One alone was bad enough, but guardians of 9-year-old Kenneth Murphy can site two cases of lead paint and lead paint dust poisoning from two different homes in Chicago that the child resided in, per the Herald Review. The ensuing emotional, cognitive and psychological injuries have prompted a lawsuit filed in Macon County Circuit Court against the two separate landlords.
The first home, where the Murphy family resided in 2003, was at 833 E. Main Street, and owned by Roop Agarwal of Hawthorn Woods. The second, in 2005, was at 733 S. 17th Street, and owned by Thomas James Properties Inc. of Chicago. Each defendant is being sued for over $50,000.
The high levels of lead in Kenneth's blood found in each case prompted the Macon County Health Department to investigate. Lead hazards have subsequently been removed from both homes he shared with parents Shanta Hood and Kenneth Murphy Sr. Janice Cole was appointed guardian of the youngster's estate.
Their attorney, William Faber, is no stranger in seeking favorable rulings to ensure safety laws are enforced in Macon County. This is his third case against Chicago landlords. In 2004, his filing on behalf of twins Michael and Mikala Price continues in the courts after surviving two reversed dismissals. The next case, in 2006, was filed on behalf of Deonte Drake, and the jury favored the landlord with a ruling in 2008.
The New York Times has also reported a case for a 2 ½ year-old boy, Carlos Espinoza, this past April. His blood sample showed more than double what the federal government considers cause for concern about poisoning.
Even though most consider lead poisoning something of the past, attorneys like Faber are working diligently to increase awareness. The Times continued to report that while it's true that the problem has decreased, the Centers for Disease Control and Prevention have tried to set a goal of completely eradicating it.
Even federal health officials can't change the fact that older and poorly maintained buildings remain the principal hazards in these poisonings. Many jurisdictions operate without the lead hazard laws requiring landlords to examine for any lead-based paint when they are rent to families with children.
In two different surveys, one that measured which landlords were noncompliant and which followed any of the law's provisions, 120 tenants in Bushwick, Brooklyn, found their landlords lacking.
Increased testing, tougher legislation, bans on lead-based paint in the 70's and leaded gasoline in the 90's, elicited marked declines in poisoning cases reported. But it still remains that children younger than 6 continue to be the most vulnerable. In 2006 approximately 120,000 tested positive.
All of this is taken into consideration in the case of 3rd grader, Kenneth Murphy. It may be remarkable that the boy was exposed not once, but twice, to poison. But that only doubles the concern about parents forced to raise their young children under these conditions; where the landlords continue to fail to protect them. Thankfully Faber has vowed to continue filing the lawsuits to bring about change.
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