Judge Approves Lead-Poisoning Settlement

By Thomas Breen, New Haven Independent

Aug. 17, 2021

A state judge Tuesday formally approved the settlement of a contentious class-action child lead-poisoning case that — two years, three months and 16 days later — is now officially over.

State Superior Court Judge Claudia Baio issued that decision Tuesday afternoon at the end of a 10-minute “final approval and fairness hearing” in the case Nyriel Smith v. City of New Haven. The virtual hearing was held online via YouTube Live.

Just as she did earlier this summer when she approved the 86-page class action settlement’s noticing requirements, Baio promised to follow up on Tuesday’s verbal OK with a written order in the coming days that will confirm her decision.

“Thank you all for your diligence and for working to get this matter finally concluded,” the state judge said on Tuesday. “Congratulations to all. You should be very proud of the resolution that has been reached.”

Baio’s decision brings to an end the class action lawsuit that was first filed by New Haven Legal Assistance Association (NHLAA) against the then-Harp Administration in May 2019.

The settlement, which the Elicker Administration and legal aid attorneys Amy Marx and Shelley White formally announced in mid-May of this year, details a 31-step process that the city Health Department must following whenever it learns that a child under the age of six has tested as having an elevated blood lead level above 5 micrograms per deciliter (μg/dL).

Lead exposure in young children can lead to lifelong behavioral and cognitive impairments.

Some of the terms of the settlement agreement include:

• The city must conduct inspections of all lead hazards in the homes of all class members (i.e., all children living in New Haven who are under the age of six and who have a venous blood lead level of 5 micrograms per deciliter or above). These inspections will include testing of interior paint in the family’s apartment and common areas, exterior paint, soil, and drinking water.

• The city must issue lead abatement orders to all landlords of class members for any lead hazards found.

• The city must make sure all abatement work is done properly and that lead management plans are in place to make sure abatement work is maintained to prevent further chipping and flaking lead paint after the abatement work is complete.

Click here , here , and here for more details on the settlement agreement. And click here, here, here, here, here and here for previous articles about some of the legal, legislative, political, and public health debates that played out in the city over the course of the years-long case.

City Corporation Counsel Patricia King said on Tuesday that, per the settlement’s noticing requirements, the city Health Department sent out 330 letters to parents and 20 notices to local healthcare providers in advance of Tuesday’s final settlement hearing. The city also posted details about the settlement on the city website. Marx said legal aid conducted similar outreach to parents of class members, and also posted the settlement on its website.

“We did get a number of inquiries, general inquiries about lead and lead safety,” Marx said about local parents reaching out to legal aid over the summer about the class action settlement. No class members chose to opt out of the settlement, however.

Judge Baio said that the court also received no objections from any class members about the settlement.

“The settlement will be approved,” Baio said. “The court will issue a written decision to follow this hearing to detail the same information provided today.”

Previous lead coverage:

• Judge OKs Lead Class Settlement Notice • Lead Paint Settlement Signed • Lead, Park, Ricci Suits Enter New Phases • Lead Lawsuit Settlement Draws Near; 50 New Orders Issued • Crisis Gov’t: Grilling By Zoom • Social Services Chief’s Appointment Advances • City’s Outside Legal Tab Nears $200K For Lead Paint Fight • City “Explores” Lead Lawsuit Settlement • Lead Class Action To Drag Into New Year • New Lead Law Passes, With Teeth • Legal Aid Lobbies Alders On Lead Paint, Alleges Civil Rights Harm • Weakened Lead Law Advances • City Still Fighting As Lead Case Drags On • City Lands $5.6M In Federal Lead Grants • 5 New Lead Inspector Positions Approved • Outrage Stalls Weakened Lead Law • Lead Paint Legal Tab Tops $118K • City Plan Passes On Lead Law • City Loses Again On Lead • Judge Denies City’s Motion To Dismiss Lead Suit • City, Legal Aid Clash In Court On Lead • New Lead Proposal “Eviscerates” Mandate • Lead Cleanup Pricetag: $91M? • Lead Panel’s Advice Rejected • Lead Paint Chief Retires • Lead Paint Fight Rejoined • Harp Switches Gears On Lead • Motion Accuses City Of Contempt • City Loses Again On Lead • Briefs Debate “Lead Poisoning” • New Haven: Another Flint? • Harp Administration Admits Relaxing Lead Standard To Save $$ • Class-Action Suit Slams City On Lead • City, Legal Aid Clash On Lead Paint • Legal Aid To City: Get Moving On Lead Paint Law • 100+ Tenants Caught In Lead Limbo • 2 Agencies, 2 Tacks On Lead Paint • Chapel Apartments Get 3rd Lead Order • Lead Sends Family Packing • Health Officials Grilled On Lead Plans • Judge Threatens To Find City In Contempt • Same Mandy House Cited Twice For Lead • Same Mandy House Cited Twice For Lead Paint • Lead $ Search Advances • 3 Landlords Hit With New Lead Orders • Another Judge Rips City On Lead • Judge To City: Get Moving On Lead • Health Department Seeks Another $4.1M For Lead Abatement • City-OK’d Lead Fixes Fail Independent Inspection • Judge: City Dragged Feet On Lead • 2nd Kid Poisoned After City Ordered Repairs • Judge: City Must Pay • City Sued Over Handling Of Lead Poisonings • City’s Lead Inspection Goes On Trial • Eviction Withdrawn On Technicality • 2nd Child Poisoned; Where’s The City? • Carpenter With Poisoned Kid Tries A Fix • High Lead Levels Stall Eviction • 460 Kids Poisoned By Lead In 2 Years • Bid-Rigging Claimed In Lead Cleanup • Judge Orders Total Lead Paint Clean-Up • Legal Aid Takes City To Task On Lead

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