Thomas Breen photo
Chipped lead paint on a windowsill in Fair Haven.
The city is open to settling a lead poisoning class action lawsuit that has dragged on for over eight months, according to a new court filing.
That interest in putting an end to the long and costly suit is made clear in a new motion filed in the case Nyriel Smith v. City of New Haven.
The filing, which can be read here, indicates that both New Haven Legal Assistance Association and the city have asked the judge to extend by a week the time legal aid has to respond to the city’s previous motion to dismiss the suit.
“The new City administration seeks the opportunity to review the case,” the filing reads, “including exploration of settlement options.”
Otherwise, the filing maintains the court schedule established by state Superior Court Judge Claudia Baio at the end of last year: that both sides have until Jan. 24 to file further replies in the case, and that both sides are to appear for a hearing before the judge on Jan. 30.
Legal aid first filed the class action lawsuit in May 2019. They alleged that the city’s Health Department neglected to enforce local legally mandated protections for upwards of 300 children who tested above the city’s lead poisoning threshold of 5 micrograms per deciliter (μg/dL) and below the state’s level of 20 μg/dL.
City health officials admitted in open court this summer to changing their inspection mandate threshold in November 2018.
The city has hired two private lawfirms to defend the city in the case, and had paid over $118,000 in outside legal fees related to the case as of last August.
Mayor Justin Elicker, who took office earlier this year, repeatedly criticized former Mayor Toni Harp’s administration for its handling of child lead poisoning cases while on the campaign trail.
The city’s newly named health director, Maritza Bond, said Thursday she believes that “any blood lead level is a dangerous blood lead level.” She vowed a “multi-sector” campaign to address lead paint poisoning.
Previous lead coverage:
• 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 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