Injuries: Lead Poisoning
Facts and Claim of Liability:
On December 18, 2004, infant plaintiff’s family moved into the subject premises in the Bronx. Plaintiff mother recalls that when the family first moved in, the apartment was freshly painted. However, shortly thereafter the paint began to peel off the walls when it rained. Plaintiff mother recalls making a number of complaints to the landlords about the peeling paint.
Infant plaintiff was born on November 9, 2006 at Our Lady of Mercy Medical Center.
On December 8, 2008, plaintiff mother took infant plaintiff to a routine checkup at Our Lady of Mercy Medical Center. Infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 17 ug/dL. Subsequent PbBs were recorded as 26 ug/dL on January 8, 2009 and 19 ug/dL on April 24, 2009.
On December 17, 2008, the New York State Department of Health came to inspect the subject premises. X-ray fluorescence sampling revealed 39 lead-positive surfaces from 97 samples taken from the subject premises.
Infant plaintiff has since been diagnosed with Pervasive Developmental Disorder. She currently receives physical, occupational, speech, and feeding therapy in school.
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant owners were careless, negligent, and reckless in the ownership, operation, management, maintenance, repair, care, and control of subject premises in allowing and permitting a dangerous and hazardous condition to be, remain, and exist; and in failing to make a timely repair and abatement of the lead-based paint hazard in the subject premises upon learning that children under the age of six were living in the subject premises; and that these failures resulted in serious and permanent injuries to infant plaintiff. Ultimately, Fitzgerald & Fitzgerald settled with defendants for a total of $100,000.00.