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Can you sue? Yes.
Can you win? That is a more challenging question.
You really need to consult with a personal injury attorney who is an expert in lead poisoning cases. Most of the best attorneys in this field will provide you free consultation to discuss your particular circumstance in detail.
I consulted the most knowledgable lead poisoning expert attorney I know for you and this is his response:
"It would be a difficult case at that lead level. The CDC defines lead poisoning as anything greater than a level of a 10. A ten level would be a difficult case due to causation issues. My friends on the east coast usually take cases with levels greater than 20 only. I do not believe expert testimony would credibly support causation at a 10 level. Perhaps previous levels might have been higher. Look at older levels to see if they were higher. Typically, blood lead levels are taken at every 6 month exam to age 4 and these are available through the doctors office or the testing agency.
As far as action to take against the landlord, put the request in writing and advise that the child has an elevated blood lead level. Take photos of the property and paint defects. Notify the health department if not already done so by treating pediatrician. Not sure of Maine laws, but perhaps put rent in a bank escrow until repairs are safely made, but should consult with a local lawyer. There is usually a free legal aide office for these types of issues."
This response was provided to me by Larry Buckfire who knows more about this subject than any attorney I know. For more information see: http://www.buckfirelaw.com/practice_areas/michigan-lead-poisoning-lawyer-detroit-lead-paint-poisoning-attorney.cfm
John Bisnar, BISNAR|CHASE, Personal Injury Attorneys. http://www.BestAttorney.com. 800-956-0123....
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Can you sue? Yes.
Can you win? That is a more challenging question.
You really need to consult with a personal injury...
Read More