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Virginia Supreme Court brief on the issue of the availability of a negligence per se cause of action for violations of the Uniform Statewide Building or BOCA code...
Posted on 1/16/2009
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Lead Poisoning

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Lead Poisoning

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Over the past few decades, there have been significant measures taken to reduce the risk of poisoning through exposure to lead. Our cars are now required to run on unleaded gasoline. The use of lead-based paint is now banned.

We have limited our exposure to lead for a good reason: lead is a toxic substance that can adversely affect brain development in children, damage the nervous system or kidneys, or even result in death.

Lead is not a substance that simply disappears. It can remain in an environment for years, slowly but steadily building up in the bloodstream and tissue of those who are repeatedly exposed to it, while the victims are usually unaware of the danger that they are in until it is too late.

Symptoms

We now know that children suffer from permanent brain damage with even extremely small amounts of lead in their blood. The American Academy of Pediatrics calls the situation unacceptable and has called for more action to eliminate this problem once and for all. Children suffer greatly from exposure to lead. In large doses, this toxin can cause permanent physiological damage, but even in small doses, the effects can last a lifetime. Brain and nerve function in young victims can severely alter a child’s ability to learn and perform. Teachers reported that students with elevated tooth lead concentrations were more inattentive, hyperactive, disorganized, and less able to follow directions. Additional follow-up of some of those children showed higher rates of failure to graduate from high school, reading disabilities, and greater absenteeism in the final year of high school. Elevated bone lead concentrations are associated with increased attention dysfunction, aggression, and delinquency.

Examples of Lead Contamination

Paint: Many people believe that the problem with poisoning from lead-based paint must have been solved years ago. Unfortunately, nothing could be further from the truth. The United States still has 24 million homes with lead-based paint. Over time, lead-based paint slowly chips and flakes, which causes lead dust to float in the environment, putting occupants at great risk.

Soil: Lead and other heavy metals can easily contaminate soil and groundwater they come into repeated contact with. Areas around foundries or manufacturing plants can easily become contaminated and can remain so for decades. Not only does this lead enter into the environment through disposal of industrial waste, but also through smokestack emissions.

Water: With the known dangers of lead poisoning, it would seem to be an obvious matter of public safety to replace any municipal water pipes that contained lead. Unfortunately, many cities and towns have simply left old pipes in use, either for cost-cutting measures or because they were sadly unaware that the pipes were in bad condition. For example, Washington, D.C. had 23,000 lead pipes in use for municipal water service, and is still in the process of replacing them.

Richard Serpe: Experience for Lead Poisoning Cases

When someone is a victim of lead poisoning, the effects can be long lasting, particularly in children. Child victims often suffer developmental disabilities that can make adjusting to a normal life practically impossible.

Through no fault of their own, the victims of lead poisoning are experiencing pain and suffering, extensive medical bills, and a life that will never be the same. Those responsible for this are playing pass the buck. The manufacturers dispute the science, or the landlords blame the maintenance company, or the attorneys and insurers offer settlements that are a fraction of what is fair or reasonable.

Over the years, Richard Serpe has gained a reputation as being a fierce advocate for the rights of those who have suffered from the careless pollution of their environments. He made history in Virginia when he received a $2,000,000 verdict, which is the largest verdict in the state for a victim of lead poisoning. He has successfully argued for his clients before state and federal courts and has dedicated his career to helping the victims of environmental poisoning receive fair and just treatment.

If your children have suffered from lead poisoning, and you feel that your needs and concerns are not being taken seriously, contact the Law Offices of Richard Serpe for a free legal consultation today.

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Library for Lead Poisoning:

Supreme Court Brief regarding the availability of a negligence per se cause of action for violations of the Uniform Statewide Building or BOCA code [PDF]
Description: The Law offices of Richard Serpe obtained a writ from the Virginia Supreme Court on the issue of the availability of a negligence per se cause of action for violations of the Uniform Statewide Building or BOCA code.

The case was subsequently settled by the insurance carrier for the full amount of the insurance policy. Our firm is happy to assist in the development of this important area of law.
National Lead Poisoning Prevention Week - October 19-25
Description: The national goal of the U.S. Department of Health and Human Services is to "eliminate childhood lead poisoning in the United States by 2010."
Is Brain Damage from Lead Permanent?
Description: review of key studies that help answer question "Is brain damage permanent?" by Lead Poisoning Lawyer Richard J. Serpe
LeadCheck Swabs Have 64% Failure Rate
Description: A company called Hybrivet Systems has been selling a lead detection kit since 1992. A recent study shows that their LeadCheck system has a very high failure rate.
EcoNugenics Develops Safe Antidote for Lead Toxicity in Children
Description: Virginia Lead Litigation Attorney Richard Serpe, is delighted to share this news: EcoNugenics has developed a safe antidote for Lead toxicity in children.
Testing for Lead in Consumer Items for Children fact sheet from National Center for Healthy Housing can help victims of lead poisoning [PDF]
Description: The recent recalls of children’s toys, jewelry, clothing and other products have prompted consumers to seriously consider what lead hazards may be in their homes. When it comes to lead, the greatest hazard is most likely invisible lead dust from deteriorated lead-based paint. If you live in a home built before 1978, have a licensed lead risk assessor check your home. Parents or caregivers should consult their child’s pediatrician about getting a blood lead test if they believe their child may have been exposed to lead.
Litigating Claims for Lead Poisoned Children [PDF]
Description: On October 14th, 2007, Judge John Morrison of the Norfolk Circuit Court awarded Chauncey Freeman $1,500,000 following a bench trial. This was only the second verdict for a lead poisoning victim in Virginia. This case brought together a microcosm of the
issues faced by litigators evaluating and representing victims in lead poisoning cases. This paper presents 10 key lessons that are essential to success in this specialized type of litigation.
Think lead poisoning is all media hype? Think again!
Description: Don’t believe that lead poisoning is really a problem? It is – that’s no lie. In fact it isn’t just an issue in the United States, it is in fact a very serious problem world-wide – particularly in developing nations. The statistics are shocking, and some of the numbers may actually make you an advocate for those stricken by lead poisoning. The Virginia based law office of Richard J. Serpe, P.C. is passionate about preserving the rights of individuals and families affected by lead exposure. Contact us today if you need a knowledgeable legal team to fight for your rights.
Recall Madness – Who is Testing Our Toys?
Description: Toy recalls have dominated the news over the last few months, and parents and caregivers are wondering what the government and toy manufacturers are doing to ensure product safety. This article from the law offices of Richard J. Serpe, P.C. reveals some surprising facts, such as the legal use of lead in plastic toys and limitations of the CPSC’s oversight. Don’t take chances with your family’s health. If you are concerned about toxic toys and lead poisoning, contact Richard Serpe immediately for a no cost and no obligation consultation.
Lead Exposure – Symptoms, Treatment, and Advice for your Family
Description: If you suspect that you or somebody in your family – a child, perhaps – has been exposed to lead, you may be wondering what to do now. What are the symptoms? Are there tests you can do yourself? What tests can your doctor or pediatrician run for you? What is the treatment for lead exposure? Are there any long-term health effects? The law office of Richard J. Serpe has put together this helpful summary of facts for anybody who is worried about lead exposure.

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Frequent Questions for Lead Poisoning:

Should I buy an old house that has lead based paint? What if it is in good shape?

Web Resources for Lead Poisoning:

Lead Testing Options for families worried about lead
Description: Recent recalls of children’s products including toys and clothes have concerned consumers wondering what lead hazards could be in their homes and around their children. The greatest hazard from lead is most likely invisible lead dust from deteriorated lead-based paint. Any home built before 1978 may very well have contained lead paint and may contain dust remnants from that paint and should be tested. Parents should talk to their children's doctor about getting a blood lead test if there is a possibility that their child may have been exposed to lead.
Toys N' Tots Lead Detection was founded after increase of lead toy recalls in US
Description: Toys N’ Tots Lead Detection and Home Safety was founded in the fall of 2007 in response to the recent increase in toy recalls due to lead. Upon conducting its own market research, TNT found that it is a logistical impossibility for any government agency, be it local, or federal, to inspect all of the potentially dangerous toys coming into the USA from countries like China
Newsletter HUD's Office of Healthy Homes and Lead Hazard Control
Description: The Office of Healthy Homes and Lead Hazard
Control (OHHLHC) offers an electronic quarterly newsletter. The goal of the newsletter is to promote healthy homes principles, including best practices, research findings and education/outreach initiatives.
National Center for Environmental Health, Childhood Lead Poisoning Prevention
Description: CDC’s Childhood Lead Poisoning Prevention Program is committed to the Healthy People goal of eliminating elevated blood lead levels in children by 2010. CDC continues to assist state and local childhood lead poisoning prevention programs, to provide a scientific basis for policy decisions, and to ensure that health issues are addressed in decisions about housing and the environment.
Coalition to End Childhood Lead Poisoning
Description: The Coalition to End Childhood Lead Poisoning is dedicated to preventing childhood lead poisoning through advocacy, outreach and education. Working in partnership with the community, the Coalition is committed to ensuring that all children grow up in healthy, affordable lead-safe housing and that community based solutions for lead safe housing are implemented which will result in healthier children and healthier communities.

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Our lawyers are available to assist on cases occurring in Virginia, Texas, Louisiana, and are associated with lawyers with whom they work in assisting clients in Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming, Alabama, and District of Columbia.

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Law Offices of Richard J. Serpe, P.C.
580 East Main Street
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Norfolk, VA 23510
Phone: 757-233-0009
Fax: 757-233-0455
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FAQs

Lead Poisoning

Should I buy an old house that has lead based paint? What if it is in good shape?