Apartment building fails to protect tenants against lead

This case involves several children living in an apartment building who developed significant symptoms of lead poisoning. The ages of the children affected include two four-year olds, one five-year-old, three seven-year-olds, and one eleven-year-old. This particular building was notified that it was built before a certain year warranting lead testing and subsequent repainting. Records showed that the supervisor and owner did not assess for lead levels. The children began to display developmental delays including problems with learning and behavior in school. Other medical complaints included headaches, abdominal pain, loss of appetite, clumsiness, and agitation. Many of the children required extra school services due to learning disabilities. Two of the children were diagnosed with IQs lower than 70, classifying them as mildly mentally retarded.

Question(s) For Expert Witness

1. Did the supervisor and owner adhere to proper duties toward their tenants?

2. What should have been done to prevent injury to the tenants?

Expert Witness Response E-006322

The supervisor and owner failed to investigate lead levels in the building they were operating. All buildings built before the year 1978 require the investigation of lead levels. Before 1978, many dwellings were constructed with lead-based paint. Often times old paint found on building walls will fall onto the floor in the form of paint chips. Children will unknowingly put these chips in their mouths. These chips will typically have a sweet taste making them desirable to children. If lead levels in a building are found to be elevated, the walls must be repainted in a way that lead exposure is reduced. Paint chips and other remnants should also be removed from the building. Lead poisoning will damage numerous organ systems producing a wide range of symptoms. Neurologic symptoms associated with lead poisoning include developmental delay, loss of milestones, cognitive or behavioral problems, and acute encephalopathy which involves persistent vomiting, altered state of consciousness, ataxia, seizures, or coma. Children could also present with anemia confirmed by laboratory studies. Gastrointestinal symptoms include sporadic vomiting, abdominal pain, and constipation. Lead could also affect the growth and maturation of bone and teeth. The diagnosis of lead poisoning is established by elevated blood lead levels and peripheral blood smear. Treatment involves lead chelating agents such as dimercaprol and calcium EDTA.