Child poisoned by lead paint: Failure to warn or prevent: Brain damage: Settlement

Law Reporter, May 2003

Thomson v. County of Albany, N.Y., Albany County Sup. Ct., No. 6289-97, Dec. 12, 2002.

When Thomson, now 11, was an infant, she was poisoned by lead paint in the apartment her family was renting. Thomson's mother notified the apartment management company of the chipping and peeling paint, but it did not repair it. After Thomson was diagnosed with lead poisoning, the county health department ordered an abatement of the premises. However, the lead was not properly abated, and lead hazards continued to exist. Later, the family moved to a different apartment, managed by the same company, which was also found to have lead hazards, causing Thomson's blood lead levels to rise to a dangerous level again. The health department allegedly certified lead abatement of this apartment as well.

Thomson suffered permanent brain damage, attention deficit hyperactivity disorder, and cognitive and developmental disabilities. She attends special education classes and must take psychotropic medications.

Thomson's mother sued the apartment management company and the county on her behalf. Plaintiff alleged the apartment management company was negligent in failing to warn tenants of the presence of lead paint or to remove the lead paint from the premises. Suit alleged the county negligently certified that the lead hazard had abated when in fact a dangerous level of lead continued to exist on the premises.

The parties settled prior to trial for a total of $2.2 million. The apartment management company paid $1.4 million, the county paid $600,000, and the property owner's estate paid $200,000.

Plaintiff's experts were Joel Redfield, neuropsychology, and Robert Karp, pediatrics, both of New York, N.Y.; Spencer Weig, pediatric neurology and neurophysiology, Albany, N.Y. Defendants' experts included Zvi Klopott, neurology/child psychiatry, and Phillip Riback, pediatric neurology, both of Albany, N.Y.