Lead Poisoning, Cognitive Impairments, Impairments in Verbal and Visual Memory, Visual Attention, and Aspects of Executive Functioning
Injuries: Lead Poisoning, Cognitive Impairments, Impairments in Verbal and Visual Memory, Visual Attention, and Aspects of Executive Functioning
Facts and Claim of Liability:
In 2001, plaintiff mother moved into the subject premises in Brooklyn. Plaintiff mother recalls that shortly after she moved in, she noticed that the roof was leaking and that there were holes in certain parts of the ceiling. She also noticed peeling, cracking, and flaking paint in various areas throughout the apartment. Plaintiff mother made numerous complaints to defendant owners, their agents and employees, including the building superintendent and managing agent, about the peeling, cracking and flaking paint conditions within the subject premises.
A couple of years later, on June 16, 2003, infant plaintiff was born. From the time of plaintiff’s birth, plaintiff mother took him to to Brookdale University Hospital and Medical Center for pediatric checkups.
About a month after infant plaintiff’s birth, plaintiff mother was in the bedroom when a part of the ceiling (which had been cracked) fell and landed on the floor. Plaintiff mother informed the superintendent, who eventually came to the apartment to look at the ceiling. When he came, both plaintiff mother and infant plaintiff were in the apartment.
Over the next couple of years, plaintiff mother noticed a number of other problems with the apartment, including a hole in the floor underneath the sink in the bathroom, dust, and bubbling paint.
On May 23, 2006, when infant plaintiff was about three years old, plaintiff mother took him to the hospital for a routine checkup. A blood lead level test revealed that infant plaintiff’s blood lead level was elevated at 14 ug/dL. Infant plaintiff’s subsequent blood lead levels were recorded as 12.9 ug/dL on May 11, 12.7 ug/dL on September 13, and 9 ug/dL on January 1, 2007.
Currently, infant plaintiff suffers from a number of cognitive impairments, including impairments of memory (verbal memory, visual memory), visual attention, and aspects of executive functioning (attentional control of response set, cognitive flexibility, and planning). Infant plaintiff also suffers from a lack of impulse control.
Fitzgerald & Fitzgerald filed suit in Kings County Supreme Court, arguing that defendant owners, their agents, servants and/or employees, were careless, negligent and/or reckless in the ownership, operation, management, maintenance, repair, care, and control of the subject premises; in causing and/or suffering, allowing and permitting a dangerous and hazardous condition to be, remain and exist; in allowing lead paint to become exposed; in failing to timely make the necessary and proper repairs to the dangerous condition; and in failing to give any adequate warning or other notice of the dangerous condition, and that this neglect resulted in serious and permanent injury to infant plaintiff. Fitzgerald & Fitzgerald ultimately settled with defendants for a total of $545,000.00.