Without a thorough understanding of the key issues in every lead poisoning case, the likelihood of a favorable outcome is low. I have listed below the biggest mistakes that attorneys make when litigating their first child lead poisoning case.
1
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.
2
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.
3
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.
4
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.
5
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.
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