The Fitzgerald Law Firm Case # A01118
Lead Paint Poisoning and Medical Malpractice
Developmental Delays and Behavior Problems
Settlement: $500,000
Injuries:
- Attention deficit hyperactivity disorder (ADHD)
- Behavior problems
- Brain damage
- Developmental delays
- Impaired Vision
- Inability to participate in usual childhood activities
- Language and speech impairment
- Loss of I.Q
Facts and Claim of Liability:
The infant plaintiff lived at the landlord defendant’s apartment at 38-40 Hill Street in Brooklyn, New York. The infant plaintiff had elevated blood lead levels over 2 years, ranging from 10 µg/dl to a high of 37 µg/dl.
The medical defendant did not diagnose the infant plaintiff with lead poisoning, treat the lead poisoning, or provide anticipatory guidance or any risk assessment despite symptoms of anemia and presence of lead at the age of 8 months. The plaintiff was noted to have behavior problems, exhibiting disruptive behavior at school and at home.
The Fitzgerald Law Firm successfully negotiated its claim that the landlord defendant negligently and knowingly failed to abate and eliminate lead-based paint hazards in the subject apartment. The Fitzgerald Law Firm also successfully negotiated its claim that the medical defendant had failed to test the infant plaintiff for the existence of lead in a timely fashion, to treat the infant plaintiff for elevated lead levels, and to warn the infant plaintiff’s mother of the risks and hazards posed by elevated blood levels, which resulted in the infant suffering from severe and permanent injuries.