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$600,000 result- cited in The New York Jury Verdict
Reporter
VII/37-32 Lead Poisoning - Infant Ingests Paint Chips
- Brain Damage
SETTLEMENT: Brown, inf. by m/n/g Goulson v. Morris Avenue
Assoc. 16597/87 Date of Settlement 3/12/90 Bronx Supreme
Pltf. Atty: Alan M. Greenberg of Barton & Zasky, Manhattan
A $600,000 present value structured settlement with periodic
payments until age 35 and the remainder in lump sum was reached
for Pltf. who was exposed to lead paint chips in 1985, 1986, and
1987 at Deft.'s building at 1711 Morris Ave. in the Bronx. She
was 10 months old when she was first exposed. Pltf. is now age
5. Pltf.'s parents contended that the apartment was poorly
painted with several layers of underlying paint which had never
been scraped off the walls or ceilings. The building dates from
the early 1900s. Paint was peeling, flaking, and chipping for
years prior to the infant's birth, but the landlord never
remedied the situation. Eventually a court order was obtained
which forced lead abatement in the apartment. Pltf. actually
ingested the paint chips in one episode. She was diagnosed with
lead poisoning at the age of 2 and underwent 8 days of lead
chelation. She also participated for 1 year in the Montefiore
lead program. Her blood lead levels are presently in the
below-normal range, but she is described as "minimally brain
damaged" and "mildly intellectually restricted." She is slow in
learning, has slurred speech, and clumsy coordination. Deft.'s
experts contended that the child showed no neurological
deficits. Pltf. Experts: Dr. Bryan Pate, Ph.D., toxicologist,
Worcester, Massachusetts; Dr. Leon Charash, pediatric
neurologist, Wantagh. Deft. Experts: Dr. Abe Chutorian,
pediatric neurologist, Manhattan; Dr. Murray Engel, pediatric
neurologist, Stamford, Connecticut.
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