Injuries: Lead Poisoning
Facts and Claim of Liability:
Infant plaintiff was born on May 7, 2001 at New York-Presbyterian Hospital. From birth, he received all primary pediatric care from a pediatric clinic in Washington Heights.
The following year, in March, infant plaintiff and his family moved into the subject premises in the Bronx. Plaintiff mother recalls that when they first moved in, there was peeling paint throughout the entire apartment. There was also a huge crack in the wall in the kitchen and a hole in the wall in the hallway. She complained to the landlord about these things on a number of occasions, but no repairs were ever made.
Ultimately, on July 29, 2004, infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 11 ug/dL. Subsequent PbBs were recorded as 6 ug/dL on November 18, 2004 and 5 ug/dL on March 31, 2005.
Infant plaintiff was also eventually diagnosed with impairments of confrontational naming, syntax, hand and finger movements, visuospatial constructional ability, recall for narration, recall and retrieval for visuospatial material, and planning.
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant owners of the first and second 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. The case went to trial, and the jury returned a verdict in favor of infant plaintiff against defendant owners. Ultimately, infant plaintiff received $321,409.71.