Tenant Claims Child Injured by Lead Paint Before Birth
LVT Number: #20539
Tenant sued landlord, claiming that her child was injured before birth and while an infant by lead paint chips in tenant's apartment. Landlord asked for permission to obtain tenant's Medicaid and pharmacy records for the period while she was pregnant. Tenant asked the court to block production of these records. The court ruled against tenant. Tenant appealed and lost. Tenant placed her child's prenatal history at issue by claiming the child was harmed before birth. Tenant's medical history was at that time intertwined with the baby's.
Wideman v. NYCHA: NYLJ, 6/25/08, p. 36, col. 2 (App. Div. 2 Dept.; Rivera, JP, Lifson, Miller, Carni, Eng, JJ)