Child exposed to lead-based paint in apartment wins $12.72 million jury verdict for severe intellectual and behavioral problems

According to the April 2009, American Association for Justice Law Reporter, the Plaintiff was an infant when he and his mother moved into an apartment building built before 1960. When the child was 21 months old, blood testing revealed his blood lead concentration to be almost four times the allowable limit. He now has severe intellectual, behavioral, and academic problems and attends special education classes in school. He had to be admitted to a psychiatric hospital at the age of 10 because he was thought to be suicidal. The injured plaintiff’s estimated lost earning capacity is $3.4 million.

The child’s mother sued the building’s landlord, alleging failure to inspect the building for the presence of lead, as required under a municipal law that directs landlords of buildings built before 1960 to presume the paint has lead and to remove peeling paint from any places where children under 7 years of age live. The Plaintiff’s counsel retained experts in thee fields of: public health, neuropsychology, pediatric neurology, lead poisoning, economics.The Defendant contended that the lead did not bring about the boy’s condition. The jury verdict was for $12.72 million, and the Defendant has appealed the verdict. The case is: Lagoa v. Joremi Enters., Inc., N.Y., Bronx Co. Sup., No. 22157/01, Apr. 29, 2008.

For similar cases, see Gutierrez v. 824 S.E. Blvd. Realty, Inc., 52 AAJ L. Rep. 22 (Feb. 2009), in which a jury awarded three children a total of $21 million for the lead poisoning they suffered from exposure to lead paint in their apartments; and Perez v. 2246 Holding Corp., 51 AAJ L. Rep. 248 (Oct. 2008), a case in which a jury awarded a child $4.65 million, reduced to $1.38 million by the court, for the brain damage he sustained as a result of lead poisoning from exposure to lead paint in his apartment.