Chiquita Tumblin PPA. et al. v. Cristaldi ($185,000 settlement)

Lead Paint Poisoning

Type of action: Lead poisoning/lead paint statute

Type of injuries: Lead Poisoning.

Court/case No-- Suffolk Superior Court, Civil Action No. 91-0780

Judge or jury-. N/A

Name of judge: N/A

Special damages: Medical bills, $7,436.92 damages awarded or settled. Settled. Amount- $185,000.

Attorney for plaintiff Robert K. Rainer, Chris A. Milne, Rainer & Rainer, Boston.

Attorney for defendant. Withheld.

Name of case: Chiquita Tumblin PPA, et al. v. Cristaldi

Insurance carrier.- Withheld.

Highest offer. $185,000.

Other useful information:

The minor plaintiff, born April 10, 1989, was 2.5 years old at the time of the settlement.

Plaintiff had suffered lead levels in the range of 25 to 41 and had received in-patient chelation at Boston City Hospital. At the time of the settlement, the minor plaintiff had been undergoing speech therapy at BCH and her condition was improving. The $185,000 cash settlement was structured and the fixed money provided the means for the family to meet the child's special education needs in addition to those which would be provided by the public school system. The case was settled approximately one month before a scheduled trial date.

Initially the child was removed from the lead environment as a result of the plaintiffs obtaining an order on a preliminary injunction ordering the defendant to commence deleading forthwith and to provide the minor plaintiff and her family with alternate lead free housing during the deleading process. Thus the court had established early on in the lawsuit that plaintiffs were likely to succeed on the merits.

It was the intent of plaintiffs to introduce evidence at trial with respect to future -medical and educational expenses for this lead poisoned child. Such future treatment had been recommended by plaintiff expert witnesses.

As is the usual practice of Rainer & Rainer, a percentage of the attorneys' fees from this settlement has been donated to abcd, a non-profit anti-poverty agency, for use in the Model Lead Abatement Project which provides funds for deleading to low income families.

Published with permission of Lawyers Weekly