Baltimore City Lead Poisoning Recovery Act

March 16, 2009 by  
Filed under Blog

UPDATE: Please note that House Bill 1156 died in committee and it is unclear whether it will be reintroduced in the next legislative session

This week, the Maryland House Judiciary Committee is scheduled to consider new legislation which would make it easier for individuals who were injured by elevated lead levels to obtain compensation through a Baltimore city lead paint lawsuit.

The Baltimore City Lead Poisoning Recovery Act, House Bill 1156, is designed to enable property owners and victims of lead poisoning in Maryland to file a lead paint lawsuit against the various manufacturers who used the additive in paint they sold under a “market-share liability” theory. This would allow Baltimore City lead poisoning victims to file a lawsuit, even in situations where it is impossible to identify the specific manufacturer who caused their injury.

According to an article in the Maryland Daily Record from March 6, 2009:

[Baltimore City Del. Samuel I. "Sandy"] Rosenberg’s proposal would require poisoned individuals or landlords suing to recover remediation costs and lost rent to show that the lead-pigment manufacturers listed as defendants made, produced marketed or sold their product in the relevant Baltimore area before the poisoning occurred. If a judge or jury finds for the plaintiff, damages would be apportioned among the lead-pigment manufacturers based on their share of the relevant market.

Supporters of Rosenberg’s measure say it would make it easier to recover damages because the plaintiffs could recover against manufacturers to the extent they contributed to the general risk of lead poisoning. Many plaintiff attorneys say it is nearly impossible in Maryland to recover damages in these cases because of the immense difficulty in proving that a specific paint caused the poisoning.

A similar bill was defeated last year by corporate lobbying groups, but that legislation would have allowed lead paint victims throughout the state to file lawsuits without identifying the specific manufacturer of the paint used in the property. The current legislation would only apply to Baltimore City, which has the largest number of reports of lead poisoning in Maryland, accounting for roughly 70% of the elevated lead level blood tests were found for the entire state in 2007.

In recent years, the overall number of Maryland lead poisoning cases are down, but problems associated with lead paint continue to cause substantial health issues in Baltimore City. If young children or infants inhaled lead paint dust or ingested paint chips that flaked off of the walls, it could lead to long term health issues throughout their life, including:

  • Brain Injury
  • Damage to the Nervous System
  • Seizures or Convulsions
  • Decreased Growth Rate
  • Mental Retardation
  • Coma
  • Death


If your child, a friend or family member have been diagnosed with elevated lead levels or lead poisoning in Maryland, request a free consultation and claim evaluation with our Baltimore Lead Poisoning Lawyers.

St. Joseph Hospital Legionnaires Disease

March 11, 2009 by  
Filed under Blog

Patients and employees at Towson’s St. Joseph Medical Center have been warned not to use the hospital’s water supply after the presence of Legionnaires’ disease-causing bacteria was found in the hot water supply. Read more