Supreme Court Lead-Paint Victory For Santa Clara Co.

SAN JOSE, CA -- A case that spanned almost two decades, involved 10 county and city jurisdictions and ended up in the halls of the U.S. Supreme Court wrapped up Monday, with Santa Clara County announcing the high court refused to hear an appeal by paint manufacturer and supplier Sherwin Williams, ConAgra Grocery Products and NL Industries that their paint products were harmful.

Santa Clara Superior Court Judge James Kleinberg issued a judgment in favor of lead plaintiff Santa Clara County ordering the defendants pay $1.15 billion. The California Court of Appeals in the Sixth District upheld the verdict calling into question lead paint used in homes built before 1951. Homes constructed between that year to 1980 were overturned in the ruling. The California Supreme Court denied review of the case earlier this year.

The settlement reduced the award to $409 million to be paid out to the jurisdictions.

According to the Centers for Disease Control and California's Childhood Lead Poisoning Prevention Branch, lead paint along with its degradation is the primary cause of lead poisoning for children in older homes.

The state's health and safety code was written into law by the Legislature because it represents the most significant childhood environmental problem in the state today. More than 10,000 children have been exposed to lead poisoning in the plaintiff jurisdictions.

"This is a major victory for the tens of thousands of California children who have been poisoned by lead paint. Sherwin Williams and its co-defendants knew their product was toxic, yet still sold it to families," Santa Clara County Counsel James Williams said Monday. "This case will provide the funds needed to protect future generations of California's children from the devastating effects of lead paint."

Other defendants include: Alameda, San Mateo, Solano, Ventura and Monterey counties; city of Oakland; and the cities and counties of San Diego, San Francisco and Los Angeles.

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