Lewis v. Roche ($375,000 settlement)

Lead-Paint Poisoning

Injuries alleged: Neurobehavioral problems

Name of case: Lewis v. Roche

Court/case #: Boston Housing Court, No. 92-00130

Amount of settlement: $375,000

Most helpful experts: John F. Rosen, M.D., Helen J. Kenney, Ed.D.

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

Other useful Information:

The plaintiff's experts were gathered for an interdisciplinary meeting with a Chapter 766/special needs team leader and the child's treating pediatrician. An interdisciplinary medical report was produced by these experts and the treating pediatrician which stated the child's medical history, educational history, developmental testing history and the consensus findings and recommendations of the group on diagnosis, future education and treatment and prognosis.

The report stated in its introduction: 'We have come together at the Massachusetts General Hospital to prepare this interdisciplinary medical report. J. Lewis has been designated by the Boston Public Schools as a 'child in need of special services' and in the spring of ... is scheduled to have a 766 three-year reevaluation. ... We endeavor to assist the Boston Public Schools in educating J. Lewis and desire that the consensus opinions of diagnosis, proximate cause, disability and incapacity be made known to those responsible for treating and educating J. Lewis. Also, we endeavor to make known the consensus opinions of diagnosis, proximate cause, disability and incapacity to all others concerned.'

The report became part of J. Lewis' school record constituting her 766 three-year reevaluation, sparing the commonwealth the cost of this testing. Also, the quality of testing and information surpassed that which would ordinarily be available to the public schools given budget constraints.

The report was certified pursuant to G.L. c. 233, s. 79G and was instrumental in obtaining settlement.

The plaintiffs had argued summary judgment to settlement. The decision of partial summary judgment in the plaintiffs' favor was rendered shortly after the settlement was reached, but, prior to filing the dismissal with the court by defense counsel. The case was settled with the assistance of Brad Honoroff of The Mediation Group. One factor in settlement was the amount of available insurance coverage.

The settlement funds have been placed in a trust with an independent trustee to supplement but not supplant. existing benefits the family receives for the minor plaintiff.

Published with permission of Lawyers Weekly