Injuries: Lead Poisoning
Facts and Claim of Liability:
On April 12, 2003, infant plaintiff was born at Lutheran Medical Center in Brooklyn. From birth, infant plaintiff received all of her primary pediatric medical care at Lutheran Medical Center.
The following year, in October of 2004, infant plaintiff and her family moved into the subject premises in Brooklyn. Plaintiff father recalls that when the family first moved in, there was peeling paint throughout the apartment, and that some of the peeling paint had flaked off of the walls and onto the floor. Plaintiff father spoke to the building superintendent about the issue, and was told to contact a woman named “Bella” at the landlord’s office. Plaintiff father attempted to do so; however, he was unsuccessful, and the problem was not fixed for some time.
On May 10, 2005, infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 11 ug/dL. (Subsequent PbBs were recorded as 7 ug/dL on May 18, 2005, and 6 ug/dL on November 2, 2007.)
On March 22, 2005, the NYC Department of Housing Preservation & Development (HPD) inspected the subject premises and issued four lead-based paint violations to the landlord, directing him to remove all lead-based paint hazards from different areas of the apartment. About a month later, in April 2005, the landlord performed abatement and replacement procedures in the apartment.
Fitzgerald & Fitzgerald filed suit in Kings County Supreme Court, arguing that defendant realty company was 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 defendant for a total of $125,000.00.