Injuries: Lead Poisoning, Attention Deficit Hyperactivity Disorder (ADHD), Aggressive Behavior
Facts and Claim of Liability:
In August of 1993, infant plaintiff’s family moved into the subject premises in Manhattan. Plaintiff mother recalls that although the apartment was in “fair” condition, there was peeling paint, as well as leaks, throughout the apartment.
Infant plaintiff was born on August 13, 1998 at New York-Presbyterian / The Allen Hospital. From birth, infant plaintiff received all primary pediatric care at 20 Sherman Avenue in Manhattan.
On November 3, 2000, infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 10 ug/dL. (Subsequent PbBs were recorded as 2 ug/dL on November 3, 2005; and 4 ug/dL on April 23, 2007.)
On February 23, 2007, New York Emergency Medical Services (EMS) inspected the subject premises and found 5 lead-positive surfaces.
Currently, infant plaintiff attends school, and is in special education classes. He has behavioral problems and has been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and displays antisocial behavior. At times, he can be aggressive, and has trouble concentrating in school.
Fitzgerald & Fitzgerald filed suit in Queens County Supreme Court, arguing that defendant owner and defendant managing agent 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 defendant for a total of $300,000.00.