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Litigating Claims for Lead Poisoned Children

Written by: Richard James Serpe

Reputation Level 6

Lawsuits

Posted about 3 years ago. 3 helpful votes, 0 comments

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Thinking that a lead poisoning case is just a regular premises liability case that can be easily learned and litigated.

The learning curve on these cases is extremely high and presents a number of issues that if not properly discovered and analyzed can be fatal to a case. It is essential to have a thorough understanding of the federal, state, and local laws applicable to the claims before a suit is filed and necessary to serve specific and targeted discovery on the defendants. Simply put, the standard discovery methods used in general premises liability claims will not work.

Underestimating the cost of litigating a case

A properly worked up child lead poisoning case will cost as much, or more, to litigate than a complex medical malpractice case.

Choosing the wrong experts.

A properly litigated lead poisoning case often requires the retention of a pediatric neuropsychologist, a pediatric neurologist, a pediatrician, an industrial hygienist, and a vocational rehabilitation expert. Many experts who are qualified for other cases, like traumatic brain injury cases, simply do not have the experience and knowledge to give scientifically reliable opinions in a child lead poisoning case. Attorneys who specialize in these cases, like Richard Serpe and me, utilize the top trial tested experts in the country most of whom are inaccessible to attorneys that do not have a prior relationship with them.

Being unable to impeach defense experts

The defense experts have been cultivated and groomed by experienced defense attorneys and the lead industry over the years. An attorney without a comprehensive understanding of the medicine and science and without a library of the defense experts’ former testimony stands no chance with cross-examination. This is difficult even for the most experienced child lead poisoning attorney.

Not understanding the medicine and science

The medical and scientific literature on the issues of injury, causation, and damages is robust. A thorough reading and understanding of the literature is essential. Experienced child lead poisoning lawyers have their own library of these important publications and do not rely on a Google or Yahoo search for “lead poisoning” for their literature search.

Being unfamiliar with key insurance issues

It is essential to have a complete understanding of insurance coverage issues relating to lead poisoning. Many attorneys without this knowledge pursue cases in which coverage is not available and in other cases do not pursue coverage that is available. This results in spending a lot of money on cases with little likelihood of recovery or settling a case for substantially less than the available insurance coverage.

Not being able to properly identify all potential damages

The ability to identify all potential damages is the key for achieving the best result for your client. Many attorneys are not familiar with the more subtle aspects of damages in a child lead poisoning case and do not properly pursue such damages.

Thinking that insurance companies settle cases easily

Insurance companies and their lawyers fight these cases with a vengeance. Every case must be worked up for trial.

Not recognizing all potential defenses

There are number of unique defenses raised in child lead poisoning cases. The failure to recognize them, understand them, and act proactively against them, will be fatal to your case.

Not associating with an experienced child lead poisoning lawyer

Lawyers who decide to learn as they litigate usually end up destroying their client’s case before they attempt to associate with an experienced child lead poisoning lawyer. Most lawyers will do a better job for their client and themselves by either referring the case out to an experienced lawyer or associating with that lawyer before suit is filed.