F&F# A06022
Lead Poisoning
Settlement: $155,000
Injuries: Lead Poisoning
Facts and Claim of Liability:
In June of 2000, infant plaintiff’s family moved into the first subject premises in Brooklyn. Plaintiff father recalls that while the condition of the apartment was “fair,” there was peeling paint in both bedrooms. Plaintiff father also recalls that plaintiff mother complained about the peeling paint to both the building superintendent and property manager.
Infant plaintiff was born on January 27, 2004. From birth, infant plaintiff received all primary pediatric care at Bee-Healthy Professional Pediatrics in Brooklyn. Infant plaintiff was also, from birth, regularly babysat at a second subject premises in Brooklyn.
In January of 2005, plaintiff mother took infant plaintiff to infant plaintiff’s pediatrician for a routine check-up. infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 15 ug/dL. Subsequent PbBs were recorded as 4 ug/dL on May 14, 2005; and 8 ug/dL on September 14, 2005.
Later neuropsychological and neurofunctional testing of infant plaintiff revealed impairments of language, hand and finger movements, visuospatial constructional ability, visuospatial processing, and attention.
Fitzgerald & Fitzgerald filed suit in Kings County Supreme Court, arguing that defendant realty corporation and defendant management company of the first subject premises 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 a child under the age of six was living in the subject premises, both of which resulted in serious and permanent injuries to infant plaintiff. Fitzgerald & Fitzgerald also argued that defendant landlords of the second subject premises 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 a child under the age of six was living in the subject premises, both of which resulted in serious and permanent injuries to infant plaintiff. Ultimately, Fitzgerald & Fitzgerald settled with defendants and non-party Brooklyn Hospital for a total of $155,000.00.