Lead Wars. Gerald Markowitz

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Lead Wars - Gerald Markowitz California/Milbank Books on Health and the Public

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bibliographical references and index.

      ISBN 978-0-520-27325-2 (cloth : alk. paper) :

      eISBN 9780520954953

      1. Lead Poisoning—history—United States. 2. Child—United States. 3. Environmental Exposure—United States. 4. History, 20th Century—United States. 5. Politics—United States. 6. Public Health—history—United States.

      QV 11 AA12013

      363.738/492— dc23

      2012042916

      Manufactured in the United States of America

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      10 9 8 7 6 5 4 3 2 1

      In keeping with a commitment to support environmentally responsible and sustainable printing practices, UC Press has printed this book on Rolland Enviro100, a 100% post-consumer fiber paper that is FSC certified, deinked, processed chlorine-free, and manufactured with renewable biogas energy. It is acid-free and EcoLogo certified.

      For Andrea and Kathy

      And

      In memory of John Rosen, MD, whose life was dedicated to protecting children and their families from the scourge of lead poisoning.

      Contents

Foreword by Carmen Hooker Odom and Samuel L. Milbank
Preface
Acknowledgments
1.INTRODUCTION: A LEGACY OF NEGLECT
2.FROM PERSONAL TRAGEDY TO PUBLIC HEALTH CRISIS
3.PEELING THE ONION: NEW LAYERS OF THE LEAD PROBLEM
4.THE CONTENTIOUS MEANING OF LOW-LEVEL EXPOSURES
5.THE RISE OF PUBLIC HEALTH PRAGMATISM
6.CONTROLLED POISON
7.RESEARCH ON TRIAL
8.LEAD POISONING AND THE COURTS
9.A PLAGUE ON ALL OUR HOUSES
Notes
Index

      Foreword

      The Milbank Memorial Fund is an endowed operating foundation that works to improve health by helping decision makers in the public and private sectors acquire and use the best available evidence to inform policy for health care and population health. The Fund has engaged in nonpartisan analysis, study, research, and communication since its inception in 1905.

      Lead Wars: The Politics of Science and the Fate of America’s Children, by Gerald Markowitz and David Rosner, is the twenty-fourth book in the series California/Milbank Books on Health and the Public. The publishing partnership between the Fund and the University of California Press encourages the synthesis and communication of findings from research and experience that could contribute to more effective health policy.

      Markowitz and Rosner’s first book published in the California/Milbank series, Deceit and Denial: The Deadly Politics of Industrial Pollution, provided the early history of the lead industry’s efforts to sell its product while knowing the devastating health effects it had on those exposed to it, particularly factory workers employed in lead-based industries and children living in homes decorated with lead paint. In Lead Wars, the authors reveal how this preventable, century-long public health scourge continues to plague children because partial removal of lead from homes—a process that proponents claim yields safe levels of lead—has been the chosen policy over complete abatement. While children rarely die of lead poisoning today, their exposure to “safe” levels of lead, instead of being protective, has caused them irreparable damage in the form of neurological, physiological, and behavioral problems.

      Lead Wars underscores the present-day challenge of public health, with the field’s shift of focus from prevention to harm reduction in the face of declining resources, lack of political mandate, and questionable professional will. As a result of the authors’ thorough research and analysis, this book will provide compelling reading for historians, sociologists, public health officials, ethicists, environmentalists, and anyone else interested in the effects that public policies have on people’s health and the environment.

      Carmen Hooker Odom

      President, Milbank Memorial Fund

      Samuel L. Milbank

      Chairman, Milbank Memorial Fund

      Preface

      In 1996 the City of New York Law Department asked us if we would evaluate a huge cache of documents they had received on lead poisoning and the lead industry. Several families whose children had been injured by lead paint used in some of the city’s public housing had sued the City; the City, in turn, had filed a suit against the lead industry, claiming that the industry bore some responsibility for injuries to these children. Through the discovery process the City had now amassed a roomful of documents that were drawn largely from the Lead Industries Association, the trade association for manufacturers of lead paint and other lead-bearing products. What, the City wanted to know, was in these voluminous papers it had accumulated? Could we help them figure out what these records showed about the history of lead, lead pigment, lead poisoning, and what the industry knew of lead’s dangers? Thus began a journey into the world of childhood lead poisoning that led ultimately to the writing of this book.

      What we found in that roomful of material and the further investigations it spurred became the basis for part of our earlier book, Deceit and Denial: The Deadly Politics of Industrial Pollution. That account of industry’s role in the development of a public-health tragedy would not have been possible without litigation, which brought to light literally hundreds of thousands of pages of company documents. In fact, without the cases, historians would never have seen internal memos and minutes of meetings in which company representatives from the National Lead or Sherwin-Williams companies, among others, discussed among themselves the dangers that lead paint posed to children as early as the 1920s. Nor would we have been able to learn of marketing campaigns aimed at counteracting public concerns over the dangers of lead—ads claiming lead paint was safe, sanitary, and useful on children’s walls, furniture, and the like.

      The documents gave us a new perspective on the history of lead poisoning, especially childhood lead poisoning, and its effects. The immediate fruit of our efforts was a lengthy affidavit that became part of the New York City case and then was quickly incorporated in other legal actions that, by the end of 2002, were under way in Chicago, New York, Buffalo, San Francisco, St. Louis, Milwaukee, and other cities around the country. Some of these cases were quickly dismissed by judges, but others were allowed to go forward. We were contacted and agreed to serve as expert witnesses in a number of these suits and, subsequently, other ones.

      As we were preparing Deceit and Denial, the Attorney General’s Office of Rhode Island asked if we would serve as historical consultants and, possibly, expert witnesses, in what would prove to be a groundbreaking lawsuit against the lead pigment industry.1 After years of document review and preparation, we were each deposed for many days and then appeared on the stand as experts for six days each. The jury verdict in favor of the State was exhilarating for us: history, we saw, had played an important role in addressing one of public health’s oldest and most frustrating epidemics—childhood lead poisoning. Two years later, however, Rhode Island’s Supreme Court overturned the jury verdict, reasoning that the case had been brought to court under the wrong law.2 Controlling the lead poisoning disaster, like resolving so many other environmental problems that currently plague the nation, would require more than history and good science.

      In

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