ALLENTOWN – The mother of a six-year-old Pen Argyl boy who filed suit against her Florida-based landlord, charging that his failure to remediate lead from the home she rented has left her son with permanent brain damage, recently settled her claims for $20,000.
D.H. (a minor, by his parent and natural guardian, Dana Kiefer) of Easton first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on March 17, 2022 versus Kevin P. Ward of Tarpon Springs, Fla.
“In 2017, Ward owned a residential property at 500 ½ W. Pennsylvania Avenue in Pen Argyl, Pennsylvania. In or around April 2017, defendant rented the property to Dana Kiefer. Defendant knew that plaintiff Kiefer intended to reside in that property with D.H., her infant child, who at all times material hereto was a legal occupant of the property under the applicable lease. At all times material hereto, both plaintiffs were legal occupants of the Pen Argyl property,” the suit said.
“Unbeknownst to Dana Kiefer, the house was heavily contaminated with lead dust and lead-based chipped and deteriorating paint, on and around surfaces, making it particularly accessible to infants and toddlers, including D.H. On May 19, 2017, D.H.’s blood was tested, and the results showed he had an elevated level of lead in his blood, recorded as 11 micrograms per deciliter, a concentration more than double the ‘reference value’ established by the Centers for Disease Control to identify children with significantly excessive lead levels. During the time he and his mother lived in the Pen Argyl property, the concentration of lead in his blood reached even more excessive levels, as high as 35 micrograms per deciliter.”
The suit added that D.H.’s lead burden was revealed on x-rays, with lead being a heavy metal and a neurotoxin, which even with low levels of exposure, can cause brain and nervous system damage, developmental delays and learning and behavioral problems, all of which are or may be permanent.
“Sometime after the detection of lead in D.H.’s blood, the rental property he occupied was inspected by the City of Bethlehem’s Board of Health. The inspection and related tests of samples taken from the property showed multiple lead exposure hazards throughout the living area, including areas readily accessible to D.H. The inspection also revealed that defendant had not provided Kiefer with lead hazard information required by federal law,” the suit stated.
“As a direct result of being exposed to deteriorating lead paint, lead dust and other lead hazards in the Pen Argyl house, D.H. suffered lead poisoning and has experienced developmental delays, speech impairment, learning disabilities, acting-out behavior and loss of enjoyment of life, all of which may continue indefinitely in the future, may be permanent and will result in a loss of earnings and earning capacity. As a direct result of being exposed to the aforesaid lead hazards, D.H. has suffered brain damage and is receiving required, appropriate therapy and special educational services, which may continue indefinitely in the future.”
While admitting that a home inspection conducted in 2019 revealed the presence of lead, Ward denied knowledge of any lead in the home prior to that, and further denied direct responsibility for the plaintiff’s son’s injuries, in an answer to the case filed on July 5.
“Plaintiff’s complaint fails to state a claim upon which relief can be granted. Plaintiff’s injuries, if any, are related to pre-existing conditions wholly unrelated to the premises at issue. Plaintiff’s injuries, if any, are the result of the actions or inactions of third parties over whom Ward had no authority or control. Plaintiff’s injuries, if any, are the result of superseding and/or intervening causes. Plaintiff’s injuries, if any, resulted from exposure to lead at locations other than the premises at issue,” according to the case’s affirmative defenses.
UPDATE
Subsequent to 15 additional months of discovery, counsel for both parties submitted a joint motion for approval of settlement for the minor’s claims, in the amount of $20,000.
“Plaintiff is hereby authorized to enter into a settlement with the defendant for the gross sum of $20,000. The fees and expenses presented are approved as fair and reasonable. The attorneys’ fees and costs shall be deducted from the $20,000 settlement as follows: A) Litigation expenses to plaintiff’s counsel of $1,476.27; and B) Attorneys’ fees to plaintiff’s counsel of $3,523.73,” the motion stated.
“The remainder of the settlement funds ($15,000) shall be deposited into a trust for the benefit of D.H. to be disbursed on or after his eighteenth birthday unless otherwise ordered by the Court. His biological parents and any guardians appointed shall not serve in a role as Trustee of the trust or be authorized to deduct any sums from the trust. 4) The clerk shall mark this case as closed.”
Six days later, on Oct. 25, U.S. District Court for the Eastern District of Pennsylvania Judge John F. Murphy authorized the settlement according to the above terms and closed the case.
The plaintiff was represented by Gerald J. Williams of Williams Cedar, in Philadelphia.
The defendant was represented by John C. McMeekin II and Jennifer L. Seme of Rawle & Henderson, also in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 5:22-cv-01028
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com