LEAD POISONING – 3 CHILDREN SUFFER BRAIN DAMAGE – COGNITIVE AND LEARNING DEFICITS
Settlement apportionment: $700,000 was paid to Iliana ; $100,000 was paid to Milagros; $100,000 was paid to Luis.
Injuries: The Plaintiffs all claimed brain damage, with cognitive deficits and other learning disabilities. Only Iliana was hospitalized and chelated. Deft. claimed that only Iliana’s school and medical records demonstrated permanency; she attends special remedial classes.
Facts & Allegations: This action settled after jury selection for a total of $900,000 for three infant plaintiffs who claimed that they suffered lead poisoning while living at defendant’s apartment at 1340 Morris Avenue in the Bronx. They began residing in the apartment in 1992 when Pltf. Luis was 2 years old, Pltf. Iliana was 1 year old and Pltf, Milagros was 5 years old. Pltf. Iliana’s highest blood-lead level was 52 ug/dl; Luis’ was 15 ug/dl when he was diagnosed at 5 years old; and Milagros’ was 17 ug/dl when he was diagnosed at 8 years old. Defts. contended that the infant Pltfs.’ exposure pre-existed their tenancy in the apartment.