Chicago Housing Authority Lead Poisoning Lawsuit: What Families Need to Know About Their Rights

Chicago Housing Authority Lead Poisoning Lawsuit: What Families Need to Know About Their Rights

Lead poisoning is a serious issue, especially for children, and it’s a problem that disproportionately affects families in older housing. In Chicago, a recent $24.1 million jury verdict against the Chicago Housing Authority (CHA) has brought the issue of lead poisoning in public housing to the forefront. This landmark case highlights the devastating consequences of lead exposure and underscores the rights of families living in CHA properties. If you are a family living in CHA housing, it’s crucial to understand your rights and what steps you can take to protect your children.

The Chicago Housing Authority’s Responsibility

The Chicago Housing Authority is responsible for providing safe and habitable housing for its tenants. This includes taking measures to prevent lead exposure, especially in older buildings where lead-based paint is common. Lead is a neurotoxin that can cause irreversible damage, particularly in young children. The CHA is legally obligated to disclose known lead hazards and take steps to mitigate them.

Recent Lawsuit Highlights CHA Failures

A recent lawsuit against the CHA brought by two families whose children suffered severe lead poisoning has shed light on the agency’s failures. The children, who lived in a CHA Scattered Site apartment, developed significant health problems due to lead exposure. The lawsuit revealed that the CHA was aware of lead hazards in the building for decades, with at least three other children being poisoned in the same unit in the 1990s, yet failed to take adequate action to remove the lead-based paint or inform tenants of the risks. Internal CHA communications revealed that even when inspectors reconfirmed lead risks in 2017, the information was withheld from tenants. The jury found the CHA liable for the children’s injuries, awarding the family $24.1 million, the highest verdict in the state for lead poisoning. This case serves as a stark reminder of the CHA’s responsibility to protect its tenants from lead poisoning.

What is Lead Poisoning?

Lead poisoning occurs when lead builds up in the body, often over months or years. Even small amounts of lead can cause serious health problems, especially in children. Lead can be found in paint, dust, soil, and even drinking water. Children are particularly vulnerable because they tend to put things in their mouths and their bodies absorb lead more easily than adults.

Symptoms of Lead Poisoning in Children

Lead poisoning can be difficult to detect because symptoms are not always obvious. Some children may not show any symptoms at all, while others may experience:

  • Developmental delays
  • Learning difficulties
  • Irritability
  • Loss of appetite
  • Weight loss
  • Sluggishness and fatigue
  • Abdominal pain
  • Vomiting
  • Hyperactivity
  • Changes in behavior
  • Headaches
  • Anemia
  • Seizures

If you suspect your child has been exposed to lead, it’s crucial to seek medical attention immediately. A simple blood test can determine if your child has elevated lead levels.

Your Rights as a Tenant in CHA Housing

As a tenant in Chicago Housing Authority housing, you have specific rights designed to protect you and your family from lead poisoning:

  • Right to Safe Housing: You have the right to live in a safe and habitable environment, free from lead hazards.
  • Right to Disclosure: The CHA is legally obligated to disclose any known lead hazards in your building.
  • Right to Inspection: You have the right to request a lead inspection of your unit if you suspect lead hazards.
  • Right to Repairs: If lead hazards are found, the CHA is responsible for taking steps to remediate them.
  • Right to Legal Recourse: If your child has been harmed by lead poisoning due to the CHA’s negligence, you have the right to seek legal recourse.

What to Do If You Suspect Lead Poisoning

If you believe your child has been exposed to lead in your CHA housing, take the following steps:

  1. Get Your Child Tested: Contact your pediatrician or local health department to have your child tested for lead poisoning.
  2. Report to the CHA: Notify the CHA in writing about your concerns and request a lead inspection of your unit.
  3. Document Everything: Keep detailed records of all communication with the CHA, medical reports, and any other relevant information.
  4. Seek Legal Advice: Contact a personal injury attorney experienced in lead poisoning cases to discuss your legal options.

Legal Recourse for Lead Poisoning Victims

If your child has suffered lead poisoning due to the negligence of the Chicago Housing Authority, you may be able to file a lawsuit to recover damages. These damages can include:

  • Medical expenses
  • Future medical care
  • Lost earning potential
  • Pain and suffering
  • Emotional distress

Statute of Limitations

It’s important to be aware of the statute of limitations, which is the time limit for filing a lawsuit. In Illinois, the statute of limitations for injuries to a child does not begin until the child reaches the age of 18. However, it’s best to seek legal advice as soon as you learn that your child has suffered injuries.

Illinois Laws and Regulations

Illinois has laws and regulations in place to protect children from lead poisoning. The Illinois Lead Poisoning Prevention Act requires that children six years of age or younger be assessed for lead risk. Physicians must perform a blood lead test for children who live in high-risk areas or meet other risk criteria. The Illinois Department of Public Health (IDPH) also has rules in place for lead remediation and worker safety.

Seeking Legal Help

Navigating the legal process can be complex, especially when dealing with a large entity like the Chicago Housing Authority. It’s essential to seek the help of an experienced personal injury attorney who specializes in lead poisoning cases. A qualified attorney can:

  • Explain your rights and options
  • Investigate your case
  • Gather evidence
  • Negotiate with the CHA
  • Represent you in court

Call to Action

The recent $24.1 million verdict against the CHA is a victory for families affected by lead poisoning. However, it’s crucial to remember that this is an ongoing issue. If you live in CHA housing and are concerned about lead exposure, take action now. Get your children tested, report any concerns to the CHA, and seek legal advice to protect your family’s rights. Don’t wait until it’s too late. Contact a qualified attorney today for a free consultation.