CDC Report And Chinese Toys Give New Ammunition To Low Level Lead Poisoning Cases

Lead poisoning of young children is a well establishedBLL readings at such low levels and the margins of
public health concern. Most publicity in the past hastesting errors can be significant. It also acknowledges
focused on the hazards of lead based paint that wasthat BLL is only one of many factors affecting a
used extensively until the late 1960s and early 1970s inyoung child's cognitive development.
houses and apartments. Young children ingesting PaintNevertheless, this report will provide more legal and
chips, dust from lead paint, and soils containing leadscientific ammunition to claimants asserting that there is
paint dust are known to cause significant cognitive andno safe blood lead level or threshold of exposure
neurological deficits.below which is safe. For many years, claimants and
More recently reports of high lead content in children'sdefendants in suits, and their hired experts, have been
toys manufactured in China have added anotherbattling over how much exposure, how long the
source of lead to be worried about. Children chewingexposure must be, what level of lead in blood is
on toys or chips or dust from such toys, can have thesufficient to have caused harm. This report will likely be
same effect as exposure to chips and dust from leadused by claimants to support lawsuits involving low
based paint used in homes.blood lead levels and may spur more new lawsuits
Now a newly issued report by the United Statesagainst more property owners with buildings that have
Center for Disease Control ("CDC") will raise theor had lead paint even where the condition of the lead
concerns about lead poisoning even higher.paint is good and where previous testing showed low
The CDC Advisory Committee on Childhood Leadbut measurable levels of lead in the dust and soil.
Poisoning Prevention ("ACCLPP") issued a report thatNow with evidence of high lead levels in imported
gives added support to claims that blood lead levelschildren's toys, manufacturers, distributors and retailers
("BLL") below 10 µg/dL are harmful to youngwho have sold those toys may face greater liability
children. The report was published in the Novemberrisks and more lawsuits.
issue of the journal "Pediatrics."The CDC report also concludes that there is no
The report itself does not present original new studycurrently effective treatment to reduce BLL's that are
results on the health effects of low blood lead levelsbelow 10 ug/dL. Thus, may also help claimants prove
but rather presents findings of a review of otherthat these conditions are permanent.
studies and data and followed up on a 2005 report ofAs the science develops in this area, more litigation is
an ACCLPP workgroup that concluded that there wasbound to follow. In addition, federal and state regulators
a statistically significant inverse relationship betweenmay tighten existing standards and increase
blood lead levels and cognitive ability even when thereenforcement of existing lead based paint hazard
was no overt, or obvious effects on the child.reduction laws.
The report does note difficulties in getting accurate