Parker Waichman LLP

Request for New Trial Submitted in Lead Poisoning Lawsuit

Following a jury verdict of $7 million for making lead paint that allegedly caused harm to a Mississippi athlete, paint manufacturer Sherwin-Williams, has a filed for a new trial, according to PublicNuisanceWire.com. It seems, said PublcNuisanceWire.com, that as a result of ingesting lead paint chips when he was a child, Trellvion Gaines—a former football and […]

Following a jury verdict of $7 million for making <"https://www.yourlawyer.com/practice_areas/toxic_substances">lead paint that allegedly caused harm to a Mississippi athlete, paint manufacturer Sherwin-Williams, has a filed for a new trial, according to PublicNuisanceWire.com.

It seems, said PublcNuisanceWire.com, that as a result of ingesting lead paint chips when he was a child, Trellvion Gaines—a former football and basketball player—allegedly suffered neurological illness and cognitive delays. The lawsuit—Trellvion Gaines V. The Sherwin-Williams Company—states that the paint giant was responsible for Gaines’ childhood lead poisoning.

Many consider lead poisoning to be one of the most important chronic environmental illnesses affecting children today. Exposure to lead in children and unborn children can cause brain and nervous system damage, behavioral and learning problems, slowed growth, hearing problems, headaches, mental and physical retardation, and behavioral and other health problems. Lead is also known to cause cancer and reproductive harm. Despite efforts to control, serious cases still occur. Once poisoned, no organ system is immune. Of particular concern is the developing brain because negative influences can have long-lasting effects and can continue well into puberty and beyond.

Lead poisoning is said to be the most common environmental illness in children in the U.S. and—although occurring in all groups—frequency varies with age, socioeconomic status, community population, race, and the age of the home. According to the 1997 National Health and Nutrition Examination Survey (NHANES), 16.4 percent of children living in cities with over a million people and in homes built before 1946 have elevated lead levels.

During the trial, Shermeker Pollard, Gaines’ mother, alleged her son was unable to attend college due to the lead poisoning he suffered from paint, said PublicNuisanceWire.com, adding that Gaines’ attorney also brought in witnesses who said his “deficits” would prevent him from attending college, citing Sherwin-Williams’ motion for a new trial.

Lead paint was made illegal in 1978; however, “some municipalities, counties, and states allege” that paint makers manufacturing paint when legal have created a “public nuisance,” said PublicNuisanceWire.com. Sherwin-Williams claims it did not manufacture paint containing lead after 1972; Gaines is scheduled to play football at Southwest Mississippi Community College on a scholarship, said PublicNuisanceWire.com.

According to Hans von Spakovski of the Heritage Foundation, “When lead paint was made more than 50 years ago, it was a legal product. State and federal government even recommended and required it in governmental housing projects,” quoted PublicNuisanceWire.com. In 2003, Sherwin-Williams won summary judgment in the case, which the state Supreme Court overturned in 2007, reinstating it, said PublicNuisanceWire.com.

A major challenge with lead poisoning is the difficulty in recognizing its subtle symptoms and that no pathognomonic—or definitive—indicators exist or point to contamination. Children with lead poisoning may experience irritability, sleeplessness or excess lethargy, poor appetite, headaches, abdominal pain with or without vomiting—and generally without diarrhea—constipation, and changes in activity level. Children with lead toxicity may be iron deficient and pale because of anemia and can be hyperactive or lethargic. There may also be dental pointers, such as lead lines on gingival tissue.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
My husband and I would like to personally thank Ashley Lopilato and Parker Waichman for their assistance in having a successful outcome through a long and very difficult process. It was a relief to have Ashley and the staff follow-up on the status of our claim and keeping us informed. It was worth the wait! We recommend Parker Waichman to handle your legal needs.
Yolanda Quinones
3 years ago
5 Star Reviews 150
I would like to give a sincere thank you to Ms. Benita Rollis her professionalism and demeanor was outstanding very helpful in my case she kept me informed she reach out to me by telephone calls and emails, very pleasant and understanding I thank you for all of your help. Sincerely,
Celeste Henderson
2 months ago
5 Star Reviews 150
Christina Morace the paralegal at Parker Waichman was professional and extremely helpful. Great job!
Vincent Gesuele
2 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038