Lead Poisoning; Deficits in Short-Term Memory, Language Processing, Executive Functioning, Problem-Solving, Visuo-Motor Coordination, Working Memory; Attention Deficit Disorder (ADD)
Injuries: Lead Poisoning; Deficits in Short-Term Memory, Language Processing, Executive Functioning, Problem-Solving, Visuo-Motor Coordination, Working Memory; Attention Deficit Disorder (ADD)
Facts and Claim of Liability:
Infant plaintiff was born on October 1, 1992 at New York-Presbyterian Hospital / Allen Pavilion Hospital. About a year and a half later, infant plaintiff’s family moved into the subject premises in the Bronx.
Plaintiff mother recalls that when they first moved into the subject premises, there was peeling paint throughout the apartment, and eventually, paint began to flake off of the walls onto the floor as well.
On January 31, 1995, plaintiff mother took infant plaintiff to a routine checkup at New York-Presbyterian Hospital. Infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 9 ug/dL. (Subsequent PbBs were recorded as 13 ug/dL on May 24, 1995 and 25 ug/dL on September 23, 1995.) The doctor’s office contacted the New York State Department of Health in regard to the subject premises.
Eventually, the DOH came to the subject premises on October 19, 1995. X-ray fluorescence sampling ultimately revealed 10 lead-positive surfaces from 24 samples.
Infant plaintiff currently suffers from a number of impairments, including deficits in short-term memory, language processing, executive functioning, problem-solving, visuo-motor coordination, and working memory, as well as attention deficit disorder (ADD).
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant managing agent 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 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 $475,000.00.