We recently tried and won a case on behalf of three young siblings who ingested lead-based paint from their apartment, resulting in the diminishment of his or her cognitive functions. Evidence established that the apartment building the children grew up and lived in contained 58 sites that had been identified as a site of lead-based paint, each constituting a violation of a building code. The law specifies that any dwelling constructed prior to 1960 must be presumed to have lead-based paint, and it is the landlord's responsibility to remove any such peeling paint from any area that is inhabited by children that have not yet reached age 7. Because of the ingestion of the lead-based paint and the lead that had deeply penetrated their bones, the children underwent chelation therapy. Each child suffers from residual diminishment of his or her cognitive functions, and has suffered impairment of his or her ability to learn. Their IQ scores are consistent with those displayed by mentally retarded children, and all will be confined to special education classes. One child in particular suffers a residual behavioral disorder that necessitates daily, supervised assistance, and any potential offspring of that child would bear an increased risk of suffering cognitive impairment, mental retardation and lead-based contamination of their bones.
The jury returned a verdict for the plaintiffs in the amount of $21 million. J. G., an infant by her m/n/g E. G., and E. G., Individually; J. R. and M. R., infants, by their m/n/g M. R., and M. R., Individually v. 824 South East Boulevard Realty Inc.
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