Injuries: Lead Poisoning
Facts and Claim of Liability:
Infant plaintiff’s family moved into the subject premises in Manhattan in November of 2001. Plaintiff mother recalls that when they first moved in, the apartment had been freshly painted, but that there was “loose paint” in certain areas of the apartment; specifically, near the closet in the hallway.
Infant plaintiff was born on February 19, 2004 at Mt. Sinai Hospital. From birth, infant plaintiff received all primary pediatric care at Global Pediatrics in Manhattan.
On December 6, 2004, infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 23 ug/dL. Subsequent PbBs were recorded as 15 ug/dL on December 10, 2004; 5 ug/dL on February 24, 2005; and 9 ug/dL on June 17, 2005.
On December 17, 2004, the New York State Department of Health (DOH) visited the subject premises. X-ray fluorescence sampling ultimately revealed 33 lead-positive surfaces from 82 samples.
Fitzgerald & Fitzgerald filed suit in New York County Supreme Court, arguing that defendant owners, defendant management company, and defendant landlord 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 $300,000.00.