F&F #93341
LEAD POISONING-INFANT PLAINTIFFS SUFFER IMPAIRED BRAIN FUNCTION AND LEARNING DIFFICULTIES
Jury Verdict: $9,790,797 Total for both children
$5,590,984 for Sibling A (Unanimous 6/0). Breakdown: $80,000 for past pain and suffering; $1,525,000 for future pain and suffering (61 years); $639,677 for future medical expenses (61 years); $3,346,307 for reduction in earning capacity (46 years).
$4,199,813 for Sibling B (Unanimous 6/0). Breakdown: $70,000 for past pain and suffering; $1,775,000 for future pain and suffering (71 years); $849,651 for future medical expenses (71 years); $1,505,162 for reduction in earning capacity (46 years).
Injuries:
- Impaired brain function with damage to the frontal and temporal lobes and the cerebellum
- Cognitive deficits
- Learning difficulties
An expert neurologist testified that as a result of Sibling B’s diminished cognitive ability and learning difficulties, she was at a severe risk of not graduating from an academic high school. Sibling A’s testing and report cards indicated severe impairments in comprehension and visual, special functioning.
Facts & Allegations: The Fitzgerald Law Firm represented siblings who had suffered injuries after exposure to lead paint. From February 1992 through 1995, the sibling’s mother resided with her family at 2415 Prospect Ave. in the Bronx. In 2/92, the Sibling A was 3 years old; Sibling B was born in May of that year. Sibling A’s highest blood-lead level during that period was 24 ug/dl, and Sibling B’s highest level reached 20 ug/dl.
The Fitzgerald Law Firm used Department of Health records to establish that there were 45 lead paint violations that were not corrected until August 1993. The Fitzgerald Law Firm successfully argued that as a result of the landlors’s failure to abate the hazardous condition, the children suffered lead poisoning.
Demonstrative evidence: charts on brain development; economic projections submitted by an expert economist.