Injuries: Lead Poisoning
Facts and Claim of Liability:
Infant plaintiff’s family moved into the subject premises in New York in December of 2002. Plaintiff mother recalls that there was peeling paint throughout the studio, but especially in the bathroom (on the ceiling), around the front door, and around the windows. Both plaintiff mother and plaintiff father complained to the building superintendent a number of times regarding the peeling paint.
Infant plaintiff was born on March 15, 2004 at St. John’s Queens Hospital. From birth, infant plaintiff received all primary pediatric care at a general pediatric practice in Corona, New York.
Less than a year later, on December 21, 2004, infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 12 ug/dL. Subsequent PbBs were recorded as 11 ug/dL on Janury 18, 2005; 9 ug/dL on May 20, 2005; 19 ug/dL on September 21, 2005; 13 ug/dL on November 2, 2005; and 9 ug/dL on April 5, 2006.
In September of 2005, the New York State Department of Health came to inspect the subject premises. Ultimately, X-ray fluorescence sampling revealed 4 lead-positive surfaces from 121 samples taken from the subject premises.
Fitzgerald & Fitzgerald filed suit in New York County Supreme Court, arguing that defendant owners and defendant managing agent were 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 defendants for a total of $450,000.00.