Children & Lead Paint

Lead poisoning is the No. 1 environmental threat to the health of children in the United States, according to the U.S. Department of Health and Human Services. According to the most recent survey, 4.4 percent of all U.S. children ages 1-5 have levels of lead in their blood that equal or exceed the threshold level of concern established by the federal Centers for Disease Control. The prevalence of elevated blood lead levels remains disproportionately high among some groups, such as children living in large urban centers (5.4 percent) or in low-income families (8.0 percent), and among non-Hispanic black children nationwide (11.2 percent). The highest prevalence of elevated blood-lead levels reported (21.9 percent) occurs among non-Hispanic black children living in housing built before 1946.

Lead was banned in U.S. residential paint in 1978, and banned in France and many other countries as far back as 1920. Today, three-quarters of the nation’s housing contains lead paint, and children aged 6 and under are most at risk. Their developing bodies and brains are sensitive to even small amounts of lead, which can leave children with irreversible injury that does not appear until many years after the exposure to lead.

Lead-based paint can also be found in soil around homes as a result of peeling and chipping paint and remodeling activities, such as sanding and scraping of paint. Soils near roads may contain lead dust from automobile exhaust deposited before leaded gasoline was phased out. People track this soil into homes where children play on the floor, and sometimes children play in bare soil contaminated with lead.

Lead can also be found in lead pipes or solder, imported or older ceramics and pottery, certain hobbies and folk medicines. Parents who work in lead-related industries can bring lead home on their clothing, exposing children to the hazard.

New York State Public Health Regulations require all health care providers to test all children for blood lead levels at age 1 and again at age 2. In addition, health care providers are also required to evaluate all children 6 months to 6 years of age for risk of lead exposure each year as part of routine care. Children found to be at risk for lead exposure should have a lead test. If a child has an elevated lead level, the health care provider must make certain the child has follow-up testing. Providers must also provide guidance on lead poisoning prevention, risk reduction and nutritional counseling to the parent or caregiver of children age 6 and younger.

Seek immediate medical attention if your child shows symptoms of any of the following:

• Learning disabilities
• Brain damage (sometimes subtle)
• Loss of IQ points and intellect
• Academic failure
• Neuropsychological deficits
• Attention deficit disorder
• Hyperactive behavior
• Antisocial (criminal) behavior
• Neurological problems
• Encephalopathy (brain swelling)
• Major organ failure
• Coma
• Death

The early symptoms of lead poisoning are easy to confuse with other illnesses, and difficult to diagnose without medical testing. In communities where the houses are old and deteriorating, take advantage of available screening programs offered by local health departments and have children checked regularly to see if they are suffering from lead poisoning.

Understanding Your Child’s Lead Level

The current blood lead level which defines lead poisoning is 10 micrograms of lead per deciliter of blood. However, since poisoning may occur at lower levels than previously thought, various federal agencies are considering whether this level should be lowered so that lead poisoning prevention programs will have the latest information on testing children for lead poisoning.

The national goal for lead exposure, set by the National Centers for Disease Control, is to have 95 percent of all children with blood lead levels below 10 micrograms per deciliter. However, some studies show that the presence of lead contributes to a greater decline in IQ levels between 5 and 10 micrograms per deciliter than it does between 10 and 20 deciliters.

Some guidelines:

• Frequently wash hands, pacifier, toys and other items that may go in the mouth.
• Feed children nutritious low-fat meals high in calcium and iron.
• Flush water from tap for two minutes before drinking.
• Use cold tap water to prepare baby formula.
• Do not allow children or pets to play in dirt within three feet of the house’s foundation.
• Wipe dust from horizontal surfaces (counters, tables or floors) with a wet cloth or mop.
• Use a doormat to wipe feet or remove shoes to keep dust out of the house.
• Remove imported vinyl mini-blinds from areas frequented by small children.
• Keep children away from paint chips and lead dust.
• Learn if your home contains lead-based paint.
• Contact your local health department for guidelines on remodeling a home with lead-based paint.
• Avoid candy from Mexico or other countries that contains tamarind and/or chili.
• Avoid storing or cooking food in traditional, handmade pottery from Mexico.

If your child or your family member has been exposed to lead or lead-based products, or you have experienced lead poisoning symptoms, you may be eligible to file a claim against those who used or provided lead based products. Know your legal rights. Contact the attorneys of Belluck & Fox LLP. We will provide you with fast, personalized and professional legal representation.