Hearing Ordered on Blood Test Results

February 1, 2002

LVT Number: 15575

Tenant sued landlord, claiming that her baby got lead poisoning from paint chips in the apartment. As proof, tenant showed medical records for treatment of lead poisoning symptoms and blood test results indicating lead poisoning. Landlord claimed that there wasn't sufficient proof. The blood test that tenant relied on was tainted because lead was found in the container. Two other blood tests showed lead levels below the lead poisoning level. The court ordered a hearing at which both sides would present expert witnesses to discuss the scientific reliability of the ''tainted'' blood test.

Tenant sued landlord, claiming that her baby got lead poisoning from paint chips in the apartment. As proof, tenant showed medical records for treatment of lead poisoning symptoms and blood test results indicating lead poisoning. Landlord claimed that there wasn't sufficient proof. The blood test that tenant relied on was tainted because lead was found in the container. Two other blood tests showed lead levels below the lead poisoning level. The court ordered a hearing at which both sides would present expert witnesses to discuss the scientific reliability of the ''tainted'' blood test.

Clotter v. NYCHA: NYLJ, 1/2/02, p. 19, col. 4 (Sup. Ct. Bronx; Giamboi, J)

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