Understanding Lead Exposure and Your Legal Rights
Lead is a highly toxic substance that accumulates in the body over time and remains an ongoing environmental health problem in the United States. Despite increasing awareness and regulatory measures, lead poisoning continues to be a significant concern in Texas, especially in older homes, schools, daycares, impoverished neighborhoods, and apartment complexes with deteriorating infrastructure. This issue is particularly devastating for children’s health and development. In 2022, Harris County tested approximately 67,159 children under six years old for lead and reported approximately 790 children with elevated blood lead levels. From ages 6-14, Harris County tested 3,897 children, and 172 had elevated blood lead levels.
Understanding Lead Exposure in Children
Lead is a toxic metal once commonly used in paint, plumbing, and other home-building materials. While its use has significantly decreased due to the ban implemented by the 1978 Federal Consumer Safety Commission, lead remains an increasingly pressing environmental issue for children. Although lead-based products have not been used for almost fifty years, they remain present in many buildings and homes constructed before 1978. This means parents living in an older home or apartment complex or using older daycare centers/schools should be especially alert to the hazard as no amount of lead is considered safe.
Children are particularly vulnerable to lead exposure due to their developing bodies and brain. Even small amounts of lead can cause the following acute and long-term health issues such as:
- Cognitive and behavioral delays
- Developmental delays
- Learning difficulties
- Hearing loss
- Anemia
- Seizures, coma, and death in severe exposure cases
Detecting lead poisoning can be challenging as symptoms often overlap or mimic other common childhood conditions such as attention deficit disorder, autism, or speech delays. However, regular screening and blood tests, usually performed at the pediatrician’s office, are crucial for early detection and remediation. As of January 1, 2023, The Texas Department of Health and Human Services (DSHS) implemented a blood lead reference level of 3.5 micrograms per deciliter. This reduced lead threshold allows health agencies such as The Texas Childhood Lead Poisoning Prevention Program (TXCLPPP) and healthcare providers to implement the appropriate interventions.
Interventions
Interventions for lead poisoning in children focus on removing the source of lead exposure, reducing the body’s lead levels, and addressing any health effects.
| Identify and Remove the Lead Source | Home inspection: Identify and eliminate the lead source Professional lead removal Temporary or permanent relocation |
| Medical Treatment | Chelation therapy (for very high blood lead levels) Iron and calcium supplements |
| Dietary Interventions | A diet high in calcium, iron, and vitamin C |
| Developmental and Education Support | Early childhood intervention services, which help address developmental delays or learning difficulties Special education services Ongoing lead monitoring, blood work, and a possible neurologist consultation |
| Community and Public Health Interventions | Screening programs and policy changes and advocacy |
Early detection and intervention are crucial in managing lead poisoning in children. The degree of irreversibility depends on the level and duration of exposure. While some of the effects are irreversible, such as cognitive impairment and developmental delays, others are not. A child’s quality of life dramatically improves with the frequency and intensity of intervention, and related expenses to mitigate those health problems increase over time.
What Are Your Legal Options?
In many jurisdictions, landlords and business owners are legally required to disclose any known information about the presence of lead-based paint or related risks. Their responsibilities include addressing and mitigating the presence of lead-based materials to prevent exposure to their clients and their families. Failure to do so can result in liability for any injuries or damage caused by lead poisoning.
If your child was exposed to lead through no fault of your own, you have the legal right to seek compensation. Proper legal representation is crucial to ensure that those responsible are held accountable. At The Ghuneim Law Firm, our seasoned attorneys are here to assist your family during this challenging time. Contact us at 833-GHU-NEIM or 281-487-8929 to schedule a free consultation.
References
American Academy of Pediatrics. (2024, May 1). Detection of lead poisoning. https://www.aap.org/en/patient-care/lead-exposure/detection-of-lead-poisoning/
Billings, Stephen B., and Kevin T. Schnepel. 2018. “Life after Lead: Effects of Early Interventions for Children Exposed to Lead.” American Economic Journal: Applied Economics, 10 (3): 315–44.DOI: 10.1257/app.20160056
Shadbegian R, Guignet D, Klemick H, Bui L. Early childhood lead exposure and the persistence of educational consequences into adolescence. Environ Res. 2019 Nov;178:108643. doi: 10.1016/j.envres.2019.108643. Epub 2019 Aug 10. PMID: 31473504; PMCID: PMC7038535.
Texas Childhood Lead Poisoning Prevention Program (TXCLPPP). Texas Childhood Lead Poisoning Prevention Program (TXCLPPP) | Texas DSHS. (n.d.). https://www.dshs.texas.gov/blood-lead-surveillance-group/educational-materials/texas-childhood-lead-poisoning
Texas Department of Health Services. (2022a). Blood Lead Testing and Elevated Blood Lead Levels (EBLLs) in Texas Children, Under six years of age, by County, 2022. https://www.dshs.texas.gov/sites/default/files/CHI-BloodLead/Annual%20Tables/2021%20by%20County_6-14yrs.pdf