It is well known that lead is a toxic metal. It also has been established that no level of lead in a person’s bloodstream is safe. Unfortunately, lead has been widely used in consumer products from ancient times to the present. The result is that at least 4 million U.S. households have children who are being exposed to high levels of lead today, according to the Center for Disease Control and Prevention (CDC).
Lead Poison Lawyer
Because manufacturers have known of the dangers of lead exposure to children and adults, they can be held liable when individuals exposed to their products have suffered harm due to lead poisoning. Because lead builds up in the body before causing measurable effects, many people injured by lead poisoning as children have valid lead poisoning legal claims as adults today.
Problems Caused By Lead Poisoning
Lead was once used extensively in paint, fuels, toys, automotive parts and other products. It is still an ingredient in many consumer goods, including batteries, some types of makeup, pottery, fishing gear, children’s jewellery, printer ink, and various other manufactured goods. The lead in consumer products can potentially leach out and enter the bloodstream of anyone who comes into contact with it and over time cause lifelong physical and neurological problems.
Although lead-based paint was banned in the United States in 1978, lead-based paint and lead-contaminated dust in older buildings are the most common sources of lead poisoning in children today. Lead pipes, as well as brass plumbing fixtures and copper pipes soldered with lead, can release lead particles into tap water. It is a potential problem in older buildings.
Most often, children get lead poisoning from breathing in or swallowing dust from old, chipped lead paint that gets on their hands or falls onto floors and windowsills.
Children between 9 months and 6 years old who spend time in houses built before 1978 are at the greatest risk of exposure to lead and lead poisoning. This is the age when the brain undergoes its greatest development and body weight is at its lowest, meaning any lead ingested becomes a larger part of the body’s makeup than it would in an older child.
Lead in the bloodstream of a pregnant woman can also be passed to her baby.
The Occupational Safety and Health Administration (OSHA) estimates that about 804,000 workers in manufacturing, wholesale trades, transportation, remediation and recreation, and an additional 838,000 workers in construction are potentially exposed to lead. Adults who disturb old paint in home renovations might be exposed to lead. Other sources of lead poisoning include contaminated air, water and soil.
Common Lead Poison Symptoms
Exposure to lead can cause long-lasting harm to health and wellbeing. As lead builds up in the system, the individual may exhibit various symptoms, including developmental delays and learning difficulties. Young adults who had high exposure to lead when they were children may exhibit serious mental and physical problems.
Symptoms of lead poisoning in children include:
- Developmental delays
- Learning difficulties
- Irritability
- Loss of appetite
- Weight loss
- Sluggishness and fatigue
- Abdominal pain
- Vomiting
- Constipation
- Hearing loss
- Seizures
- The compulsion to eat nonfoods like paint chips, clay or dirt.
Cumulative lifetime exposure to lead also has been linked to neurotoxicity, heart disease and kidney disease. Several medical and environmental health agencies have determined that lead probably causes cancer in humans.
Unfortunately, symptoms of lead poisoning do not appear until the affected individual has suffered harm. The most common test for lead is a blood test to measure how much lead is in the bloodstream.
New York State requires health care providers to test all children for lead with a blood test when they are 1 year old, and again at age 2. At every well-child visit up to age 6, health care providers must ask parents about any contact their child might have had with lead. If there has been a chance of contact, health care providers are required to test for lead again.
Once lead is identified in an individual’s bloodstream, low levels can be naturally cleansed from the blood by the liver and kidneys over time if exposure to lead is discontinued. Higher levels of lead in the blood are treated with chelation, which requires taking a medication that binds with lead and causes it to be excreted in urine. However, some damage to the brain and other organs of the body caused by lead poisoning cannot be reversed.
Legal Help For Victims Of Lead Poisoning
If you or your child has been poisoned by exposure to lead, you should obtain professional legal representation as soon as possible from a qualified attorney who handles lead exposure lawsuits.
In general, the law allows an individual who has been harmed by an unsafe product that the manufacturer knew or should have known was unsafe to seek compensation for monetary and personal losses associated with their injuries. Any or all parties responsible for the lead exposure may be held liable. This includes wholesalers, retailers and other distributors, such as, in the case of products like lead-containing paint, landlords who knew or should have known of its presence.
A product liability claim against a manufacturer or distributor of a lead-contaminated product asserts the product was dangerous in and of itself because it contained lead. The plaintiff would not have to show that the defendants knew the product was defective and dangerous. If the injured party was a child at the time of the lead exposure, he or she would not be held liable for contributing to his or her own injury.
A product liability lawsuit may seek compensation for:
- Medical expenses, including for treatment for lead poisoning or personal assistance a severely disabled lead poisoning victim might need.
- Loss of income, including potential loss from inability to obtain substantial employment.
- Pain and suffering of an injured child and/or his parent(s).
After investigating and documenting the facts of your claim, our attorneys will likely be able to negotiate a settlement that meets your costs and needs without subjecting you to the time, expense and stress of a courtroom trial. If a trial is necessary, we will make sure you know what to expect and will proceed with a strong case for a jury to award compensation to you.