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Parents in Illinois Demand Medical Monitoring Alleging Widespread Lead Exposure

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Case ID: 2602 | Environmental | 08/05/2003

An Illinois class action has been filed against the Lead Industries Association, Inc. and numerous other companies on behalf of parents who allege that their children were exposed to the harmful substance because the companies conspired to produce and sell lead-based paints with full knowledge of its harmful side effects, in violation of state and federal environmental laws. The action seeks funding to support medical monitoring programs for the children.

The trial court initially dismissed the case, but on appeal the conspiracy case was revived and has been sent back to the trial court for further proceedings. The action had been dismissed because the plaintiffs could not name a particular manufacturer in the exposure claims; instead, they alleged that various lead paint producers, an industry association, and Eagle-Picher Industries Inc., a defunct corporation, were the sole suppliers and promoters of lead pigment. They also alleged that every one of the companies was a party to a conspiratorial agreement to sell paint despite knowledge of its health risks, and to suppress research that would have brought these risks to the public. The appellate court ruled that it did not matter that no one defendant could be named since all were named as a unity.

Named plaintiffs Mary Lewis, Tashswan Banks, and Jacqueline Nye alleged that as a result of health hazards associated with lead-based paints sold before 1978, all minor children in Illinois "are now, have been in the past, and will be indefinitely in the future, exposed to and at risk for lead poisoning."


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