Lawsuit: Philadelphia children suffered permanent injuries from inhaling lead-based paint

By Nicholas Malfitano | Mar 22, 2019


PHILADELPHIA – A mother of two Philadelphia children is suing her property’s managers, claiming their collective negligence in adhering to laws regarding disclosure of lead-based paint on the premises led to her daughters suffering permanent injuries.

Zu. H. and Zo. H. (minors by their parent and natural guardian, Malika Scott) of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Dec. 13 versus Deera Management, LLC of Philadelphia and Deeros, LLC of Scranton.

Between April 2012 and June 2016, the minor plaintiffs resided on East Price Street in the Germantown section of Philadelphia. According to the lawsuit, the structure was constructed prior to 1978, when interior lead-based paint was banned for use.

“During the period of tenancy, minor plaintiffs were exposed to peeling, chipped and deteriorated lead-based paint and lead-based paint dust, with lead concentrations that exceeded federal, state and/or local regulatory limits, while residing at the subject premises. After minor plaintiffs moved into the subject premises, [they] ingested and/or inhaled lead-based paint chips and dust,” the suit alleges.

“Lead is a toxic substance with adverse effects on human beings. It is particularly hazardous to young children, such as minor plaintiffs, because their bodies are developing rapidly, they absorb and retain lead more efficiently, and they display adverse health effects at lower blood concentration levels. Lead poisoning can cause conditions including learning disabilities, intellectual disabilities, behavioral disorders, hyperirritability, lack of coordination, loss of appetite, vomiting, abdominal pain, encephalopathy with brain edema, convulsions, permanent brain damage, and even death.”

The lawsuit states the minor plaintiffs have suffered numerous health problems, including hair, skin, digestive and other organ difficulties, physical pain, mental anguish, disability, brain and/or developmental injuries including cognitive deficits, neurological, physiological and psychological damages, plus punitive and/or exemplary damages, among others.

For negligence, the plaintiffs are seeking compensatory and punitive damages in excess of $50,000, plus interest, attorney’s fees, costs and such other and further relief as is just and proper.

The plaintiffs are represented by D. Alexander Latanision of Levy Konigsberg in New York City and Adam M. Green of Green & Schafle, in Philadelphia.

The defendants have not yet obtained legal counsel, according to Court records.

Philadelphia County Court of Common Pleas case 181201496

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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