Kevin Jefferson, PPA v. Raymond Nickerson ($36,000 Settlement)

Lead Paint - Neuropsychological Defects

Type of injuries: Weak expressive and receptive vocabulary development, difficulties with quantitative abilities, immediate memory and visuo-motor skills

Court/case # Boston Housing Court, C.A. No. 91-CV-01145

Special damages: Approximately $2,000

Damages awarded or settled: Settled

Amount: $35,750 in cash; minor will receive $64,000, for his college education and a lump-sum

payment of $58,750 at age 25

Attorneys for plaintiff- Robert K. Rainer, Jeffrey A. Rosenberg,

Chris A. Milne, Boston

Attorney for defendant: Withheld

Name of case: Kevin Jefferson, PPA v. Raymond Nickerson

Insurance carrier- Withheld

Other useful information: This action was brought on behalf of a 2-year-old child who was the product of a pregnancy complicated by maternal preeclamptic toxemia causing a premature birth at '31 weeks' gestation. The child's birth weight was 2 pounds, 10 ounces. The child's early medical history was significant for frequent episodes of otitis (ear infections).

At 19 months, while residing at the defendants premises, the minor plaintiff was diagnosed with lead poisoning with a blood lead level of 47 ug/dI. A three-day course of chelation treatment brought the child's lead level down to 26 tig/dl; approximately two months later, his lead level dropped to 20 ug/dI. A lead inspection of the defendant's premises showed several areas which  contained illegal levels of lead paint.

When litigation was commenced, the plaintiff was able to obtain a preliminary injunction which ordered the defendant to forthwith de-lead the premises and pay the plaintiff adequate money for alternate housing and food during the de-leading period. This ruling also required the plaintiff to show a likelihood of success on the merits.

Neuropsychological evaluation found the minor plaintiff to have overall cognitive functioning in the average range for his age. However, weaknesses were detected in the areas of quantitative abilities, immediate memory for visual material, visuo-motor skills and expressive and receptive vocabulary skills. These areas were thought to be in the low-average range. A speech-language pathologist subsequently examined the child and determined that speech-language therapy was not warranted.

The settlement was structured to assist the child with his future educational and vocational needs.

Published with permission of Lawyers Weekly