December 27, 2008-Suit faults landlord over lead poisoning: NorthJersey.com reports that a Paterson woman has filed suit in state court alleging that her young child suffers from lead poisoning because of a former Passaic landlord’s negligence in failing to remove lead-based paint.The plaintiff, Marlen Rosas, is seeking punitive damages and compensation for physical hardship, mental distress and emotional pain from the owner of the property where she and her son lived from early 2006 to January 2007. Her son, Alex Leal, was diagnosed with lead poisoning in November 2006. After the diagnosis, Passaic’s health department inspected the residence to determine the source of the lead poisioning. The health department found that there were “hazardous lead-paint conditions” that violated state and local regulations. Click here to read more.

December 23, 2008-Lead poisoning diagnosis prompts recall of Munire cribs and furniture: ConsumerReports.org reports that after a child was diagnosed with lead poisoning, Munire has recalled 3,000 cribs and 6,000 pieces of matching furniture because the finish violates the lead paint standard. Click here to read more.

December 23, 2008-Woodstock Percussion Inc. recalls toy drums: The U.S. Consumer Product Safety Commission (CPSC) announced that Woodstock Percussion Inc., based in Shokan, New York, has voluntarily 2,800 calypso steel toy drums. The drums’ surface is coated with paint that has excessive levels of lead. The recalled drums were purchased through mail-order catalogs, websites and stores from December 2006 to December 2007. Though no injuries have been reported, consumers are instructed to take the toy away from children immediately and return it to Woodstock Percussion for a replacement and a $5.00 credit. Click here for more information.

December 18, 2008-D.C.’s tougher lead poisoning bill hailed: The Washington Times reports that the District’s new legislation to protect children and pregnant women from lead-paint poisoning is among the toughest in the country. Click here to read more.

December 17, 2008-Xtreme Toy Zone recalls toy dinosaurs: The CPSC announced that Xtreme Toy Zone, based in Los Angeles, California, has voluntarily recalled 480 “Dinosaur Epoch” toy dinosaurs. The paint on the toy’s surface contain levels of lead higher than the federal standard. Consumers are instructed to take the affected toys from children immediately and contact Xtreme Toy Zone for a refund or an exchange. Click here for more information.

November 25, 2008-Milwaukee loses appeal in lead paint lawsuit: MADISON, Wis. (Associated Press) – An appeals court on Tuesday rejected the city of Milwaukee’s bid to force a former lead paint manufacturer to pay for the cleanup of 11,000 contaminated properties.

The Milwaukee appellate court upheld the jury’s ruling that NL Industries, Inc. does not have the pay the $52.6 million that the city used to repair windows of inner-city homes from 1992-2006. The Milwaukee County jury ruled that NL Industries did not engage in any negligent activity and, therefore, should not be forced to pay for the clean-up. Click here to read more.

November 10, 2008-State and federal funding for lead paint removal: MaineToday.com reported that Maine will add an additional $1.3 million to a $3 million federal grant that will make housing safer for Maine’s kids. The lead prevention program, with its increased budget, will make an estimated 280 households in the state in the next three years. The money will also be used to teach more workers how to remove lead paint safely, and raise more public awareness of the dangers of lead paint. Click here to read more.

November 4, 2008-OKK Trading recalls toy TVs due to violation of lead paint standard: The U.S. Consumer Product Safety Commission (CPSC) announced that OKK Trading, based in Los Angeles, California, has voluntarily recalled 2,100 “Mini-Televisor” toys that were sold on the company’s website from July-September 2008. The surface of the toy television may have lead levels higher than the government standard. Though no injuries have been reported, consumers should take the toy away from children immediately and contact OKK Trading for a refund or exchange. Click here for more information.

November 4, 2008-King Import Warehouse recalls toy xylophones due to violation of lead paint standard: The U.S. CPSC announced that King Import Warehouse, based in Dallas,Texas, has voluntarily recalled 144 toy xylophones due to high levels of lead on the toy’s surface. The toys were sold in 99 cent stores in Texas from December 2007 to February 2008. Though no incidents have been reported, consumers should take the toy away from children immediately and return them to the store where the toy was bought to receive a replacement. Click here for more information.

Because lead poisoning can have such long-term devastating effects, you may be determining whether or not you should file a lawsuit for yourself or your child(ren). There are several factors that can determine your decision:

1. What was the source of the lead poisoning?
2. How extensive was the damage due to the lead poisoning?
3. Could the lead poisoning have been prevented?

Let’s examine each factor:

1.  What was the source of the lead poisoning?: An experienced lead expert needs to test your residence, work environment, daycare facility and school to determine the source of the lead poisoning.
2. How extensive was the damage due to the lead poisoning?: Did the lead poisoning cause irreversible developmental and/ or behavioral damages? How much of the lead poisoning symptoms did you or your child(ren) exhibit? How extensive was the treatment for the damages? Was the lead poisoning caught early enough that simply removing the affected people out of the environment was sufficient or did chelation therapy need to be used?
3. Could the lead poisoning have been prevented?: Was the lead poisoning due to chipped paint that could have been repaired with minor changes? The extent to which the exposure to lead paint could have been avoided can help determine the strength of your case should you decide to file a suit.

Hiring a Lawyer

After examining the three above and other factors, you decide to file a suit. Now you need to hire a lawyer. What is the next step? What kind of lawyer should you hire? How will you pay the lawyer? The following are some tips that can help you in this process:

1. Get referrals: The best way to find a good lawyer is to get recommendations from someone who had a positive experience with the lawyer in a similar case. You can consult different professionals such as a pediatrician, social worker or a nurse at a lead poisoning clinic to receive a list of competent lawyers (make sure that the list has at least three names). Having a local lawyer would be preferable to one that is far away. However, it is better to have a non-local lawyer who you are comfortable with than a local one where you are not sure whether or not the lawyer will represent you well.
2. Interview the prospective lawyers: Once you get that list, it is time to interview each person. Check with the local bar association to make sure that there are no complaints or disputes against the lawyer. Your attorney needs to be experienced about lead or at least know how to get the information about lead that he or she would need to represent you properly. Ask how many lead poisoning cases in which he or she has been involved. Discuss with the candidates how they would build your case. What professionals would they consult? What reports would they need to see? Answers to these questions will give you a good indication of the caliber of their work in regards to lead poisoning cases.

If you are a teacher or childcare provider and are concerned that your facility may have lead paint, the following are some things that you can do to keep the children that you care for from being lead poisoned:

1. Find out when the facility was built: The U.S. Consumer Product Safety Commission banned the use of paint with more than 0.06 percent of lead in 1978. Any building that was built before that year will likely have lead-based paint. If that is the case, ask the school officials or landlord to have the building tested for lead.
2. Clean play areas frequently: Using a mop or a wet cloth to clean areas where young children play will greatly reduce the chance of lead dust lingering in the air. Sweeping the area will just cause the dust to go back into the air and scatter to other parts of the facility. Assign cleaning cloths to specific rooms so that a cloth that may have residual lead dust from the playroom is not being used in a kitchen or bathroom.
3. Give the children healthy snacks: Children who eat foods rich in calcium, iron and zinc are less likely to be poisoned by lead. Snacks such as cheese, yogurt, and ready-to-eat cereals can give your students the minerals that they need to keep lead from being absorbed into their bloodstream.
4. Have children wash their hands often: Lead dust can get on a child’s hands through many different ways whether it’s by touching the floor, a toy or a counter. Make sure that the children wash their hands and faces before they eat to reduce the amount of dust that they can ingest.
5. Clean toys regularly: Wash stuffed animals and other toys regularly to lower the amount of dust on them. Also, clean bottles and pacifiers often.

If you follow these tips, your facility will less likely have lead paint dust and will less likely cause your students to suffer from lead poisoning.

1. How can lead reach my unborn baby?

   Lead, through ingesting lead paint chips or inhaling lead dust, can be stored in your bones for many years. When you are pregnant, that lead can be released into your bloodstream, where it can get passed along to your unborn child early in the pregnancy. In this way, your unborn child can be lead poisoned even if you never had any symptoms.

2. What are the effects of lead in my unborn child?

   Moderate levels of lead can cause low birth weight and premature delivery. High levels of lead can cause stillbirth and miscarriage.

3. What are the possible effects of lead poisoning to my child after birth?

   By being exposed to lead prior to birth, your child can have a myriad of symptoms after he or she is born. Your child is not at a higher risk of having any physical disabilities by being exposed to lead. However, there is a greater chance that your child will suffer learning and behavioral disabilities such as mental retardation and hyperactivity.

4. Should I breastfeed my child if I have been exposed to lead?

   Your doctor is the best reference for this question. According to the Organization of Teratology Information Specialists, who study the effects that medications and other chemicals can have on a fetus, “a mother should not stop breastfeeding unless her blood lead level is very high.”

5. Should there be concern if the father of the baby is exposed?

   Lead can change the shape and size of sperm making becoming pregnant more difficult. Fathers can also get lead dust on their clothing while at work and bring it home with them. If a pregnant woman touches contaminated clothing, she and the unborn child will be exposed to lead. It is strongly recommended that the father keep the contaminated clothing and any other articles away from the home.

6. What can I do to protect myself and my unborn child?

   a) Get early prenatal care: Let your doctor know if you have or may have been exposed to lead in the past or currently. Your doctor will have you take a blood test to measure your blood lead levels and treat accordingly. b) Eat healthy foods everyday: When a person eats a well-balanced diet, his or her body is less affected by lead. Food rich in calcium and zinc help keep lead from being absorbed in your blood stream. c) Have someone wash floors, windowsills and other dusty places with a wet mop or cloth: Cleaning surfaces with fluids is a great way to control dust and to keep it from contaminating you or other people.

Between August and October 2007, Mattel recalled over 100 toys due to high levels of lead in the paint that was used. All of the products were manufactured in China. According to the Lead Paint Toys Recall website, there have been 11 recalls of children’s toys, jewelry and electronics due to lead paint from the end of August to the beginning of November 2008. The majority of the toys and other items were manufactured in China.

But why is lead paint used when it has been proven to cause so much damage in the human body especially in children? The simple answer is because it is cheaper. Lead paint costs about a third less than lead-free paint. In countries such as China and India, where the competition is fierce to export products to the United States, cheaper paint means better profits.

The problem also lies in the lack of enforcement of standards that restrict lead paint from being used on children’s toys. According to the New York Times article entitled, “Why Lead in Toy Paint? It’s Cheaper,” China’s lead paint standards are more stringent than those in the United States. However, there is little enforcement of the rules. As a result, toy manufacturers can use any quality of paint that is readily available. There is an ample supply of industrial paint with higher levels of lead that is available that toy companies may be using on their products.

How to Find Toy Recall Information?

The best way to find toy recall information is to go to the Consumer Product Safety Commission (CPSC) website and check out the Recall Announcements page. You can find recalls by product type, company, date and country of manufacture. The datebase is updated quickly after the recall is announced.

Once you determine that you have indeed been lead poisoned, there are six steps to solving the hazard:

1. Determine the location of the lead hazard
2. Find the cause of the hazard and repair it
3. Create a plan of action to control the hazard
4. Carry out the plan safely and in a controlled environment
5. Clean up the area and take dust samples to ensure that the work was successful
6. Monitor and maintain the property.

 Let’s go through each step in more detail.

1. Determine the location of the lead hazard: Find the places in your home or property where there is chipped or flaking paint. Mostly these places are where there is consistent friction such as by doors or windows.
2. Find the cause of the hazard and repair it: If the problem is being caused by the contact of a door to a door jamb that creates the lead dust, adjust the door so that it doesn’t scrape anymore. A window that is painted with lead paint can rub against a groove and cause lead dust. Water and moisture damage from places such as the roof or the bathroom can cause outer layers of non lead-based paint to be damaged and expose the lead paint layers underneath.
3. Create a plan of action to control the hazard: Once you have discovered the cause of the lead poisoning, you will need to create an action plan to control the source of the lead poisoning. The plan can be as minor as cleaning the area with a damp cloth or a vacuum that has a HEPA filter on a regular basis. On the other hand, if the lead hazard involves a large area, you may have to get a professional to remove walls or anything else that contains the lead paint. If you are not sure of the extent of the affected area, it would be wise to consult a professional.
4. Carry out the plan safely and in a controlled environment: Now that you have determined the plan of action, you will need to carry out the plan in a way that does not harm other family members, tenants or workers. NEVER dry sand an area that contains lead paint. Dry sanding causes lead paint dust that can be easily ingested. Take every precaution to isolate the affected area. Use plastic to seal off the area and make sure that there is proper ventilation so that the dust does not travel throughout a facility. If an entire home or facility is affected, it is advisable that the occupants, especially pregnant women and young children, leave the area until there is assurance that the place is safe again.
5. Clean up the area and test dust samples to ensure that the work was successful: Once the work is done, you should take dust samples and have them tested for lead before the area is declared lead-free. A person can buy a lead testing kit online for under $20. However, if an extensive area had to be cleaned, a professional should do the testing to ensure that the lead levels are tested and read properly.
6. Monitor and maintain the property: Check the lead levels on a regular basis in the area to make sure that there is no more threat of lead poisoning. Keep the space clean by damp cleaning and vacuuming regularly. Watch for any symptoms of lead poisoning that your family members, tenants or other workers may exhibit.

• Lead is a toxic metal that can cause brain, blood, and nerve disorders.
• Lead poisoning can happen to any person at any age.
• Young children are extremely vulnerable to lead poisoning because their developmental systems are still growing. Low levels of lead can cause permanent damage in the nervous system, hyperactivity, and learning and behavioral disorders. High levels of lead can cause mental retardation, coma and even death.
• People who live in poor or disadvantaged neighborhoods, where the housing is usually older, are at higher risk for lead poisoning. Also, people who live in disadvantaged neighborhoods usually have poorer nutrition, which makes lead more easily absorbed into the bloodstream.
• Pregnant women and their unborn children are vulnerable to lead poisoning; any lead that is trapped in a woman’s bones from when she was younger will flow back into her bloodstream when she is pregnant because a fetus absorbs calcium from its mother’s bones.
• A person who has lead poisoning may have few or no symptoms. The only way to properly diagnose lead poisoning is by a blood test.
• A person can be lead poisoned in various ways: ingesting flaking or chipped lead paint, inhaling lead dust, eating vegetables that were grown in lead-contaminated soil, drinking lead-contaminated water, or consuming food or liquids on earthernware that is covered with a lead-based glaze.
• According to the Centers for Disease Control and Prevention, “lead poisoning is one of the most common and preventable pediatric health problems in the United States.”

Lead is not an element that your body needs in order to function properly. Lead’s toxicity lies in its ability to replace metals such as calcium, iron and zinc that combine with enzymes to perform certain reactions in the body. Due to the fact that lead has a different chemistry than any of the other three aforementioned metals, it inhibits the enzymes’ effectiveness. Lead inhibits two of the enzymes that are instrumental in producing heme, which is found in hemoglobin in the blood. Lead causes anemia when it interferes with the production of heme. This ability to replace key metals is why children and adults with calcium, iron or zinc deficiencies absorb more lead and, therefore, are more severely poisoned than people who have diets rich in calcium, iron and zinc.

Once the body ingests lead, whether through the nose or the mouth, the toxic element is absorbed into your blood. The body gets rid of lead very slowly resulting in its accumulation in tissues and organs such as the heart, kidneys, liver, bone marrow and brain. 95% of absorbed lead is deposited as a lead phosphate complex in the bones. Due to this fact, a pregnant woman who was exposed to lead when she was younger can pass lead along to her unborn child when the fetus draws calcium from the mother’s bones. Over time, some of the lead can leave your bones, enter your bloodstream and wreak havoc on your organs once again.

Lead poisoning can be difficult to diagnose because its symptoms are common for other illnesses. Here is a list of symptoms that your child might have to indicate that he or she has been lead poisoned:

• Irritability
• Stomach pains
• Dizziness
• Constipation
• Headaches
• Fatigue
• Sleeping problems
• Hyperactivity
• Vomiting
• Lack of Appetite
• Muscle weakness
• Hearing problems

If lead poisoning is ignored for a long period of time, your child could suffer permanent neurological damage, behavioral and learning problems, and eventually death.

Your child may have any number of these symptoms or no symptoms at all. The only certain way that you can know if your child is suffering from lead poisoning is by a blood test. If you suspect that your child has been exposed lead paint, have him or her screened as soon as possible.