Lead Poisoning Lawyers File New York’s First Lead Poisoning Lawsuit Using Forensic Technology to Identify Pigment Maker

New York lead poisoning lawyers of Levy Phillips & Konigsberg, LLP, and their Boston-based co-counsel Thornton & Naumes, LLP, file New York’s first lead poisoning lawsuit where defendant lead paint manufacturer was indentified using forensic technology. Identifying lead paint makers allows lead poisoned victims to seek adequate compensation for their injuries from paint manufacturers, when landlords have insufficient assets or insurance.

NEW YORK, New York, December 18, 2006 - New York State's first lead poisoning liability lawsuit¹ using well-accepted forensic technology, which Americans have seen on television programs such as "CSI", was filed today in New York State Supreme Court of Bronx County. The nationally recognized lead poisoning lawyers of Levy Phillips & Konigsberg, LLP (“LPK”), and Boston-based Thornton & Naumes, LLP, used Raman spectroscopy and other tests before filing the novel lawsuit against NL Industries, Inc.("NL"), formerly known as The National Lead Company, producer of Dutch Boy White Lead pigment.

NL caused brain injury to a four-year-old New York City boy from exposure to lead pigment that was applied to surfaces in the family's apartment many years ago, according to the Complaint filed today.

Deteriorating paint in the family's apartment in the 2500 block of Creston Avenue in Bronx, NY, caused the son of Ana Amparo to suffer brain injuries, cognitive deficits, learning disabilities, reduction of intelligence, behavioral and attention disorders. As a result, the boy - now 16 years of age - is expected to suffer lifelong academic, vocational and social difficulties, the Complaint states.

Named as defendants, in addition to NL, are Romo Associates, W II Bronx Associates, Russell W. Rose, JMG Management, and Plus, Inc., current or past landlords of the property in which the youngster was lead poisoned, according to the Complaint.

According to Alan J. Konigsberg, a lead poisoning lawyer and partner at LPK, naming NL as a defendant in this lead poisoning lawsuit involved a novel, two-pronged legal approach. "If our case is proven, a lead poisoning victim and his family will be able to be sufficiently compensated for the lead poisoning injuries. When landlords don't have sufficient insurance to compensate youngsters and families facing a lifetime of injury from lead paint, lawyers do not file suit. We're using technology identifying the DNA in paint pigment to overcome this obstacle and obtain just compensation from the manufacturer."

Secondly, Konigsberg explained, “liability issues surrounding single- or multi-family residences do not need to be addressed by our lead poisoning lawyers, when product liability against a manufacturer is alleged.”

Using science to positively identify a paint manufacturer is a technique that the firm Thornton & Naumes pioneered in Massachusetts and other states. The pigment from the plaintiff's apartment was compared and matched by analytical chemists to a sample from a library of pigment samples containing lead manufactured by known companies. The process used standard and well-recognized scientific instruments and methodologies, including micro x-ray fluorescence and Raman spectroscopy. The resulting analysis revealed that the paint in the Amparo apartment, which caused the boy’s lead poisoning, was manufactured by NL.

Under court rules, the defendants have 30 days to respond to the Complaint, after which the judge to whom the lead poisoning liability case is assigned will establish a schedule for pre-trial discovery.

For more information about this or other lead poisoning lawsuits, please contact Levy Phillips & Konigsberg, LLP, at 212-605-6200 or 1-800-988-8005, 24 hours a day, 7 days a week.

¹ Edwin Jimenez, an infant by his mother and natural guardian, Ana Amparo, and Ana Amparo, individually vs. Romo Associates, W II Bronx Associates, Russell W. Rose, JMG Management Plus, Inc., and NL Industries, Inc., No. 16991/04 (N.Y. Sup. Ct., Bronx County).

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