In April 2018, a Bronx jury handed down a $58 million verdict against the New York Housing Authority (NYCHA) for its failure to inspect an apartment for lead paint as required. The case involved a young child who suffered permanent brain damage due to prolonged exposure to lead-based paint in a Bronx public housing apartment.
To date, it is the most significant lead-poisoning verdict in New York history, achieved by senior partner, Thomas P. Giuffra of Rheingold Giuffra Ruffo & Plotkin LLP in a landmark NYCHA lead-paint lawsuit. It demonstrates how a negligent public agency can be held legally accountable for system-wide failures to protect children from toxic exposure to lead.
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Tiesha Jones began living in an apartment at the Fort Independence Houses in the Bronx in 1999. By 2010, she was raising her six children there. Despite knowing a child under six resided in the home, NYCHA failed to conduct the required lead-paint inspections. Flaking paint and visible deterioration were ignored, even as her young daughter began showing signs of developmental delays later linked to lead exposure.
In January 2010, the child registered a level of 45 micrograms per deciliter of lead in her blood. The CDC states, “there are no safe levels of lead in the blood,” and any amount of lead found in childhood blood lead level testing is unsafe. As a result, she developed permanent cognitive delays, neurological impairments, and behavioral disorders. These injuries will likely affect her learning, behavior, and ability to live independently for life.
According to The City of New York Department of Investigation (DOI), NYCHA fell out of compliance with City Local Law 1 of 2004 and Federal Lead Safe Housing Rule 24 C.F.R. 35 in 2013, “DOI’s investigation showed that in 2013, 2014 and 2015, NYCHA submitted documentation to HUD certifying that it was in compliance with lead-based paint regulations, despite not having conducted the required visual assessments.” Further, “this investigation revealed that although senior executives, including the Chair, were aware that in 2016 NYCHA was out of compliance with federal regulations, NYCHA nonetheless submitted a certification stating otherwise.”
The family retained New York premises liability lawyer Thomas P. Giuffra to bring a claim against NYCHA for gross negligence. After a two-week trial, a jury of three women and three men ruled in favor of Jones. They found that NYCHA was negligent in failing to inspect the apartment for lead paint hazards and awarded the tenant $58 million in damages. This groundbreaking verdict exemplifies how New York City residents can fight back against NYCHA’s failure to maintain safe housing standards.
Several months after securing the largest lead paint verdict in New York State history, Tiesha Jones, along with State Senator Gustavo Rivera, introduced Dakota’s Law, which passed in May of 2022.
“This bill requires lead screenings at every routine primary health care visit or annually for children until the age of six years old. Health care practitioners will also provide parents or guardians of children with guidance on lead poisoning prevention, including information on their right to an inspection if the child lives in an area of high risk.
The bill will also require pre-kindergarten and kindergarten institutions to check if their enrolling students have been screened for lead exposure and provide them with educational materials on lead poisoning. This is the first bill of Dakota’s Law, a multi-bill effort to enhance New York’s childhood lead poisoning prevention measures.”
– Gustavo Rivera, The New York State Senate
Thomas specializes in the litigation and trial of significant lead paint poisoning actions, among other types of torts. His innovative approach has led to 20 verdicts and numerous settlements in excess of one million dollars on behalf of his clients, including this landmark verdict for $58 million. He has secured the first and third largest verdicts in New York State history for victims of lead paint poisoning. Thomas has been recognized as “outstanding in the field of advocacy” nationally and internationally and continues to fiercely represent victims of childhood lead paint poisoning.
Thomas’s Lead Paint Settlements or Verdicts:
Our firm continues to handle NYCHA lead paint lawsuits, helping families whose children suffer life-altering injuries due to lead poisoning in public housing. This case affirms that even the largest institutions can be held accountable with the right legal team. Our NYCHA premises liability lawyers are here to listen and fight on your behalf.
Our team has recovered tens of millions of dollars for victims of lead paint poisoning from NYCHA properties. Contact our firm today to discuss your case.
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