The fifth witness for the state in the trial against paint companies said information about the hazards and sources of lead exposure was available during the first half of the 20th century.

01:00 AM EST on Wednesday, November 23, 2005

BY BRANDIE JEFFERSON
Journal Environment Writer

PROVIDENCE -- John was an "unusually attractive infant," according to a paper published by the Baltimore City Health Department in 1939, who was "just getting some teeth and since the window sill came just at the height of his mouth, it was great fun for him to chew on the cool, smooth white till."

John [whose last name was not published] was lead poisoned, treated and released from the hospital. Five years later, however, he was described by Dr. T. Campbell Goodwin, of the Baltimore Health Department, as "a stupid, dull child who is unable to keep up with his contemporaries, even in kindergarten."

On Monday, Dr. Michael Kosnett, on the faculty at the University of Colorado and a specialist in environmental medicine and toxicology, testified on behalf of the state that this and other case studies were readily available to the medical community in America before 1950.

Kosnett is the fifth witness in the state's trial against four companies accused of creating a public nuisance by making lead-based paint that continues to poison children.

He spent three days testifying about the information that was available to the medical community and the public about the hazards and sources of lead exposure during the first half of the 20th century.

Although most of Kosnett's testimony referred to articles published in medical journals, excerpts from speeches and textbooks, Fidelma Fitzpatrick, the state's lawyer, also presented an article from Time magazine, written in 1943, titled "Paint Eaters" that read, "if your child is slow with building blocks, but quick on tantrums, he may be a lead eater."

At Monday afternoon's cross-examination, Atlantic Richfield lawyer Peter Bleakley focused on a study done in the city of Brisbane in Queensland, Australia, by Dr. J. Lockhart Gibson, suggesting that a warm climate caused paint to deteriorate faster, and made its residents uniquely susceptible to lead poisoning.

Kosnett repeatedly qualified his answers during his testimony, prompting Judge Michael A. Silverstein to admonish him to answer the questions directly.

NL Industries lawyer Donald Scott questioned Kosnett yesterday morning about the relationship between lead poisoning and pica, an eating disorder characterized by a compulsion to eat nonfood items such as sand, dirt or paint chips.

Scott posited that "it wasn't that lead poisoning caused pica," but that a child with the disease was more likely to ingest paint on furniture or window sills.

The defense ended with cross-examination by Sherwin-Williams lawyer Paul Pohl, who questioned Kosnett closely about the source of the documents he used in his research -- how much was fed to him by the state. Kosnett said he did his own research, but he said if the state already had a copy of an article he wanted, he included it in the documents he presented in court.

When asked about how much he was being paid by the plaintiffs, Kosnett said "a little less than, or about" $100,000 so far.

Court is in recess until Monday when the defense is scheduled to begin cross-examination of Dr. Patricia Nolan, former state health director.

Brandie Jefferson has a fellowship with the Metcalf Institute for Marine and Environmental Reporting. She can be reached at bjeffers@projo.com.