$2.7 Million Structured Settlement Against NYCHA After Eight Years of Litigation
A toddler living in two Brooklyn NYCHA apartments was found to have a blood lead level nearly ten times the CDC's reference level after eating paint chips. The Orlow Firm pursued the New York City Housing Authority. NYCHA's defense was procedural. The Department of Health had inspected both apartments and identified lead paint, but NYCHA had pushed back on those findings and the Department of Health had accepted the pushback. NYCHA then asked the court to dismiss the case on the ground that without the official findings, the family could not prove the lead in the child's blood had come from NYCHA's apartments. After eight years of litigation, the Orlow Firm beat NYCHA's summary judgment motion and secured a $2.7 million structured settlement for the child.
Prior results do not guarantee a similar outcome.
What Happened
Our client was a young child who spent her earliest years between two Brooklyn NYCHA apartments. One was her mother's unit. The other was her grandmother's, where she was a frequent visitor. In August 2016, when she was two years and ten months old, a routine blood test revealed a lead level of 33 micrograms per deciliter, nearly ten times the CDC's reference level. Her mother had found her eating paint chips in the apartment.
How We Won
The firm spent eight years building the record NYCHA's procedural play could not erase. We deposed NYCHA's lead department supervisor, its lead inspectors, and outside witnesses. We subpoenaed records from the New York City Department of Investigation that documented the scope of NYCHA's lead-inspection failures. We filed multiple motions to compel discovery when the housing authority dragged its feet.
When NYCHA filed its summary judgment motion, Adam Orlow argued the opposition. The court denied NYCHA's motion in its entirety, finding that there were "questions of fact and conflicting expert opinions" that only a jury could resolve. With its strongest defense off the table, NYCHA came to the negotiating table.
The Injuries
By age twelve, our client was in seventh grade but functioning well below grade level. She could not give the date or do simple arithmetic. She had no concept of pennies or dimes. She was on an Individualized Education Plan, received daily resource-room support, and had a learning disability in reading, writing, and math. The firm's pediatric neurology expert concluded with a reasonable degree of certainty that her childhood lead levels were the overwhelming contributing factor to her cognitive and academic delays, and that even though her current blood level had returned to normal, the cognitive damage is permanent.
The Result
In October 2025, the Orlow Firm secured a $2.7 million structured settlement from the New York City Housing Authority. The settlement was structured with up-front funds plus annuities to deliver guaranteed periodic payments across our client's lifetime, covering supervised living, medical care, and supplemental income.
Prior results do not guarantee a similar outcome.
This case was handled by Brian S. Orlow, Managing Partner of The Orlow Firm. Adam Moses Orlow, Senior Trial Partner, argued the motion that defeated NYCHA's bid for summary judgment.
If your child has been exposed to lead paint in a New York apartment or NYCHA building, contact The Orlow Firm at (646) 647-3398 for a free consultation.
