ½ years of age) and underwent provocative testing. He did not undergo chelation. Subsequent tests were below 10 ug/dl.
The Orange County Department of Health tested the apartment and made a positive finding of a lead condition. Evidence indicated that Deft. was in violation of Public Health Law § 173.13 and the Newburgh Housing Code and was ordered to perform abatement.
Demonstrative evidence: Department of Housing, medical and school records.