$490,000.00 – Lead Poisoning, Autism, Hyperactivity

F&F# A08069

Lead Poisoning, Autism, Hyperactivity

Settlement: $490,000

Injuries: Lead Poisoning, Autism, Hyperactivity

Facts and Claim of Liability:
Infant plaintiff was born on March 6, 2004 at New York-Presbyterian Hospital / Allen Pavilion Hospital. Later that year, in August, infant plaintiff’s family moved into the subject premises in the Bronx.

Plaintiff mother recalls that when they first moved into the subject premises, the apartment appeared to be in “good” condition, and had been freshly painted. However, by February of the following year, she noticed that there was peeling paint throughout the apartment, cracking and chipping paint in the children’s bedroom, and dust throughout the apartment. Plaintiff mother also recalls that when infant plaintiff began to walk, she saw him pick up some of these paint chips from the floor on a couple of occasions. She even caught him putting some of these paint chips in his mouth. Plaintiff mother complained to the landlord, and eventually workers came and made repairs.

On December 26, 2006, plaintiff mother took infant plaintiff to a routine checkup at Union Community Health Center. Infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 13 ug/dL. Subsequent PbBs were recorded as 11 ug/dL on July 5, 2007; 5 ug/dL on January 7, 2008 and 7 ug/dL on March 26, 2009. On November 8, 2011 his PbB was tested at 20 ug/dL and most recently, on November 25, 2011 it was tested at 33 ug/dL.

Infant plaintiff has been diagnosed with autism. He dislikes participating in class, and does not pay attention to teachers or other adults. He is hyperactive and impatient. He attends school, but is in the Special Education Program and receives speech, occupational, and physical therapy in school as well.

Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant landlord, defendant managing agent, and defendant management company 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 $490,000.00.