Injuries: Lead Poisoning
Facts and Claim of Liability:
Infant plaintiff was born on November 18, 2003 at New York-Presbyterian Hospital. From birth, she received all primary pediatric care at a pediatric clinic on West 184th Street.
In August of 2005, infant plaintiff’s family moved into the subject premises. Plaintiff mother recalls that when they first moved in, there was cracked and peeling paint “throughout the apartment.”
The following year, on October 26, 2006, infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 12 ug/dL. (Subsequent PbBs were recorded as 9 ug/dL on January 16, 2007; 7 ug/dL on April 26, 2007; and 4 ug/dL on May 13, 2008.)
A little over a year later, on November 7, 2006, ALC Environmental, Inc. inspected the subject premises. X-ray fluorescence sampling ultimately revealed 27 lead-positive surfaces from 73 samples.
Currently, infant plaintiff attends school in the Upper West Side. She is very hyper, and often fights with her sister. She does not often listen, and requires constant redirection to stay on task. At school, infant plaintiff’s teachers complain that infant plaintiff does not pay attention, and does not complete class and homework assignments.
Fitzgerald & Fitzgerald filed suit in New York County Supreme Court, arguing that defendant owner was careless, negligent, and reckless in the ownership, operation, management, maintenance, repair, care, and control of the 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 defendant for a total of $250,000.00.