Lead Poisoning, Impairments of Confrontational Naming, Narrative Memory, Visuospatial Memory, Concept Formation, Planning and Cognitive Flexibility
Injuries: Lead Poisoning, Impairments of Confrontational Naming, Narrative Memory, Visuospatial Memory, Concept Formation, Planning and Cognitive Flexibility
Facts and Claim of Liability:
On November 4, 1999, infant plaintiff was born at Columbia Presbyterian Hospital. From birth, infant plaintiff received all of her primary pediatric medical care at Columbia Presbyterian Hospital.
The following year, on April 14, infant plaintiff’s family moved into the subject premises in New York. Plaintiff mother recalls that the condition of the apartment was one of “deterioration” – throughout the apartment, there was both peeling paint and cracks in the plaster walls. She complained to both the building superintendent and the landlord; however, plaintiff mother recalls that the repairs, once they were actually done, were not good.
On October 2, 2001, plaintiff mother took infant plaintiff to a routine checkup at Columbia Presbyterian Hospital. Infant plaintiff was ultimately diagnosed with an elevated blood-lead level (“PbB”) of 13 ug/dL. Subsequent blood-lead levels were recorded as 8 ug/dL on February 28, 2002, 2.7 ug/dL on March 29, 2004, 3.1 ug/dL on July 7, 2005, 11 ug/dL on April 2, 2007, and 11 ug/dL on June 8, 2007.
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant realty company, defendant management company, 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 defendant for a total of $175,000.00.