A federal judge in Manhattan has refused to throw out a lawsuit that seeks to hold the New York City Housing Authority (NYCHA) accountable for lead paint in homes, which has poisoned hundreds of children living in The Projects. According to a report in the New York Post, Judge William Pauley ruled that the city must face the lawsuit, which alleges that more than 800 children living in NYCHA buildings were diagnosed with lead poisoning because the agency and the city failed to fix dangerous lead paint conditions in its apartments, and then lied to federal regulators about required lead inspections, it is alleged.
Lawsuit Will Go Forward
The lawsuit was filed by a mother on behalf of her 5-year-old son, who was diagnosed with lead poisoning. According to court documents, the boy was exposed to lead dust after NYCHA left a gaping hole in the wall of their apartment for almost a year.
The judge also denied requests by other city and former NYCHA officials to be removed from the lawsuit including Mayor Bill de Blasio and ex-NYCHA Chairwoman Shola Olatoye who resigned in April amid questions about a 2017 Department of Investigation report, which concluded that she may have personally falsified reports to federal officials about NYCHA’s failures to conduct mandatory lead paint inspections.
The judge did not buy the city lawyers’ arguments that the mayor and other city officials should not be held responsible for NYCHA because it is a separate entity. The judge noted that under the city’s Public Housing Law, NYCHA’s chairperson and board members are all appointed by the mayor and “serve at his pleasure.”
The NYHCA is the largest public housing system in the nation and houses more than 400,000 tenants in about 325 developments, commonly known as “the projects,” many of which are deteriorating and falling apart because of lack of repairs and investment.
Understanding Lead Poisoning
Lead poisoning is a completely preventable condition. Lead exposure has the potential to harm young children and babies even before they are born. Even children who appear to be healthy can have high lead levels in their systems. Children can get lead in their bodies by breathing or swallowing lead dust or paint chips containing lead.
According to the Centers for Disease Control and Prevention, about half a million children between the ages of 1 and 5 living in the United States have elevated lead levels in their blood. Lead is more dangerous to children than adults because they often put their hands and other objects that can have lead dust on them in their mouths. The growing bodies of children tend to absorb more lead.
Children’s brains and nervous systems are more sensitive to the damaging effects of lead. What is frightening about lead poisoning is that it can affect just about every system in the body, but may not produce any definitive symptoms. Some of the most common symptoms, when they do appear, include hearing issues, headaches, anemia, behavioral issues, hyperactivity, stomach aches, learning disabilities and damage to the brain and nervous system.
Filing a Lead Poisoning Lawsuit
If you live in the projects or public housing and your child has been diagnosed with high blood lead levels, then you may be able to file a personal injury lawsuit against the NYCHA for damages. You may be able to seek compensation for damages including medical expenses, cost of diagnostic tests, permanent injuries, disabilities, past and future pain and suffering, etc. A knowledgeable New York City lead poisoning lawyer will be able to help you file the lawsuit and compile the evidence that is required to hold the agency accountable for its negligence.
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help families and children affected by lead poisoning better understand their legal rights and options, and also fight hard to recover just compensation for them.
Our firm recovered $1,162,500 for a child who suffered lead poisoning from paint in her apartment. The child’s injuries were subtle and difficult to recognize. We recovered $162,500 above the $1 million dollar total policy in this case. Despite the judge’s efforts to settle the case for $950,000, we fought hard and recovered $162,500 more than the insurance full policy of one million dollars.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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Source: https://nypost.com/2018/08/14/judge-de-blasio-must-face-nycha-lead-poisoning-lawsuit/