Lead Poisoning, Deficits in Visual Attention, Verbal Memory, and Attentional Control of Response Set, Attention Deficit Hyperactivity Disorder
Injuries: Lead Poisoning, Deficits in Visual Attention, Verbal Memory, and Attentional Control of Response Set, Attention Deficit Hyperactivity Disorder
Facts and Claim of Liability:
On December 3, 1999, infant plaintiff’s family moved into the subject premises in New York. Plaintiff mother recalls that when she first moved in, the apartment was freshly painted. However, before infant plaintiff was born (about four years later), the paint began to deteriorate, and cracking and peeling paint was visible on and around the window sills and door frames in the apartment.
About four years later, on February 20, 2003, infant plaintiff was born at Mount Sinai Hospital. Plaintiff mother recalls that from birth, infant plaintiff received all primary pediatric care at Mount Sinai Hospital.
About a year later, in January of 2004, infant plaintiff’s pediatrician informed plaintiff mother that infant plaintiff’s blood lead level (PbB) test resulted in 8 ug/dL. On July 20, 2004 infant plaintiff was diagnosed with an elevated blood lead level of 18 ug/dL. Subsequent PbBs were recorded as 8 ug/dL on August 8, 2004; 11 ug/dL on November 12, 2004; 8 ug/dL on February 18, 2005; and 8 ug/dL on May 10, 2005.
Currently, infant plaintiff attends therapy sessions every other week. He also sees a psychiatrist every couple of months. He currently takes Ritalin once a day for his Attention Deficit Hyperactivity Disorder, which he was diagnosed with not long after his elevated blood lead level diagnosis.
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 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 $300,000.00.