Some recent news regarding the Lead Paint trial in Rhode Island...

• Click here to read the Projo's February 2, 2008 article on the proceedings of the Amicus Appeal.

R.I.’s Lead Paint Litigation

            Childhood lead poisoning is one of the most serious environmental health threats facing young children today.  Lead poisoning can affect nearly every system in a child’s growing body and can cause long term problems such as learning disabilities, behavioral problems, and decreases in a child’s IQ.  Tragically, children are lead poisoned by exposure to lead in paint that was applied to the interiors and exteriors of their homes from the turn of the century until it was banned in 1978.

            During the entire time that lead was sold for use in paint, the manufacturers of lead pigment knew that their product could poison children, yet they sold and marketed it for decades anyway.  The companies fought regulation; deceived the public; inhibited the development of safe alternatives; countered the growing adverse publicity; and did everything in their power to continue to sell lead for use in paint despite their knowledge that it was seriously injuring – and sometimes even killing – kids.

            The burden of these companies' bad acts has fallen solely on the backs of taxpayers, homeowners, families, and society in general.   The one group responsible for causing the problem in the first place – the manufacturers of the toxic lead pigment that went into paint – steadfastly refuse to accept any responsibility for their actions, fail to contribute to a solution for the problem they helped cause, and continue to deceive the public about their responsibility.

            A public health lawsuit based on public nuisance was designed to force these companies to finally do the right thing by requiring them to accept responsibility and help clean up the mess they helped create.  The lawsuit was designed to prevent lead poisoning before it happens by having the manufacturers abate the nuisance now, thereby saving future generations of kids from the scourge of lead poisoning.

            Litigation by government entities to force responsible polluters to the table to help remove their toxins from homes will dramatically benefit the public health, protect the health of our children, bring justice to taxpayers, and ensure corporate accountability.

            Rhode Island’s Attorney General in 1999 filed the first-in-the-nation lawsuit against the former manufacturers of lead pigment.  The case ultimately went to trial in the fall of 2005 and after a 4-month trial, a jury returned a verdict after lengthy deliberations in favor of the State and ordering the 3 of the defendants – Sherwin-Williams, Millennium Holdings (Glidden), and NL Industries – to abatement the nuisance.  The trial court subsequently upheld the jury verdict and the order of abatement.

The defendants have appealed the case to the RI Supreme Court.  The Court has scheduled arguments for May 15th, 2008.

Below is a listing of the most recent articles concerning the Lead Paint Industry Trial          

Click on the following links to access local news articles. 

Lynch Statement on Lead Paint Decision

Whitehouse Statement on Lead Paint Decision

Lead Pigment Industry Verdict

This is a thrilling victory!  Sometimes in this not so friendly world, the Goliaths a defeated and justice   triumphs. This precedent setting decision against the lead pigment Industry feels like a home run for the families devastated by lead poisoning and for a community that has borne the cost of this industry-made public health disaster.  The Childhood Lead Action Project applauds the tremendous work of Attorney General Lynch and his colleagues for their pioneering efforts in pursuing this cutting edge suit against the Industry.

The lead industry knowingly poisoned America’s children - particularly poor and minority children. It was pure greed and a callous disregard for the well-being of children that the industry continued to use lead pigment in paint. While the industry marketed lead-free paint to the European community and protected farm animals from the dangers of lead, children in the United States continued to be exposed to lead-based paint - in their cribs, their toys and in their homes.

 It is only right to hold the lead industry accountable for its actions. The public has heavily subsidized the enormous costs involved in getting the lead out - medical treatment for poisoned children, special education costs, lead abatement and the tragic loss of human potential. It’s long overdue that the industry compensate our community for this tremendous injustice.

Let ‘s roll up our sleeves and lock up the toxic once and for all!!

AG Lynch -- Press Statement

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ATTORNEY GENERAL
150 SOUTH MAIN STREET, PROVIDENCE, RI 02903
Patrick C. Lynch, Attorney General

FOR IMMEDIATE RELEASE: CONTACT: Michael J. Healey 
February 26, 2007

At noon today Rhode Island Superior Court Associate Justice Michael A. Silverstein upheld the jury's findings in the State’s historic lawsuit against three defendants who sold and marketed lead for use in paint. He denied the defendants' numerous Motions requesting a New Trial and/or a Directed Verdict in which they sought to avoid the unanimous finding of liability entered against each of them. Equally important, Judge Silverstein also appointed a special master to assist the Court in overseeing the abatement stage of this case.

In reference to today’s findings, Attorney General Patrick C. Lynch issued the following statement:

“Today’s ruling by Associate Justice Michael Silverstein is tremendously welcome news for our Rhode Island homeowners and taxpayers, and for all stakeholders in the battle against lead poisoning. Most significantly, however, in upholding Rhode Island’s historic verdict against three companies that sold and marketed lead for use in paint, today’s ruling has enormously positive ramifications on the health, safety, and welfare of Rhode Island’s children.

“A year ago this month, the jury found that the harm caused by lead paint was so great and so widespread that it constituted a legal nuisance. Today’s final ruling is validation of our long fight to protect the public health and to ensure that our hardworking taxpayers no longer have to solve the problem themselves.

“More work lies before us as we embark on tackling the challenges inherent in remediation. The jury spoke last year. Now the Judge has spoken. It is my sincere and fervent hope that not one more child suffers because of any continued legal delays in this case.”

Whitehouse Statement on Lead Paint Decision

News from U.S. Senator Sheldon Whitehouse
FOR IMMEDIATE RELEASE Contact: Alex Swartsel
February 26, 2007

New Orleans, LA – U.S. Senator Sheldon Whitehouse (D-R.I.) today issued the following statement on today's Superior Court decision to allow lead abatement to proceed in Rhode Island :

"I'm very heartened by Judge Silverstein's ruling to let the jury's decision in our historic lead paint case stand and to proceed to abate the lead. This was a critical victory for our state and our kids, and I congratulate Attorney General Patrick Lynch and his legal team for their outstanding work. We have a significant task of abatement before us, and I hope the parties will move quickly to appoint a special master and begin that important process. This decision is a turning point from litigation to remediation – from fighting to fixing – that is long overdue for the kids whose health is at stake."

Whitehouse, who initiated the first state litigation against lead paint manufacturers during his tenure as Rhode Island 's Attorney General, is in New Orleans today attending a field hearing of the Senate Environment and Public Works (EPW) Committee on the aftermath of Hurricane Katrina.

Jurors in lead-paint trial say they're proud of verdict - 03/12/2006 http://www.projo.com/news/content/projo_20060312_jury12.348f26f.html

Your lead-paint editorial was wrong - 03/11/2006 http://www.projo.com/opinion/letters/content/projo_20060311_11lera.e580779.html

Lead Paint judgment is very unfair - 03/03/2006 http://www.projo.com/opinion/letters/content/projo_20060303_03lesm.1ca72eeb.html

No punitive damages for lead-paint companies - 03/01/2006 http://www.projo.com/news/content/projo_20060301_lead01.12fc8f09.html

Punitive damages for paint argued - 02/28/06  http://www.projo.com/news/content/projo_20060228_lead28.da0aa08.html

3 companies found liable in lead-paint nuisance suit - 02/23/06 http://www.projo.com/news/content/projo_20060223_lead23.180686c3.html

Still no verdict in state's lead-paint case - 02/18/06 http://www.projo.com/news/content/projo_20060218_lead18.222cf766.html

Deliberations continue in lead-paint trial - 02/16/06 http://www.projo.com/news/content/projo_20060216_lead16.18074e58.html

Closing arguments given in state's case against lead paint - 02/11/06 http://www.projo.com/news/content/projo_20060211_lead11.15f7a015.html

Defense: State did not prove lead case - 02/09/06 http://www.projo.com/news/content/projo_20060209_lead9.beb97ce.html

Closing arguments in lead-paint case begin tomorrow - 02/07/06 http://www.projo.com/news/content/projo_20060207_lead7.17a570e.html

Lead paint case could go to jury next week - 01/30/2006 http://www.projo.com/news/content/projo_20060130_lead30.8701832.html

No witnesses put forth by 4 paint companies - 01/27/2006 http://www.projo.com/news/content/projo_20060127_lead27.1d31d55b.html

Newspapers chronicled deaths from lead - 01/21/2006 http://www.projo.com/news/content/projo_20060121_lead21.222dde5c.html

Lawyer, historian spar over lead paint - 01/19/2006
http://www.projo.com/news/content/projo_20060119_lead19.18017455.html

Paint lawyers work to discredit historian - 01/18/2006 http://www.projo.com/news/content/projo_20060118_lead18.12e2c31c.html

Jurors in lead-paint trial need more time - 01/17/06 http://www.projo.com/news/content/projo_20060217_lead17.1d6489bc.html

Lead-paint trial postponed because of judge's illness - 01/04/2006 http://www.projo.com/news/content/projo_20060104_lead04.12de73bf.html

Stanley M. Aronson: Wallpaper poisoned early-Victorian children - 12/19/2005 http://www.projo.com/opinion/contributors/content/projo_20051219_ctstan.c137c.html

DEM official testifies on lead paint complaints - 12/06/2005
http://www.projo.com/news/content/projo_20051206_lead6.d8a0fae.html

Enforcing lead act is enough, Nolan testifies - 12/03/2005 http://www.projo.com/news/content/projo_20051203_lead2.1d648247.html

Cicilline testifies in trial against lead-paint makers - 12/02/2005 http://www.projo.com/news/content/projo_20051202_lead02.1862dcc0.html

Questioning of ex-health director continues in lead-paint lawsuit- 11/30/2005 http://www.projo.com/news/content/projo_20051130_lead30.e1c3d39.html

Nolan questioned on hazards of lead paint - 11/29/2005
http://www.projo.com/news/content/projo_20051129_lead29.8d0e3da.html

Lead studies made public before 1950 - 11/23/2005 http://www.projo.com/news/content/projo_20051123_lead23.e35d09d.html

Lead-paint dangers known 90 years ago, physician testifies - 11/18/2005
http://www.projo.com/news/content/projo_20051118_lead18.1c275d29.html

No mistrial in lead-paint case - 11/17/2005 http://www.projo.com/news/content/projo_20051117_lead17.170e08a0.html

Objections put lead-paint trial on hold - 11/16/2005 http://www.projo.com/news/content/projo_20051116_lead16.11e1a694.html

Half of state's houses contain lead-based paint, Nolan testifies - 11/15/2005
http://www.projo.com/news/content/projo_20051115_lead15.ca1aca7.html

Nurse testifies to lead experience - 11/11/2005
 http://www.projo.com/news/content/projo_20051111_lead11x.d57de9e.html

Lead-clinic nurse says she's visited hundreds of victims - 11/10/2005
http://www.projo.com/news/content/projo_20051110_lead10.8541a7c.html

Sources challenged in lead-paint trial - 11/09/2005 http://www.projo.com/news/content/projo_20051109_lead9.32b3503.html

Witness testifies that lead paint will deteriorate - 11/08/2005 http://www.projo.com/news/content/projo_20051108_lead8.173ed314.html

State's witness recalls lead studies in return to stand - 11/05/2005 http://www.projo.com/news/content/projo_20051105_lead5.7d3316e.html

State calls expert witness in paint trial - 11/04/2005 http://www.projo.com/news/content/projo_20051104_lead4.2c048dc.html

Paint companies: Lead no longer a 'crisis' - 11/03/2005 http://www.projo.com/news/content/projo_20051103_lead3.21d988a4.html

Second Lead Paint Trial Begins - 11/02/2005                                                          http://www.projo.com/news/content/projo_20051102_trial2.1cb99e3f.html

Opening arguments begin today in R.I.'s lead-paint lawsuit - 11/01/2005
http://www.projo.com/news/content/projo_20051101_trial01.176aed59.html

R.I.'s long-delayed lead-hazard law takes effect today - 11/01/2005  www.projo.com/news/content/projo_20051101_lead01.176b0618.html

Judge to hear landlords' case challenging state lead paint law - 10/29/05
http://www.projo.com/news/content/projo_20051029_lead29.79bf61d.html

Potential jurors questioned by sides in lead-paint case – 10/22/05 http://www.projo.com/news/content/projo_20051022_lead22.22722e9b.html

Judge allows as evidence ads promoting lead paint – 10/18/05 http://www.projo.com/news/content/projo_20051018_lead18.dd3c3ef.html