Lead Paint Lawsuit FAQs
Lead is absorbed into the bodies of small
children more easily than adults. It is absorbed through ingestion of
paint chips, dust, soil, and other means. Ingestion of lead has its most
serious effects in children who are 6 years old or under due to the fact
that their brains are still in the development stages. Studies show that
lead, even at low levels, is neurotoxic and can cause permanent brain
damage. Children with lead poisoning exhibit neurocognitive deficits,
such as attention deficit hyperactivity disorder, learning disabilities,
speech and language delays and a decrease in IQ.
What is lead poisoning?
Lead is naturally occurring in the environment largely
the result of industrialization. Lead poisoning occurs when unsafe levels
of lead are detected in the blood. Since 1970, data from the Centers for
Disease Control (CDC) regarding concerns of childhood lead poisoning has
significantly changed. The CDC level of concern for lead in the blood
has changed as follows: 1970 level was 40 mcg/dl (40 micrograms per deciliter
of blood); 1975 level was 30 mcg/dl; 1985 level was 25 mcg/dl. The current
level, set in 1991, is 10 mcg/dl. The CDC has consistently lowered its
level of concern yet there has been no exact point specified where lead
will have an adverse effect.
It is estimated that one out of every 27 Massachusetts
children under the age of six has a blood lead level of 10 mcg/dl. Almost
one-half of homes built in Massachusetts were built before 1950 –
this is 28 years before residential lead paint usage was banned.
Symptoms of lead exposure
Most children with lead poisoning do not show any
outward symptoms unless levels are extremely high. Therefore, most cases
are undiagnosed. Children may show symptoms such as nausea, irritability,
constipation and stomach aches – but these are often simply attributed
to cold and flu-like symptoms. A blood test is the only way to determine
if a child has lead poisoning.
Adult symptoms are much more pronounced – e.g.
mood swings, irritability, severe abdominal pain, headaches and loss of
motor coordination.
Health effects of exposure
Lead can have a toxic effect on almost all body systems,
particularly in younger children. Children diagnosed with lead poisoning
can suffer from the following symptoms: speech delay, hyperactivity, attention
deficit disorder, learning disabilities, behavioral disorders, neurological
and renal damage, stunted growth, anemia, hearing loss, and mental retardation.
Lead levels in children may be reduced but the damage is not reversible.
Adults diagnosed with lead poisoning can suffer
from the following: kidney and neurological damage, anemia, hypertension,
impotence, sterility and miscarriages.
Treatment of Lead Poisoning
The most common treatment for lead poisoning is called
chelation therapy. Chelating agents are administered to either orally
or intravenously. These agents bind themselves to the lead in the body's
soft tissues, thereby reducing the toxicity level. This process is much
more limited in reducing lead in bones. It usually requires hospitalization
for approximately one week. Unfortunately, side effects such as decreased
appetite are quite common.
Proper diet is important for treatment. Recommended
foods are ones that are low in fat and high in iron and calcium. Deficiencies
in iron, calcium, protein and zinc tend to increase future vulnerability
to lead poisoning. Children with lead poisoning should always keep food
in their stomachs because this slows absorption of the lead.
The danger to children
Although lead can poison children and adults, children
under the age of six are the most susceptible. This is because they still
have developing nervous systems, and toxic substances may adversely affect
the course of their normal development. Also, children’s bodies
may absorb as much as 50% of the lead they ingest, while an adult may
absorb between 10 and 15%.
Children can be poisoned by either ingesting or inhaling
lead. Many small children display a behavior commonly referred to as PICA,
or the tendency to eat nonfood objects. They may eat lead contaminated
dirt, put toys in their mouths or chew on window ledges that are covered
in lead dust. Small children who crawl on the floor can get inhalation
exposure from lead dust that is tracked into the house. Another way children
may be exposed is if a household member, who works in a lead-related industry,
innocently brings home lead dust on their clothing or shoes.
Legal considerations
Lead paint lawsuits can be filed against landlords, lenders,
or paint manufacturers. From a legal standpoint, a lead expert must be
retained to determine the source of the lead. The sources to be tested
include residences, or other places where the individual may have been
exposed. Also, a doctor must be consulted for testing purposes to determine
the level of lead-related injuries.
The number of lead paint lawsuits filed in the northeast
have been growing rapidly. Landlords and lenders, such as banks providing
mortgages, are the primary targets. It has been estimated that there are
thousands of lead-related cases pending in Boston and Baltimore area courts
alone.
Resources
Alliance to End Childhood Lead Poisoning
202-543-1147
Centers for Disease Control - Childhood Lead Poisoning Prevention Branch
404-639-2510
Housing and Urban Development - Office of Lead Hazard Control
202-755-1785
National Center for Lead Safe Housing
410-992-0712
National Safety Council/National Lead information Center
800-424-LEAD
|
