$2.7 Million Settlement for Brooklyn Child Poisoned by Lead Paint in NYCHA Apartments

A toddler living between two Brooklyn apartments managed by the New York City Housing Authority was two years and ten months old in August 2016 when a routine blood test returned a blood lead level of 33 micrograms per deciliter. Her mother had found her eating paint chips inside the unit. The New York City Department of Health had inspected both apartments and identified lead paint, but NYCHA challenged those findings and the agency accepted the pushback.

With the official inspection findings neutralized, NYCHA moved for summary judgment, arguing the family could not establish that the lead in the child's blood came from NYCHA's own apartments. The firm opposed that motion. Over the course of eight years it deposed NYCHA's lead department supervisor and its inspectors, subpoenaed records from the New York City Department of Investigation documenting the breadth of NYCHA's lead-inspection failures, and filed multiple motions to compel when the housing authority delayed producing discovery. Adam Orlow argued the opposition to NYCHA's summary judgment motion. The court denied the motion in full, finding questions of fact and conflicting expert opinions that only a jury could resolve.

By the time the case reached settlement, the child was twelve years old and in seventh grade but functioning well below grade level. She could not state the date, perform basic arithmetic, or distinguish coins. She was enrolled in an Individualized Education Plan, received daily resource-room support, and carried documented learning disabilities in reading, writing, and math. The firm's pediatric neurology expert concluded, to a reasonable degree of medical certainty, that her childhood lead exposure was the overwhelming contributing factor in her cognitive and academic delays, and that the damage is permanent.

In October 2025, NYCHA agreed to a $2.7 million structured settlement. The structure combined up-front funds with annuities designed to deliver guaranteed periodic payments across the client's lifetime, allocated toward supervised living, medical care, and supplemental income. The case was handled by Brian S. Orlow, Managing Partner, with Adam Orlow arguing the motion that turned the case.