President’s
Message by David F. Albright, Jr.
The legacy of slavery and its conse-
quences have left an indelible mark on the progress of blacks in our country. There is another pernicious legacy which is widespread in our State – the legacy of childhood lead-paint poisoning. According to the U.S. Census and
the Maryland Department of the En- vironment, 95 percent of all houses in Maryland built before 1950 have lead paint. Lead is a neurotoxin which at- tacks the central nervous system and destroys brain cells. Children up to age 6 are especially vulnerable to lead-paint poisoning because their brains are still developing, and their gastrointestinal systems are not strong enough to rid their bodies of this deadly poison. The consequences of lead-paint poisoning are severe, as numerous studies over the last 30 years have shown that lead causes loss of IQ, profound learning disabilities, neuropsychological deficits, impulsivity, behavioral problems, and criminality. According to the Center for Disease Control in Atlanta, there is no safe lead level. The primary source of lead-paint
poisoning is decrepit housing. Chip- ping, peeling, and flaking lead paint, and the resulting lead dust, can easily be ingested by pregnant women or small children. Lead paint tastes sweet, further encouraging young children to consume it. Slum landlords who do not maintain their properties are guilty for genera- tions of children in our city sustaining lead-paint poisoning by failing to keep the paint and its properties intact. The lead-pigment manufacturers also
bear responsibility for the deadly condi- tion of slum properties. In the early 20th century, the hazards of lead paint to children became known. The first child- hood death resulting from lead paint occurred at Johns Hopkins Hospital in
Spring 2008
1914. Unfortunately, the lead-pigment manufacturers not only continued to sell this deadly product, but also specifically marketed the paint to children. Obviously, those at the bottom rung
of the economic ladder are the ones who were and are forced to live in the substandard housing. In Maryland, a disproportionate percentage of those residents are black. There is no question that a disproportionate number of blacks suffer from lead poisoning; although our office represents hundreds of victims of lead-paint poisoning, I can count on one hand the number of non-blacks we represent for lead-paint poisoning. Lead is a permanent barrier to the
advancement of the individuals and families afflicted by lead-paint poison- ing. Lead causes academic failure and criminality. The contribution of lead to the “cycle of poverty” in Maryland can- not be understated. It is demeaning to say that individuals caught in the “cycle of poverty” lack initiative or appropriate family nurturing without asking why initiative is lacking or why the family unit has broken down. Academic failure will stunt initiative; criminality will break up the family unit. Removing and repairing the legacy of
lead is a daunting process requiring not only Court action but Legislative initia- tive. Children can sue the slumlord for their damages (assuming that insurance
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and/or assets are available); however, the real culprits, the lead-pigment manu- facturers, need to be pursued. One huge obstacle in bringing the lead-pigment manufacturers to justice is that it is virtually impossible to tell whose lead pigment is on the walls of certain houses, since lead pigment is a fungible product. Legislation is necessary to bring the lead- paint manufacturers into Court. The consequences of lead paint in our
state go beyond the injuries and damages of individuals or families. Many of the substandard houses with lead paint are simply abandoned by the owners. The result is a further loss of housing stock, fewer rental units, and higher rents for those who can least afford to pay. Let us work to eradicate childhood
lead-paint poisoning and its conse- quences. n
About the Author
David F. Albright, Jr. (Bennett & Al- bright, PA) is a graduate of Georgetown University Law Center. He is a member of the American Association for Justice, the Maryland State Bar Association and the Bar Association of Baltimore City. He concentrates in auto tort, gen- eral negligence, lead-paint poisoning, medical malpractice, medical products liability, premises liability and products liability law.
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