Lead Paint and The Boston Housing Authority ($169,960 Settlement)

Lead Paint - Housing Authority

Type of injuries: Lead poisoning

Court/case #: Superior Court; case number withheld at request of defendant

Judge or jury: Jury

Special damages: Medicals: approximately $20,000

Damages awarded or settled; Settled on second day of trial

Amount: $169,960

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

Attorney for the defendant: Withheld

Name of case: Withheld

Other useful information: This case was brought by the mother of two lead-poisoned children on a negligence theory against a housing authority. The plaintiffs contended that the defendant had breached its duty to inspect for lead-paint hazards as set forth by the Supreme Judicial Court in Avala v. BHA. Both children suffered Class IV lead poisoning requiring chelation. One child, William Samuel, had a pre-existing bipolar psychological disorder that would have significantly disabled him without the lead poisoning. The other child was doing well in school although he was receiving some special services.

In September 1982, the housing authority had certified that the apartment was in compliance with "the programs regulations" and contained no 'lead paint hazards'. In April 1983, a lead inspection by the municipal inspector found loose illegal levels of lead on nearly every surface of the apartment. Plaintiffs contended that there was clearly loose paint that was overlooked by the defendant seven months early, given the amount of loose paint throughout the apartment. and that the defendant had therefore negligently conducted its inspection. Both minor plaintiffs became lead poisoned after the housing authorities September 1982 inspection.

This case was settled on the second day of trial. Prior to opening arguments, the highest offer was a total of $40,000 for both children.

Published with permission of Lawyers Weekly