On appeal, the court accepted the plaintiffs’ theory that the cost of lead testing or assessment could constitute compensable damage, but held that plaintiffs failed to state a claim because they had not adequately pled the requisite causation element. The plaintiffs argued that the complaint contained causation allegations because they had alleged that “the risk of poisoning from exposure to lead pigments in paint such as that promoted and supplied by the defendants is so significant that it has become medically necessary that all children six months through six years of age residing in the State of Illinois be tested” under the Lead Poisoning Prevention Act (410 ILCS 45/1 et seq. (West 2000)). The court disagreed, holding that the plaintiffs had failed to identify a specific manufacturer and therefore failed to allege the required causal link between a specific defendant’s acts and the plaintiff’s injuries.

On appeal, the court accepted the plaintiffs’ theory that the cost of lead testing or assessment could constitute compensable damage, but held that plaintiffs failed to state a claim because they had not adequately pled the requisite causation element. The plaintiffs argued that the complaint contained causation allegations because they had alleged that “the risk of poisoning from exposure to lead pigments in paint such as that promoted and supplied by the defendants is so significant that it has become medically necessary that all children six months through six years of age residing in the State of Illinois be tested” under the Lead Poisoning Prevention Act (410 ILCS 45/1 et seq. (West 2000)). The court disagreed, holding that the plaintiffs had failed to identify a specific manufacturer and therefore failed to allege the required causal link between a specific defendant’s acts and the plaintiff’s injuries.