F&F# A06124 / B06124
Injuries: Lead Poisoning
Facts and Claim of Liability:
On November 7, 2002, infant plaintiff was born at Mainmonides Medical Center. From birth, infant plaintiff received all primary pediatric care at Maimonides Medical Center.
In May of 2004, infant plaintiff’s family moved into the subject premises in Brooklyn. Plaintiff mother recalls that when they first moved in, there was peeling paint throughout the apartment, and she complained about it to the landlord.
On August 10, 2005, second infant plaintiff was born at Mainmonides Medical Center.
While living at the first subject premise, both infant plaintiffs were diagnosed with elevated blood lead levels. The first infant plaintiff was diagnosed with an elevated blood lead level of 23 ug/dL, and the second with an elevated blood lead level of 13 ug/dL.
Eventually, the New York State Department of Health (DOH) visited the first subject premises. They inspected the apartment and found 66 lead-positive surfaces out of 152 samples taken.
Both infant plaintiffs were also babysat at the second subject premises in Brooklyn for over 8 hours a day, 5 days a week. The DOH also visited the second subject premises, and found 24 lead-positive surfaces out of 133 samples taken.
Fitzgerald & Fitzgerald filed suit in Kings County Supreme Court, arguing that defendant owner of the first subject premises and defendant owner of the second subject premises 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 a child under the age of six was living in the subject premises, both of which resulted in serious and permanent injuries to infant plaintiff. Fitzgerald & Fitzgerald ultimately settled with the second defendant for a total of $600,000.00. Fitzgerald & Fitzgerald continues to pursue the claim against the first defendant.