|
|
$400,000 result- cited in The New York Jury Verdict
Reporter
XIV/9-30 Lead Poisoning - Attention Deficit Disorder
And Hyperactivity - Causation At Issue
Jason Guzman, inf. by m/n/g Minerva Medina v. Morningside
Properties, Inc. 12008/91 Date of Settlement 5/15/96 Bronx
Supreme
Pltf. Atty: Alan M. Greenberg of Barton & Zasky, Manhattan
FACTS: This was a $400,000 structured settlement, during trial,
for an infant who suffered lead poisoning. The child was 2 1/2
years old when he was diagnosed with lead poisoning in July
1991. His family lived in apartment 11 at 3021 Heath Ave.
Approximately 2 months after his birth, peeling paint conditions
occurred in his apartment. Pltf. claimed that she gave notice of
the condition to the superintendent of the building, but Deft.
did not abate the condition until the City of New York placed a
violation in June 1991. The infant's blood lead level was 41 ug/dl
in February 1991, but gradually decreased until it reached
normal levels in 1993.
Deft. contested causation, arguing that the infant's lead levels
could have resulted from his environment or premature birth.
Injuries: attention deficit disorder and hyperactive disorder.
Pltf. never had chelation therapy, and the N.Y.C. Board of
Education rejected him for its special education program. The
child currently takes Ritalin and is undergoing psychotherapy.
Carriers: Liberty Mutual and General Accident. Pltf. Experts:
Dr. Leon Charash, pediatric neurologist, Hicksville; Jeannette
Maluf, Ph.D., clinical psychologist, Manhattan. Deft. Experts:
Dr. Abe Chutorian, pediatric neurologist, Manhattan; Dr. William
B. Head, neurologist, Staten Island.
|
