Structured settlements

Lawsuits brought against landlords and others as the result of elevated levels of lead in children will be the subject of a one-day seminar designed for attorneys and in-house counsel on May 19, 2009.

The Lead Paint Litigation Conference, which will be held at the convenient, state-of-the-art Hub Cira Centre at Philadelphia's landmark 30th Street Station, is sponsored by HB Litigation Conferences LLC, formerly Mealey's Conferences, which has been running lead litigation programs since 1992.

HB selected two highly experienced litigators to chair the event.

Steven J. Rice of Harris Beach PLLC (www.harrisbeach.com) in New York brings to the program a diverse two decades of practice in mass torts, industry-wide litigation, insurance actions, product liability, business and commercial litigation, as well as construction and surety law. He has been at the forefront of toxic tort litigation having defended hundreds of lead paint and toxic mold cases. Rice also has handled multiple-chemical sensitivity, sick building and asbestos abatement cases.

"Rice has been a leader in toxic torts and a key player we turn to when assessing the most urgent topics for attorneys and companies," said Tom Hagy, president of HB Litigation Conferences.

"Lead paint litigation, which was supposed to be dead several times in the past 20 years, has developed another life," Rice said. "As recent studies regarding low levels of lead implicate exposure to lead as a cause of many childhood illnesses and deficits, landlords continue to face lawsuits, some of which have resulted in multi-million dollar settlements and verdicts."

Rice cites examples from Mealey's Litigation Report on Lead, the leading periodical covering the litigation, which in 2007 reported a $12.7 million settlement in Kings County, N.Y. for multiple plaintiffs in one family against the City of New York and others. The reporter also detailed a $3.7 million verdict for a single plaintiff in Queens, N.Y. and a $4 million verdict for two children in Baltimore.

For the plaintiffs' perspective, co-chair Peter Danziger of O'Connell & Aronowitz (www.oalaw.com) lays claim to an impressive list of million-dollar plus verdicts and settlements in New York. He is supervising partner of the firm's Lead Poisoning Litigation Department, which has reviewed more than a thousand cases of childhood and adult lead poisoning. His background also includes a variety of other mass tort and product cases, including pharmaceuticals and medical devices.

According to the Centers for Disease Control, of the roughly three million U.S. children tested each year from 2003 to 2006, the number of children with elevated blood-lead levels was: 59,759 in 2003; 52,682 in 2004; 47,147 in 2005; and 39,526 in 2006. More information can be found at the CDC site: http://www.cdc.gov/nceh/lead/surv/stats.htm.

The sessions for the program, compressed to cut down on travel time for attendees and speakers, are:

"Pre-Action Issues" will cover potential defendants, notice of claim, statutes of limitation, potential plaintiffs, and insurance coverage. The speaker will be Delsia Marshall of Fitzgerald & Fitzgerald P.C.

"Defending the Landlord" will address factual investigations, answer and demands, records analysis, evaluation of damages, deposition, independent medical examinations, and expert retention. Thomas Cullen of Goodell DeVries Leech & Dann LLP will present.

"Notice & Regulatory Issues" will address constructive notice, Section 8 and HUD Housing Quality standards, federal disclosure requirements, local regulations, and notice requirements in New York, New Jersey, Pennsylvania and Maryland. Rice and Danziger will moderate the panel which will comprise Thomas Cullen of Goodell DeVries Leech & Dann LLP, Delsia Marshall of Fitzgerald & Fitzgerald P.C., Lawrence Cohan of Anapol Schwartz, and Paul Bottari of Wilson Elser Moskowitz Edleman & Dicker LLP.

"Pre-Trial Issues" will cover "confounding factors," such as drugs, alcohol, smoking, abuse, domestic violence, genetic correlations, alternate causes, and socioeconomic factors. This session also will address independent medical examinations (IME's), discovery disputes, motions in limine, and proximate cause. Lawrence Cohan of Anapol Schwartz and Paul Bottari of Wilson Elser Moskowitz Edelman & Dicker LLP will present.

"National Lead Litigation Update: Public Nuisance, Municipal Cases and Lead in Toys," a keynote address, will be presented by Christopher Gannon of Segal McCambridge Singer & Mahoney.

"Special Settlement Issues" will cover structured settlement annuities, supplemental needs trusts, and liens. Edward Wilcenski of Jones Wilcenski & Pleat PLLC will present.

"Update on Science & Medicine" will address low-level lead exposure and injuries to other systems and organs. Presenting will be Carla Campbell, M.D., M.S., Clinical Associate Professor of Pediatrics, University of Pennsylvania School of Medicine, Attending Pediatrician, The Children's Hospital of Philadelphia.

"Practical Overview of Neuropsychological Testing" will cover the "what, why and how" of administered tests, and how the results are interpreted. Carmen Vazquez, Ph.D., Clinical Professor of Psychiatry, NYU School of Medicine will present.

Finally, "Lead Inspection & Risk Assessment Protocols for Childhood Lead Exposure Cases" will cover the methodologies and interpreting findings, differences in public agency versus expert consultant practices, and assessing exposures to low lead levels. Presenting will be Vincent Coluccio, DrPH, Senior Environmental Health Consultant, TRC Corp.

Source