Lead Poisoning...

What is the name of your state (only U.S. law)? NH


When my son was four months old we moved into an apartment and we lived there until he was 13 months old when I found out that he had lead poisoning. During the time we lived there, he started sitting up on his own, crawling, cruising the walls, using window sills to help himself up, and we often played in the back yard. Because of how mobile he was, I asked my landlord about lead paint and she said that there was none. When I moved in, I was never given anything to sign about lead paint and my lease was very simple (one page; pretty much just said how much my rent was and that I had to give 30 days notice to move).

At my son's 12 month check-up, they tested him for lead. Three days later, I got a call from my son's doctor and his levels were at 29. Of course, the first thing on my mind was getting my son out of there so I immediately looked for a new place not really caring about my 30 days notice. When I told my landlord I was looking for an apartment because my son lad lead poisoning, she told me "well I might as well kill myself because I rely on that rent money". I told her to do whatever she felt necessary but I was not going to be made to feel bad. I moved out two weeks after that conversaton.

Because at the time my son was getting Medicaid, the state got involved and went and tested the apartment even though I was no longer living there. I got the report in the mail and in all of the rooms (on the windows, carpets, etc) the lead reading was a 9.9. My son's dads house was tested as well as my new apartment and they both were lead free.

About a month after I moved I contacted a lawyer after it was suggested to me and I was told that there is no real statute of limitations for lead poisoning cases and that I would have to wait until my son is school aged to see if there were any "damages" that could be a result of the lead. My son is now four and has a speech delay, comprehension issues, and is terrified of any doctors or hospitals. We don't even have to be going for him and he will scream and freak out because he thinks he has to get his blood drawn. He had to go monthly for the first year, then every 3 months, and now every six months to check his levels. The levels are FINALLY under 10.

Now to my actual question... is this worth pursuing? We have lived in FL now for the past 8 months if that makes any difference. I'll be happy to answer any questions if needed...

Thanks in advance!

I'm an environmental consultant not a lawyer, so I will contribute my 2 cents from that point of view.

First, what are the units you are talking about here? Lead paint can be tested in two ways, surface analysis using an XRF and the units reported are usually mg/cm2. The other way is samples can be collected and sent to a lab and the units are usually mg/kg. If the "lead reading" of 9.9 was a surface XRF analysis then 9.9 mg/cm2 is indeed higher than the EPA standard of 1 mg/cm2. On the other hand if it is 9.9 mg/kg that is well below the EPA standard of 5,000.

Even if you have one analysis above EPA standards you will need to prove that the paint or something else in the apartment actually got into your son's body and caused the damage. This is not alway easy, just living in an apartment with lead paint for a short time may not be sufficient. There are other places he could have been exposed.

And finally you said:

When I told my landlord I was looking for an apartment because my son lad lead poisoning, she told me "well I might as well kill myself because I rely on that rent money"

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If they have no money then even if you have a good legal case you would have little to gain from legal action.

Best of luck, I hope your son improves.