LEAD PAINT POISONING – 39 Ug/Dl. Learning Disabilities – Loss Of IQ – Attention Deficit (ADD) -Hyperactive Disorder
Jury Verdict: $5,355,000
The award was broken down as: $2 million for future impairment of earning ability, $1.5 million for future pain and suffering; $1 million for future psychological counseling, $300,000 for past pain and suffering and $55,000 for future tutoring.
- Learning disabilities
- loss of IQ points
- ADD and hyperactivity
Facts & Allegations: JOLS Realty was sued by Gloria N. on behalf of her granddaughter, Jacqueline P., who was diagnosed with a blood-lead level that reached a high of 39 micrograms per deciliter. The suit alleged the child, born in 1985, was exposed to lead-based paint from birth to age 4 ½ years. As a result of the lead exposure, infant plaintiff claimed learning disabilities, hyperactivity and a loss of IQ points.
The defendant argued that it had no notice a child under the age of 7 lived in the apartment and that it was unaware the paint contained lead or was defective. JOLS maintained the child’s cognitive problems were not lead-related and were caused by other factors. The hyperactivity diagnosis was also disputed.
In this New York lead poisoning lawsuit, the Kings County Supreme Court jury unanimously found the defendant had notice of a child under age 7 living 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 attention deficit disorder (ADD) and learning disabilities. The jury of five women and one man deliberated for two hours following the eight-day trial presided over by Justice Gerald Held.