Lead Poisoning – Brain Damage to Child From Peeling Lead Paint
- Brain damage
- Low IQ–between 76 and 80.
He had been in special education since he entered the New York City school system. Defendant contended that his low IQ was a congenital defect, noting that his mother was also placed in special education. The Fitzgerald Law Firm successfully negotiated the $775,000 settlement.
Facts & Allegations: This lead paint lawsuit was settled during trial for $775,000. Plaintiff moved into the apartment at 2704 Decatur Ave. in Apri 1986 when Plaintiff was 6 months old. Plaintiff’s mother claimed that the paint was peeling when they took occupancy and was never repaired despite repreated complaints. Plaintiff was diagnosed with lead poisoning in June 1987 with blood lead levels of 51. He was chelated twice. The New York City Department of Health issued a violation in June 1987 and the New York City Housing Authority made emergency repairs in August 1987.
The building was insured by Investors Insurance Group with policy periods of April 1, 1986 through March 31, 1987 and April 1, 1987 through March 31, 1988. The 1986 policy had a $500,000 limit per occurrence with no aggregate. The 1987 policy had a $1,000,000 limit per occurrence with $1,000,000 aggregate and claims totaling $580,000 had been paid out, leaving a $420,000 balance available for that policy period. The total available policy limits for the 2-year period was $920,000. There was no excess coverage. Defendants were bankrupt at the time of trial. Prior to trial, defendants offered the $420,000 limit of the 1987 policy claiming that there was no proof of any injury prior to June, 1987. Plaintiff offered to prove that he was continually exposed to lead paint toxicity over two policy periods and that the exposure caused brain damage in both policy periods.