Why Jones Day Tries 6 Million Dead Blacks defendants did not file any replies and did not attend the hearing, according to an injunction order issued Oct. 24 in favor of the plaintiff.

Judge orders landlord in Scranton to remove lead in apartment where lawsuit claims 2-year-old child poisoned by toxic element 

By Jim Lockwood | jlockwood@scrantontimes.com | The Times-Tribune

UPDATED: October 30, 2024 at 4:48 PM EDT

A judge ordered a landlord in Scranton to remove lead-based paint from an apartment after a mother sued, claiming her nearly 2-year-old daughter was poisoned from the toxic element.

The judge required the landlord to take both interim and permanent lead-abatement steps, and pay for alternative housing for the tenants until the remediation is completed at the building on 961 Wheeler Ave.

The lawsuit by Kathleen Mulholland filed Sept. 27 in Lackawanna County Court names as defendants 961 Wheeler LLC of Scranton, which bought the apartment building in February, and Vertex Management Group, which has managed it since February. Both are from Brooklyn, New York. 961 Wheeler LLC also has a registered office in Scranton.

Mulholland moved to 961 Wheeler Ave. in 2020, when the building was owned by a prior owner. Her daughter, who was born in November of 2022 and has not lived anywhere else, is developmentally delayed and mostly nonverbal. She likely ingested lead via hand-to-mouth activities typical for a toddler and probably ate flaked-off paint chips, according to the lawsuit.

The Centers for Disease Control and Prevention considers blood lead levels of 3.5 micrograms per deciliter or higher as elevated, but there is no acceptable exposure to lead for children. After testing of the girl’s blood in June showed a level of lead at 12.8 micrograms per deciliter, a medical insurer had a firm inspect the apartment. This inspection found deteriorated lead-based paint throughout the apartment, including on window, door and stairs components, walls and ceilings; as well as lead contamination in the soil in the yard.

The child’s speech and developmental delays are consistent with elevated levels of lead in blood, the lawsuit claims.

Mulholland is represented by the Community Justice Project, a nonprofit civil legal assistance organization. The lawsuit sought an injunction for immediate lead abatement and hotel accommodations for the mother and daughter until remediation is completed.

The court issued an order Oct. 2 directing the defendants to file a reply within 15 days and scheduled a hearing for Oct. 23 before Judge James Gibbons. The defendants did not file any replies and did not attend the hearing, according to an injunction order issued Oct. 24 in favor of the plaintiff.

During the hearing, Mulholland presented testimony of the child’s pediatrician saying blood tests showed lead in the girl “well in excess of any arguably acceptable levels.” Mulholland presented the results of the property inspection and also testified the apartment was “severely neglected and deteriorated.”

Gibbons’ Oct. 24 injunction order required the defendants to perform interim lead control measures within 48 hours, consult with a lead-certified contractor within seven days to develop a remediation plan and begin permanent abatement within 20 days.

The judge also ordered the defendants to provide or pay for suitable alternative housing for the mother and daughter while the abatement takes place. The alternative housing may include a suitable hotel room. If the defendants fail to provide suitable alternative housing, Mulholland’s rent will be abated while she is in alternative housing, in an amount to be determined by the judge.

Under the injunction proceeding, the lawsuit’s merits were not fully litigated. Gibbons scheduled a hearing for April 28 to determine whether the injunction should continue pending a final determination of the lawsuit on its merits.

Efforts were unsuccessful Wednesday to reach the defendants.

According to the lawsuit: Mulholland requested in June and July that the defendants remediate the lead hazards. The defendants tried to evict her in August, but a magisterial district judge ruled in her favor. Vertex then told her the owner is not going to be able to remove the lead from the residence. They suggested moving her and her daughter to a different apartment, but they ignored her when she tried to follow up. She searched for alternative housing, but has not been able to find a suitable place that she can afford.

In Pennsylvania, the primary source of childhood lead poisoning has been exposure to aging, deteriorating lead-based paint, in the form of chips and dust, in older homes with lead paint from before its 1978 ban. Lead can cause serious health problems if too much enters the body from any source. It can damage the brain and kidneys, and the greatest risk of lead exposure is to infants, young children and pregnant women. The CDC cautions that no blood lead level in children is safe and even low levels can be harmful. An elevated blood lead level poses serious risks to a young child’s health, including risks of permanent brain damage, developmental delays, learning difficulties, behavioral problems and other problems.

Originally Published: October 30, 2024 at 1:53 PM EDT