Injuries: Lead Poisoning
Facts and Claim of Liability:
In June of 2004, infant plaintiff’s family moved into the subject premises in the Bronx. Plaintiff mother recalls that when they first moved in, the apartment was in “good” condition, but that repairs were soon needed because the paint on the walls began to peel.
On August 29, 2004, infant plaintiff was born at Metropolitan Hospital. From birth, infant plaintiff received all primary pediatric care at Montefiore Medical Center.
Over the course of the next three years, plaintiff mother took infant plaintiff to a number of routine checkups. On September 7, 2007, infant plaintiff was diagnosed with an elevated blood-lead (“PbB”) of 17 ug/dL. Subsequent PbBs were recorded as 13 ug/dL on September 27, 2007; and 12 ug/dL on January 4, 2008.
On September 14, 2007, the New York State Department of Health came to inspect the subject premises. X-ray fluorescence sampling revealed 18 lead-positive surfaces from 52 samples taken from the subject premises.
Currently, infant plaintiff attends school in the Bronx and is in the special education program. He receives speech therapy and occupational therapy twice a week. He does not pay attention in class and is easily distracted. He does not complete his homework. At home, he argues with his siblings. He requires constant redirection to stay on task.
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.