Injuries: Lead Poisoning, Impairments in Language, Fine Motor Skills, Social Perception, Learning, and Memory
Facts and Claim of Liability:
Infant plaintiff was born on October 8, 2002. From birth, infant plaintiff received all primary pediatric care at Montefiore Medical Center.
In May of 2003, infant plaintiff’s family moved into the subject premises in the Bronx. Plaintiff mother recalls that when they first moved in, there was deteriorating paint in the kitchen, underneath the kitchen sink, in the bathroom near the toilet, and in one of the bedroom’s closets. Plaintiff mother also recalls that her husband made a number of complaints to the building superintendent, but that the building superintendent did not come to the apartment until October.
Plaintiff mother also recalls that on a couple of occasions, she caught infant plaintiff putting paint chips into her mouth.
On February 2, 2006, infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 12 ug/dL. Subsequent PbBs were recorded as 13 ug/dL on February 9, 2006; and 5 ug/dL on May 10, 2006.
Ultimately, infant plaintiff was diagnosed with impairments in language, fine motor skills, social perception, learning, memory, and executive function. Infant plaintiff is also currently extremely hyperactive.
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant owners and defendant managing agent of the subject premises were 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 defendants for a total of $275,000.00.