Virginia Injury Lawyer Blog

Don't Judge a Case Solely by How Much Lead is in the Blood

Lawyers with lead poisoning cases frequently attempt to equate the amount of lead in a child’s blood with case value.  Blood lead is typically measured in micro grams per deciliter.  In 1991, a national, federal standard of 10 was set by the Center for Disease Control (CDC).  However, most health departments would not begin to investigate cases until a child’s level hit 20, and would not give a child medication to lower their lead levels (which medication has its own risks) until levels reached the 40’s or above (these cases are referred to in the field as “chelation cases”, a reference to the type of medication that is administered).  The higher the blood lead level, the greater the risk of severe injury, including brain swelling, coma, and death.  The question then arises as to whether there is some sort of fixed relationship between blood lead level and case value. There is no clear association.  In a recent case I handled here in Virginia, one and only blood test was 26 micrograms per deciliter -- a modestly high level, but one that did not justify chelation therapy. Far more important are the problems that a child has developed as a result of lead.  So, how low can you still prevail?  Look at the absolute lead level as one, and not as a definitive factor in a case.

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