Injuries: Lead Poisoning
Facts and Claim of Liability:
Infant plaintiffs were born on February 5, 1996 at North Central Bronx Hospital.
About eight years later, on September 1, 2004, infant plaintiffs and their family moved into the subject premises in the Bronx. Plaintiff father recalls that when the family first moved in, he noticed that the apartment was freshly painted, but that there was some sort of “dust” throughout the apartment.
On September 27, 2004, infant plaintiffs were taken to a routine checkup at Montefiore Medical Center. They were both diagnosed with an elevated blood-lead levels (“PbB”) of 13 ug/dL. Subsequent PbBs were recorded as 9 ug/dL and 16 ug/dL, respectively, on September 29, 2004; 10 ug/dL and 11 ug/dL, respectively, on October 14, 2004; and 7 ug/dL and 8 ug/dL , respectively, on April 7, 2005.
Fitzgerald & Fitzgerald filed suit in Kings County Supreme Court, arguing that defendant landlord and defendant managing agent 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 $148,000.00.