Class Action Lawsuit Over Lead in School Drinking Water

Butler, PAAt one time a staple of the manufacturing industry, lead has evolved from a common product found in everything from paint to children’s toys, to a known toxin, and the source of lead paint poisoning and other injuries to the nervous system and beyond. Thus, there’s little surprise that concerned parents would turn to the courts when lead was found in the drinking water of an elementary school in Pennsylvania, but were not informed for months, or so it is alleged.

Defendants in the lead poisoning class action are the Butler Area School District and former superintendent Dale Lumley. The lawsuit was filed in US federal court in early February.

According to court documents, plaintiff Jennifer Tait asserts the school district received test results that reflected levels of lead and copper in the water supply of Summit Elementary School located in Butler, Pennsylvania – about 50 miles north of Pittsburgh. Levels of lead in the school’s water supply were alleged to have been 200, to 300 percent higher than allowable limits. Additionally, levels of copper in the drinking water were found to be approaching levels that are also considered hazardous, or so the class action lawsuit claims.

The lawsuit notes that elevated levels of copper and lead in drinking water can lead to lasting injuries and damage to the brain and kidneys.

Tait asserts in her lead poisoning lawsuit that Lumley and the maintenance director of the school district received the results of water testing at the school, but decided against revealing the results to students or their parents in a timely fashion. The lawsuit, asserting risks to neurologic brain memory and the nervous system, claims the defendants knew the health risks, but withheld the information.

Tests were conducted in August of last year and the results were received by the defendants in September. The class action suit asserts that Lumley and his maintenance director – both of whom have since resigned – contacted the Pennsylvania Department of Environmental Protection (PDEP) with the test results to review their obligations to students and parents. The PDEP, according to court records, duly informed the school district officials that parents should be advised and the water should not be consumed. However, that communication never took place until months later, in January of this year, or so it is alleged.

“Representative plaintiff has been caused extreme mental and emotional anguish and distress, causing severe depression, nightmares, stress, and/or anxiety, some or all of which have or may require psychological treatment,” the complaint said.

The lead poisoning class action is Tait et al v. Butler Area School District et al., Case No. 2:17-cv-00182 in the US District Court for the Western District of Pennsylvania.