Prevalence In New York

In 2004, the New York State Department of Health reported high annual screening rates for children under age 6 across most areas of the state (excluding New York City).  State analysis indicated that 62 percent of children born between 1994 and 1999 received a blood screen by 24 months of age. An additional 30 percent of children were screened with a blood lead level after age 24 months, for an overall screening rate of 92 percent by age 6. In the year 2000, 76 percent of children enrolled in Medicaid Managed Care plans were screened for blood lead levels by 24 months of age.

Of the children found to have non-elevated (<10 mcg/dL) blood lead levels on initial screen, approximately one-third were screened a second time. Among those screened a second time, 8 percent were found to have a newly elevated blood lead level at or above 10 mcg/dL on second screening, emphasizing the importance of a second screening test even when an initial screening test is negative.

However, the rates of children with elevated lead levels varied geographically across the state. The state Department of Health attributed much of this variation to the age of housing, use of leaded paint, poverty rates of communities, and property values. Analysis of data in large geographic areas was found to have masked smaller populations with relatively high rates of elevated blood lead levels.

To more easily identify geographic areas with high rates of children with elevated blood lead levels, an analysis of zip code level data was conducted for all zip codes outside of New York City. Thirty-six of the state’s approximately 1,700 non-New York City zip codes were identified as having at least five new cases per 100 children screened, or a less than 5 percent incidence rate. These 36 “high incidence” zip codes comprise only 2 percent ff the state's zip codes outside of New York City, but accounted for 41 percent of all the children who were identified with elevated blood lead levels outside of New York City.

Among counties with one or more high-incidence zip codes, the high-incidence zip codes accounted for almost half of these counties' overall incidence rate. Not surprisingly, these 36 high-incidence zip codes have a substantially higher proportion of pre-1950 housing stock (59 percent) than the statewide (37 percent) and county figures.

New York City rates far higher

Childhood lead poisoning continues to be a serious public health problem in New York City. In 2003, 3,490 city children less than 6 years of age were newly identified with elevated blood lead levels (≥ 10 μg/dL). In the same year, 487 NYC children less than 6 years of age were newly identified with blood lead levels at or above the Environmental Intervention Blood Lead Level.

A December 2005 report was prepared by the New York City Department of Health and Mental Hygiene Lead Poisoning Prevention Program with input from other city agencies and from the department’s Lead Poisoning Prevention Technical Advisory Committee. It stated that in New York City alone, more than 35,000 children were newly identified as having elevated blood levels over the last five years.

The numbers are likely far higher, since less than a third of children are actually tested – tests required by state law.

Lead poisoning particularly afflicts children of color, who represent nearly 95 percent of the victims in New York City. Why? Efforts to provide an adequate supply of lead-safe housing for children are complicated by the severe shortage of affordable housing in the city, and the 26 percent poverty rate among children less than 6 years of age.

In addition, lead-based paint is not the only sources of lead exposure for New York City children. In some cases, children are exposed to lead in their country of origin and come to the United States with lead poisoning. In other cases, lead exposure in the U.S. occurs through the use of imported products that contain lead.

Belluck & Fox LLP works for children and families of those who suffer from lead poisoning in lawsuits for money damages. While the damage caused by lead poisoning is permanent and unrecoverable, economic recovery can help a victim receive special education, occupational therapy, medical care and other support.  As with other personal injury and toxic tort cases, lead-paint poisoning cases demand the attention of attorneys experienced with lead poisoning lawsuits.

Know your legal rights. If your child or your family member has been exposed to lead-based products such as chipping lead paint, or you have experienced lead poisoning symptoms, you may be eligible to file a claim. Contact the attorneys of Belluck & Fox LLP.