Rhode Island Sues 8 Firms Over Health Effects of Lead-Based Paint

In the latest courtroom assault on corporations selling legal but controversial products, Rhode Island’s attorney general on Wednesday sued eight companies that used to manufacture lead paint, which was banned for residences in 1978 but continues to be a major health problem for children living in older buildings.

The lawsuit is expected to be the first of many against the paint industry by state attorneys general, and Sen. Jack Reid (D-R.I.) is currently drafting legislation that would facilitate a federal suit against the industry.

Rhode Island’s suit seeks damages for tax money expended treating people made ill by lead and funds for an abatement program to “get the lead out of Rhode Island’s children, homes and buildings.”

Rhode Island Atty. Gen. Sheldon Whitehouse alleges that the companies suppressed information about the hazards of their products for decades and engaged in misleading marketing campaigns in an attempt to convince people that lead paint was safe.

“We are doing this for the health of Rhode Island’s children,” Whitehouse said, citing reports this year that one in five kindergartners in the state and 28% of children in the city of Providence have dangerous levels of lead in their blood. Nationally, 4.4% of all children 6 or younger have blood lead levels higher than the acceptable level established by the federal Centers for Disease Control, according to Dan Ryan, executive director of the Washington-based Alliance to End Childhood Lead Poisoning.

Warning Similar to Tobacco Suits

Rhode Island’s suit represents a shot across the bow of companies like Sherwin-Williams Co. and E.I. duPont De Nemours and Co., akin to the bold stroke Mississippi Atty. Gen. Mike Moore took when he filed the first statewide case against tobacco companies five years ago--a suit that paved the way for $246 billion in settlements and changes in industry practices.

Rhode Island is being represented by Ness, Motley, Loadholt, Richardson & Poole, a Charleston, S.C.-based law firm that previously led national litigation against the asbestos and tobacco industries. The firm’s lead partner, Ronald L. Motley, predicted that by the end of the year, several other states and major cities would also sue the paint makers.

Among those considering suit is California Atty. Gen. Bill Lockyer, who on Tuesday sued 13 key manufacturers and lock companies, saying that the lead in many brass keys poses a risk of infertility and birth defects. “We are aware of the issue and we are reviewing it,” said Sandra Michioku, a spokeswoman for Lockyer.

Several paint companies immediately issued sharp retorts to the Rhode Island suit, saying that they are being falsely accused by lawyers out to make a financial windfall at their expense.

Atlantic Richfield Co. “has never made or sold lead pigment,” said Linda Dozier, a spokeswoman for the Los Angeles-based company. “We were included in the suit because in 1996 we bought Anaconda Co. that had a subsidiary which made lead pigment from 1919 to 1946,” Dozier added.

“We believe this is a lawsuit trying to make a scapegoat out of responsible companies,” said Timothy S. Hardy, a Washington attorney for Houston-based NL Industries Inc., which was one of the largest manufacturers of lead-based paint. “NL Industries and the other defendants have not marketed lead pigment for exterior residential use since the 1970s and not for internal residential use since the 1950s.”

Hardy said that none of the companies sued by Rhode Island has ever paid any damages or settlements in lead-related product liability suits filed by individuals.

In prior litigation, judges have frequently dismissed cases, saying that the plaintiffs were unable to establish which manufacturer was responsible for their client’s illness. However, earlier this year, a state court judge in Buffalo, N.Y., said he would allow a suit to go forward based on what is known as the “market share,” which allocates responsibility based on company sales levels. The judge said his ruling was based on the interest of justice and fairness. The companies have appealed that decision.

Lead-based paint was banned by the federal government in 1978. However, older homes and apartments still have lead-painted surfaces. Typically, dangers occur when paint particles flake or peel and get in the hands of children.

Since the federal ban, said Ryan of the public interest alliance, lead poisoning has declined significantly in the United States. But he said the there is still a substantial problem.

The federal Department of Health and Human Services estimates that low-income children are eight times more likely to suffer lead poisoning than high-income children. And African American children are five times more likely than white children to have problems.

Toxic Effects on Brain Chemistry

Scientific studies have demonstrated that lead is a highly toxic substance when it is ingested or inhaled. In adults, it is known to contribute to high blood pressure, strokes, liver damage and nerve damage.

Lead is particularly dangerous to children, Ryan noted, because of the way its neurotoxins affect the developing body. Studies have shown that lead changes brain chemistry and nerve velocity, leading to reduced attention span and intelligence, hyperactivity and impaired hearing, among other problems.

In recent years, some states have adopted formal standards of care for lead abatement in rental housing. In California, state Sen. Sheila Kuehl (D-Santa Monica) introduced a bill last year, but it died.

In its suit, Rhode Island seeks to compel the companies to pay for a lead screening program, a public education program and the special educational needs of children who have become learning-impaired as a result of their exposure to lead.

“We know now that this industry knew lead was toxic dating back as early as 1904, yet promoted its use and profited by that use,” Whitehouse said. “It willfully made the mess that had endangered the health of many children and imposed great burdens on Rhode Island families and the state.”

If the state prevails, its private lawyers would receive a percentage of the recovery, which in tobacco litigation has resulted in billions of dollars in fees. Mindful of adverse publicity about such fees, Rhode Island said its outside attorneys have agreed to work for half their normal contingency fee in this case.

The other companies sued are American Cyanamid Co., the O’Brien Corp., the Glidden Co., and SCM Chemicals. The state also sued the Lead Industries Assn., a trade organization based in New Jersey.

The federal government has a hotline number, (800) 424-LEAD, for people seeking to obtain information or report lead poisoning problems.