Lead Poisoning – Brain Damage, Development Delays, Speech / Language Delays, Fine-Motor Delays, Cognitive Delays, Loss of IQ, Special Education Classes, Hyperactivity
Injuries: Brain Damage, Development Delays, Speech / Language Delays, Fine-Motor Delays, Cognitive Delays, Loss of IQ, Special Education Classes, Hyperactivity
Facts and Claim of Liability:
Fitzgerald & Fitzgerald represented infant plaintiff, who had suffered injuries after being exposed to lead paint. From December 2007 through January 2009, plaintiff mother resided with infant plaintiff (who at the time was a little over a year old), infant plaintiff’s twin, and infant plaintiff’s older sister at subject residence. Plaintiff mother recalls that when she initially viewed the apartment before moving her family in, she noticed that the paint was cracking and peeling. One of the defendant landlords reassured her that the apartment would be repainted before she and her children moved in; however, this was not done.
Around this time, plaintiff mother took infant plaintiff to Defendant Pediatric Practice New Windsor Pediatrics, PLLC for a routine check-up. A blood test revealed that infant plaintiff had a blood-lead level of 14.9 ug/dl. In spite of infant plaintiff’s elevated blood-lead level, however, no additional blood-lead level tests were performed until months later. In October of 2008, a second test revealed that infant plaintiff’s blood-lead level had risen to 21 ug/dl. Less than a month later, on 11/18/2008, infant plaintiff’s blood-level reached a high of 30 ug/dl.
Fitzgerald & Fitzgerald filed suit in Orange County Supreme Court and argued that as a result of defendant landlords’ failure to maintain the premises in a reasonably safe condition, infant plaintiff suffered lead poisoning. Fitzgerald & Fitzgerald ultimately settled with defendant landlords for a total of $20,000.00. Fitzgerald & Fitzgerald also argued that defendant pediatric practice failed to do a Lead Risk Assessment and educate plaintiff mother regarding pre-1960s buildings, cracking and peeling paint, and lead-based paint hazards, as well as timely test and monitor infant plaintiff for elevated blood-lead levels. Fitzgerald & Fitzgerald ultimately settled with defendant pediatric practice for $20,000.00.