Premises Liability
Lead-Paint Poisoning - Learning Disabilities $2,225,000
Injuries alleged:
Learning disabilities, diminution in IQ, and other cognitive
deficits associated with lead-paint poisoning
Court/case #: U.S. District Court
Tried before judge or jury: Jury
Special damages: Projected diminution of earning capacity
of two brothers.
Amount of award: $2,225,000 (with interest)
Highest offer: $200,000
Case Summary:
This case involved the lead poisoning of two children who lived
in a three-family home in Brockton. The two brothers were both
found to be lead poisoned and underwent chelation. The plaintiff
offered expert testimony that each child would probably have
advanced further academically and vocationally had they not suffered
lead paint poisoning and resulting brain damage.
The less affected child had blood levels averaging 27. He was
in a special needs reading program but otherwise was doing fine.
Expert testimony substantiated the probability that he would
have been of superior intelligence in verbal and language skills
as well as performance skills but for the lead poisoning. The
jury awarded him $520,830.
The child who was more greatly affected had blood levels which
averaged 25. According to specialized neuropsychological testing,
he would, but for the lead poisoning, have been of low average
intelligence, but the lead poisoning made him mildly retarded
and impaired in all areas of cognitive functioning. The jury
awarded him $1,170,000.