Lead Poisoning, Impairments in Ability to Name Objects, Impairments in Auditory and Verbal Memory
Injuries: Lead Poisoning, Impairments in Ability to Name Objects, Impairments in Auditory and Verbal Memory
Facts and Claim of Liability:
Infant plaintiff’s family moved into the subject premises in New York on January 21, 1999. Plaintiff mother recalls that although the apartment was in “good” condition when they moved in, she noticed that the walls needed painting because they were very dirty. Plaintiff mother notified the building superintendent of this problem shortly after moving in.
Almost three years later, infant plaintiff was born at Columbia University Medical Center. She weighed 6 lbs 8 oz. Plaintiff mother and infant plaintiff stayed in the hospital for 8 days before being discharged.
From birth, infant plaintiff received all of her primary pediatric medical care at Columbia University Medical Center.
When infant plaintiff was around three years old, plaintiff mother noticed that she had become “very hyper,” and decided to take her in to the doctor’s office for a checkup. A doctor there examined infant plaintiff and decided to test infant her blood lead levels. The test revealed that infant plaintiff’s blood lead level was 12 ug/dL, above the limit of acceptable blood lead levels.
A couple of days later, the New York Department of Housing Preservation & Development visited the subject premises, and found lead hazard violations throughout the apartment.
At eight years old, infant plaintiff was diagnosed with impairments in the ability to name objects and auditory and verbal memory.
Fitzgerald & Fitzgerald filed suit in New York County Supreme Court, arguing that defendant owners, their agents, servants and/or employees, were careless, negligent and/or reckless in the ownership, operation, management, maintenance, repair, care, and control of the subject premises; in causing and/or suffering, allowing and permitting a dangerous and hazardous condition to be, remain and exist; in allowing lead paint to become exposed; in failing to timely make the necessary and proper repairs to the dangerous condition; and in failing to give any adequate warning or other notice of the dangerous condition, and that this neglect resulted in serious and permanent injury to infant plaintiff. Fitzgerald & Fitzgerald ultimately settled with defendants for a total of $150,000.00.