Injuries: Lead Poisoning
Facts and Claim of Liability:
In 1997, infant plaintiff’s family moved into the subject premises in Brooklyn. Plaintiff mother recalls that when they first moved into the apartment, it was in “terrible” condition – the heating pipes and window frames in one of the bedrooms both had peeling and chipping paint on them, and the toilet, kitchen cabinets, kitchen sink, and living room floor were in bad condition.
Infant plaintiff was born on April 16, 2003 at Beth Israel Medical Center. From birth, infant plaintiff received all primary pediatric care from a pediatrician in Brooklyn.
About a year later, on June 10, 2004, plaintiff mother took infant plaintiff to a routine checkup. Infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 11 ug/dL.
Months later, EMS visited the subject premises and inspected the apartment. X-ray fluorescence sampling ultimately revealed 11 lead-positive surfaces from 34 samples.
Fitzgerald & Fitzgerald filed suit in Kings County Supreme Court, arguing that defendant landlord of the subject premises 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 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 $350,00.00.