New York Lead Poisoning Lawsuit Settles for $1.16M

A New York family has reached a settlement for $1.16 million to resolve a lead poisoning lawsuit filed after four siblings experienced developmental problems allegedly caused by exposure to lead paint chips in two homes where they lived.

According to the Utica Observer-Dispatch, a New York state court judge approved the settlement last Wednesday, which will divided among Shaquanda Gilmore, 21, Delqwon Gilmore, 20, Tashawn Gilmore, 18, and Rahkeem Gilmore, 17, of Oneida County, New York. Two different landlords will contribute to the settlement, with Joseph and Elizabeth Ficchi paying $900,000 and Anna Mae Lopiccolo paying $260,000.

Despite a 30-year-old ban on the use of lead paint, it still remains on the walls of thousands of older homes throughout the country. Lead paint poisoning is a particular risk for children living in older rental properties in large cities where the homes may be poorly maintained, allowing paint to flake off the walls.

Young children are very susceptible to chemical damage during development from elevated lead levels that may occur if they suck on paint chips or inhale dust from the toxic paint. Lead poisoning can result in developmental problems, mental retardation, nervous system injuries, seizures, brain damage, coma or death.

According to the U.S. Centers for Disease Control and Prevention (CDC), approximately 250,000 children in the United States have blood levels greater than 10 micrograms of lead per deciliter of blood, which is the level that the CDC considers deserving of public health action. As of 2006, New York lead poisoning cases were the most of any state, with nearly 6,000 children younger than 72 months testing positive for elevated blood lead levels.

Oneida County, where the Gilmore’s lawsuit was filed, consistently battles lead paint exposure problems and has the second highest rate of children with elevated lead blood levels in upstate New York. State officials estimate that nearly 170 children in the county suffer from lead paint poisoning each year.

The Utica Observer-Dispatch reports that Oneida County officials have been fighting to lower lead poisoning levels in the county. The county has increased inspections, and state health department records show that the number of children with lead poisoning is decreasing. The county recently received $2 million in federal grant money to tackle the issue.