Injuries: Lead Poisoning
Facts and Claim of Liability:
Infant plaintiff was born on April 23, 2000. From birth, infant plaintiff received all primary pediatric care at St. Christopher Ottilie in Brooklyn.
When infant plaintiff was about eight months old, infant plaintiff’s family moved into the subject premises in the Bronx. Plaintiff mother recalls that when they first moved into the apartment, she noticed that the apartment had been freshly painted, but that as time went on, the apartment needed to be repainted because the paint was cracking and peeling, especially in plaintiff mother’s son’s room. Plaintiff mother also recalls a number of leaks stemming from cracks in the walls. Plaintiff mother complained to defendant owner about these things on a number of occasions.
As time went on, plaintiff mother caught infant plaintiff eating the paint chips that had fallen from the peeling and cracking paint in her son’s room.
On June 30, 2004, when infant plaintiff was a little over four years old, she was diagnosed with an elevated blood lead level (“PbB”) of 12 ug/dL. Subseqent PbBs were recorded as 14 ug/dL on September 17, 2004; 30 ug/dL on November 8, 2005; 34 ug/dL on November 10, 2005; 26 ug/dL on December 15, 2005; 22 ug/dL on January 12, 2006; and 16/ug/dL on March 9, 2006.
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant owners 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 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 ultimately settled with defendants for a total of $262,000.00.