Lead Poisoning

Living in New York City, with its many older building, lead poisoning in children takes on a special concern. In 2008, there were almost 2,000 reported cases of lead poisoning im kids. We here at Tolmage Peskin have done many many lead cases. Let's go through one:

A child lead exposure case includes several elements that must be addressed
1) Show lead poisoning
2) Show the poisoning damaged your child
3) Establish that the lead came from a specific source, usually your home

A general case can illustrate these principles. The client, we’ll call him “John,” lived with his parents in a NYC apartment. When John was one year old, he was diagnosed as having a blood lead level of 15 mcg/dL (micrograms per decaliter). According to the Centers for Disease Control and Prevention (CDC), a blood lead level of over 10 mcg/dL is considered lead poisoning. John’s lead level, despite treatment rose to 61mcg/dL. This is dangerously high. Lead poisoning can cause learning disabilities and impairments, slowed growth, nervous system problems, seizures and death. The New York City Department of Health was notified and they performed a lead test of the apartment. The testing found that the apartment contained multiple lead hazards and violations.

Lets plug this into the elements: 1)Lead poisoning was medically shown. 2) The high lead levels resulted in serious harm for John. He suffered from growth problems, major learning disabilities requiring placement in special education and behavioral problems. 3) The lead was traced to a specific source, the apartment. The testing of the home was contemporaneous with the finding of lead poisoning, establishing a firm link to John’s poisoning.

Despite obtaining compensation for John, the case wasnt really done. Like with many victims of lead poisoning, John's injuries left him in need of special services such as special education, specialized private tutoring, an attendant, and frequent medical treatments. As a lead poisoning victim's parent, you should be aware that a special needs trust can be set up to provide the funds needed for this type of after accident care. Such treatments, coupled with a good lawyer, can ensure a lead poinsoing victim can grow up to lead a successful life.