$575,000-Lead Poisoning: Jury Verdict 18 ug/dl- learning disability – Verdict includes award for private schools

F&F #93396

LEAD POISONING – 18 ug/dl – learning disability – Verdict includes award for private school

Jury Verdict: $575,000


  • $250,000 – Past conscious pain & suffering
  • $200,000 – Future pain & suffering for 66 years
  • $25,000 – Counseling beginning at 18
  • $100,000 – Private schooling through high school


Learning disabilities in the following areas:

  • Expressive language
  • Short term and long term memory recall
  • Reading
  • Writing
  • Math

The plaintiff was not in special education but had failed math, and language arts and was attending summer school. There was going to be no tutoring or remedial help available through the child’s public school unless the child also failed summer school. Teachers admitted child was passed based on “social promotion.”

Facts & Allegations:
Infant plaintiff resided in apartment with a lead paint hazard Violations were issued and never corrected. Infant’s blood lead levels were 18 mg/dl on July 8, 1989 and 18 mg/dl on April 27, 1993. This was caused by the toddler ingesting lead dust from deteriorating paint. The ingestion occurred during normal hand-to-mouth activity after crawling on the floor.