On September 19, 2014, after a one-week trial in the Circuit Court for Baltimore City, a jury returned its verdict in excess of $2 million to a now 17-year-old who suffered permanent brain damage as a result of his exposure to lead paint in a Baltimore City rental home in which he lived with his family.
The verdict included $1,270,000 in economic damages and $818,330 in noneconomic damages, which will be reduced to $545,000 pursuant to the Maryland cap (limit) on noneconomic damages in effect at the time.
The jury of four men and two women deliberated for three-and-a-half hours before returning its verdict in favor of the plaintiff, who suffered learning disabilities and behavioral problems as well as the loss of several IQ points due to his exposure to flaking and chipping paint that contained lead, from his birth in 1997 until 2001, while he resided in a Baltimore City rental property. Environmental testing conducted in 2013 found nine surfaces within the residence that contained lead-based paint (the premises was extensively renovated after the child and his family vacated the home).
Key to the jury’s lead paint verdict was the testimony of the plaintiff’s grandmother, who told the jury that she had contacted her landlord about the flaking and chipping paint after the family moved into the premises, but was told that she should have reported the peeling paint problem before moving in.
The plaintiff was tested for lead paint exposure in both December 1997 and May 1998. The plaintiff was found to have a blood lead level between 12 and 14, which was well in excess of the 10-or-higher level that was considered to a be a level for concern back then (the CDC changed the blood lead level for children in July 2012, establishing that a lead level of 5 requires the child to have case management, and establishing that no level of lead exposure was safe for children).
Source DaQuantay Robinson v. Elliot Dackman, et al., Case No. 24-C-1200689.
Injuries due to exposure to lead-based paint, especially infants and young children who live (or lived) in homes that contained lead-based paint that was flaking and/or chipping, creating a dangerous and foreseeable circumstance where a young child may ingest the flakes/chips, often involve permanent brain damage, resulting in behavioral problems, learning disabilities, and permanent loss of IQ that are life-changing and life-potential-limiting.
Many of the young victims of lead-based paint exposure are poor people whose families live in squalor and could not afford to live in better-cared-for homes. Many lead poisoning victims never receive compensation for their lead injuries because they have no one to help find them a lawyer to represent them in their claim for compensation.
If you or a loved one suffered injuries or other harms as a result of lead paint poisoning or other exposure to lead, you should promptly consult with a lead paint lawyer (lead poisoning lawyer) in your U.S. state who may investigate your lead poisoning claim for you and represent you in a lead paint case, if appropriate.
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