By Philip A. Vanno
ALBANY — The largest settlement ever in a lead poisoning case in upstate New York was reached this week when the family of a girl stricken as an infant received $2.2 million.
The girl, now 11 years old, suffered permanent brain damage and behavior and learning disabilities after being exposed to dangerously high levels of lead in her 163 North Lake Ave. apartment in Albany, after she moved there as a baby in April 1992.
As a result, her family sued the owner of the building, Alberta K. Keator, managing firm Holland Real Estate Services Inc. and Albany County for failing to properly notify them of the conditions or inspecting and maintaining the premises.
The lead in the child's blood rose to a critical level in July, 1993, and the problem was aggravated further after the Albany County Health Department improperly certified the lead hazards as abated and permitted the family to return to the apartment.
The child was hospitalized on three occasions for chelation therapy as a result.
The family moved out of the home in January 1994 to a lead safe apartment, only to move again in November 1996 to an apartment at 314 Second St., in Albany, which was inspected by the county Health Department and determined to be livable.
The child's lead level continued to increase, however, and hazards were discovered in the dwelling and abated in late 1997.
According to the child's mother, after recording one of the highest blood lead levels ever in the state, her daughter is left with permanent neurological injuries, including attention deficit hyperactivity disorder, cognitive disorder, learning disabilities and oppositional defiant disorder.
"Unfortunately (the victim) is typical of many of the children we represent," said the family's attorney Peter Danziger.
"She will suffer for the rest of her life as a result of the failure of Holland Real Estate and the County of Albany to protect her from lead poisoning and as a result of the negligence of her landlords.
"This settlement will help her, and hopefully will serve as a warning to property managers, landlords and government officials, that lead poisoning of innocent children must be prevented."