A Complete Guide to Lead Paint Poisoning Litigation

Rating:
Summary: For the technically inclined litigator
Review: This book is a decent review of an emerging toxic tort. It includes checklists, some history, the statutory and regulatory framework and a state-by-state review of the (now dated) caselaw. Pb is spread, not as thinly as we would hope, over the entire US landscape. We ingest, respire, and expire due to the physiological and neurological effects of this dull grey metal in its many forms.

It is a shame that this fine little book does not investigate, nor comment upon, the technical mechanisms of forensic identification of lead contamination.

This element has substantial bioavailability and thereby concomitant morbidity, mortality and teratogenicity.

The nature of Pb in the environment is that there are few ways to avoid some exposure. Absent some massive change in the way we use Pb, store Pb, remediate Pb and protect our children from Pb, this is the next wave of toxic tort litigation.

Pb is an interesting element. It has many, many forms in nature. The most common forms found in the mining process are "pure" lead, lead acetate, lead oxide and lead sulfide. Bioavailability is determined by the state of the element when it is ingested.

An interesting fact about the element is that the various lead ores found in Pb mines have very different and varying proportions of lead isotopes, depending upon the nature of the deposit. Some naturally occurring lead isotopes are radioactive, and decay by emitting an alpha particle (4He nucleus). Alpha particles are positively charged and are ejected at a high velocity. They are much heavier than beta particles (electrons), and given their high velocity, have a much greater ability to penetrate materials. As alpha particles collide they can strip electrons from atoms in the adjoining matrix. Low alpha lead is the "gold" of the grey metal market and is highly sought after by the computer industry (the fewer internal nuclear interactions in a complex circuit, the more reliable it is) at a premium price.

Lead can be tracked back to the mine it came from, if the search is made with diligence and an understanding of the chemistry, ore strata and isotope state of lead. One isotope of lead (204 Pb) is "primordial", or the "low alpha" isotope; it does not result from the decay of transuranic elements. Other isotopes are "radiogenic", being either fairly stable ( 206 Pb, 207 Pb, and 208 Pb) or radioactive and unstable ( 210 Pb, 211 Pb, 212 Pb, and 214 Pb) decay products of Uranium and Thorium isotopes. Isotope ratios and chemical state are the forensic tools of the lead litigator.

If you want to prove up your damages (or defend against them) the source of the contamination must comport well with the bioreserve in the victims. As is the case in most toxic tort litigation causation is usually shown by circumstantial evidence and limited forensic proof (usually provided by a treating physician and a neurological expert). The defenses to the tort are that Pb is ubiquitous in our environment and that primary toxicity does not equate to any one mechanism of delivery. You could argue that the victim does not have Pb poisoning, but even the defense experts will have to admit the presence of the element in the tissues of the victim. For either side in litigation, having a complete analysis of the chemistry and isotope ratios of the contaminated tissue will provide either litigation team with a far higher level of confidence in the result.

Rating:
Summary: Boulhosa's tour de force performance!!
Review: When I was sued for causing the lead poisoning of a young urban child with an attractive mother, I had no alternative but to fight on. Mike Boulhosa's book really helped me along. I showed that plaintiff's attorney, who bore an uncanny resemblence to the late great Captain Kangaroo, who was boss!! This book should be considered a self-help guide because by being able to combat lead poisoning claims, I gained the confidence I lacked in everyday life. I now walk with a spring in my step because I can turn to that book as my personal affirmation. Thank you Mike Boulhosa.

Mr. C