The New York City Council has voted on two pieces of legislation that strengthen current lead poisoning laws by expanding inspections when a child tests positive with elevated blood lead levels and improving communication between city agencies. According to a city-issued news release, under one of the bills, the Department of Health and Mental Hygiene (DOHMH) will be required to not only inspect an apartment when a child tests positive, but also any daycare, preschool or nursery where the child spends 10 or more hours a week.
What the New Regulations Mean
Also, the agency will inspect a park or playground where bare soil poses a risk for
lead exposure. The new regulations will require the DOHMH to notify residents of a building when a lead poisoning hazard is identified there as well as notify the residents of the apartment units that it intends to inspect. Officials must also provide information with regard to special education services to the parent or caregiver of any child under 18 years of age who is determined to have an elevated blood lead level.
The second lead bill will require better interagency communication, tenant notification and inspections relating to lead-based paint hazards and lead-dust hazards. In addition, it will require the New York City Department of Buildings to conduct an inspection within 24 hours of receiving a complaint of unsafe lead work practices and take dust wipes to determine whether any of the dust is contaminated with lead.
Lead paint was banned in New York City in 1960. However New Yorkers, especially young children, continue to suffer the harmful impact of lead paint used in buildings. In spite of the progress made under the Childhood Lead Prevention Act of 2004, almost 4,000 children were identified with elevated blood lead levels in 2018. Many of these children lived in apartments run by the New York City Housing Administration (NYCHA) or “The Projects.” However, children who live in private housing are also at risk of lead poisoning. The City Council, in 2019 and 2020, passed 14 pieces of lead-related legislation that builds on the 2004 law.
How Children Are Affected
Lead testing among children and lead paint inspections in New York have been lagging because of the coronavirus pandemic, as has been widely reported. According to data released by the Centers for Disease Control and Prevention (CDC), in New York City, which was hit by an early wave of COVID-19 cases, childhood lead screenings declined by 88% last April. Also, in New York City, preliminary data submitted to the CDC suggests that the share of young children with elevated blood lead levels was essentially flat over the first three-quarters of 2020, after years of steady decline.
Exposure to lead may have a wide range of effects on a child’s development and behavior. Even when children are exposed to lower lead levels, they may display symptoms such as inattention, hyperactivity and irritability. Children who are exposed to larger amounts of lead may also have problems with learning and reading, delayed growth and hearing loss. At high levels, lead poisoning may cause irreversible brain damage and even death. Early identification and treatment of lead poisoning reduces the risk that children will suffer permanent damage. The first step is to remove the child from lead sources and contamination.
NYC Lead Poisoning Lawyer
Whether you have been living as a tenant at a private apartment complex or in a public housing unit (the Projects), please remember that you have legal rights. If your child has been diagnosed with high blood lead levels, regardless of whether you live in public or private housing, you may be able to file a personal injury lawsuit against the NYCHA (the Projects) or private landlords (building owners and building managers) for damages. Those who have been affected can seek compensation for damages including medical expenses, cost of diagnostic tests, permanent injuries, lost income and benefits, disabilities, past and future pain and suffering, etc.
If your child has been affected by lead poisoning, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our law 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 insurance 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 policy of one million dollars. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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/or 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://council.nyc.gov/press/2021/03/18/2078/