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You knew something like this was only a matter of time. The Post reports that a D.C. man who is the father of developmentally disabled twin boys has filed a class action lawsuit against D.C. WASA.
In court papers, John Parkhurst says his two sons, now 8, were toddlers between 2001 and 2004, the years when elevated lead levels were eventually documented in the city's drinking water. Parkhurst alleges that the lead left his boys with learning and behavior problems that require therapy and medication that costs between $30,000 and $40,000 a year. The suit seeks damages on the basis of a claim that WASA played down the harm caused by lead in the water.
The class action nature of the suit implies Parkhurst and his law firm expect other plaintiffs to join them.
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Good for Mr. Parkhurst. The only way WASA will get its head out of its ass is to understand the real costs of their inaction and incompetance. It's the only language an agency like WASA will ever understand.
Am I the only one who isn't getting the connection here? The question of whether the 2007 paper was right or wrong or downplayed the effects is meaningless. The kids still drank the water from 2001-2004.
No, I think you're getting it. With the caveat that I have not read the pleadings, the argument that WASA's downplaying of the effects, especially against a known known, could be construed as a form of negligent or (more likely) intentional behavior. This is a classic "if only I had known" tort. What I don't get is how they are going to prove causation - i.e., the fact that the kids drank the water doesn't mean that the water caused their problems.
That kinda forces the question, "If the lead didn't come from the water, how did it get into the kids?" Number two pencils? Roof tiles? McDonalds' limited-time-only McSoldershakes? Either way, DC public schools will end up dusting off that old Troy Mcclure educational film chestnut, "Lead Paint Chips: Delicious But Deadly" or even "Lockerroom Towel Fights: The Blinding of Larry Driscoll."
i just realized that i used to play with the solder that my mom used to do stained glass work when i was kid. probably absorbed tons of lead. should i sue her?
Yes, you should. Suing mom is the first stop on the money train.
IANAL, but do they really need to prove causation? I thought the standard was more likely than not, which would appear to be met in this case (assuming there wasn't also lead paint in the home).
I think that's what DreadPirateRoberts meant, i.e., that plaintiffs likely will have the burden of proving by a preponderance of the evidence that the lead in the water caused the kids' developmental problems. That's still a tough argument. Unless lead is the only cause of their particular condition, it'll be hard to establish that it was lead and not some other environmental or genetic factor that caused the injury.
How do you like your iAnal so far? I've been thinking about getting one, but with the no-return policy Apple has applied to the thing, I want to be sure I'm going to enjoy it.
IMGoph
You have no case -- you were her kid to mess up. WASA had no stake in these kids other than to not poisin them.
IMGoph
You have no case -- you were her kid to mess up. WASA had no stake in these kids other than to not poisin them.
Lead being a direct cause of certain neurological disorders is well established in the scientific and medical literature. If Parkhurt's kids showed elevated lead levels (greater than 10 ppm) in their routine screenings as he claims then it is an should not be a hard one. I hope that his kids underwent full blood draws which give a more reliable sample and not finger or heel pricks. Hopefully Parkhurst et al. do not rely soley on lawyers but get a dynamic and charismatic scientific consultant (yes they do exist) and another dynamic developmental pediatrician to provide expert statements.
The courts have not been friendly to WASA over this debacle. WASA fired Seema Bhat in 2003 for trying to report the elevated lead levels to the EPA that were eventually reported in the post in 2004. She sued under the whistle blower laws and was reinstated in late 2005 with a nice cash settlement on top of it.