June 23, 2006

$825,000 for Lead-Paint Ingestion

A mother who claimed that her son's cognitive defects were due to ingestion of peeling lead based paint accepted $825,000 on June 7 to settle her suit against a landlord. Jonathan Rodriguez will receive monthly payments of $2,968 at age 18, which likely will yield more than $6 million.

According to the suit, Teresa Perez asked her landlord, Maurice Wolfe, to remove the peeling paint when Jonathan was 2 years old. After six months went by with no response, a test showed such high levels of lead that Jonathan was hospitalized for removal of the lead.

Perez sued in Hudson County in 2003 over Jonathan's neurodevelopmental disabilities, cognitive defects and learning disabilities.

(This information appeared in the New Jersey Law Journal)

June 16, 2006

Family of boys burned in van fire, Injuries

Scarred by a fire in their mother's minivan in 2002, the four Bigelow brothers of Georgetown will each receive undisclosed monthly cash payments for the rest of their lives under a settlement approved Tuesday in a federal court in Austin.
The brothers — Brandon, 11; Jerry Nicholas, 9; Justin, 8; and Sean, 5 — were burned after one of them set the fire when their mother, Veronica Bigelow, left them briefly alone in the van Nov. 12, 2002.
A year later, the boys' father, Jerry L. Bigelow of Bastrop, sued the importer of the lighter used to start the fire, New York Lighter Co. Inc., claiming product liability and negligence.
U.S. District Judge Lee Yeakel approved the settlement.
The terms were not stated in court, and Yeakel ordered documents containing the settlement amount sealed, but he described it as a "substantial amount of money."
Outside court, Jerry Bigelow said that the boys are doing well, though Sean, the most seriously injured, is old enough to begin to feel different because he has no fingers and his skin is scarred.
"He's starting to feel the full impact of what happened to his body," he said.
The boys will be paid different amounts based on the severity of their injuries, according to hearing testimony. Jerry and Veronica Bigelow, who have joint custody of the children, will not receive any money under the settlement but will have access to a special fund set up to help with expenses related to the boys' medical care.
Lawyers in the case said that a jury could have gone either way.
~Steven Kretak, American Statesman

December 13, 2005

$6.56M for Infant Struck by Falling Sign

On Feb 1997, infant Alexander Arce was struck by a 30 inch Plexiglas sign at the Children’s Place in Quakerbridge Mall. Young Arce was left with fractures in his skull, damages to the left side of his brain and left him with comprehension and reading difficulties.

The Plaintiff argues that poor design and manufacturing deficiencies led the sign to fall. Judge McManimon approved the settlement between the store’s insurers and the sign manufacturer.

(This information was obtained from the New Jersey Law Journal)