Children still not tested for mercury

Despite a judge's order more than a year ago, the children who inhaled toxic mercury vapors in the infamous former Kiddie Kollege day care still have not been monitored for potential medical problems.

The story attracted national attention in July 2006, after New Jersey inspectors discovered babies and children playing inside a heavily contaminated Gloucester County building that had once been a thermometer factory.

Kiddie Kollege has become a frequently cited cautionary tale as laws have been adopted to keep other children from being subjected to toxins. But the 100 who were exposed over two years at the Franklin Township day care and nursery school have been nearly forgotten in a bitter court fight that is again gathering steam.

A motion for a retrial is pending in Superior Court in Gloucester County.

"I keep wondering how our kids got lost in the system," said Catherine Cuffy, whose son, Garrett, attended Kiddie Kollege from age 18 months to 3.

"Other than demolish the building, they haven't done anything for the children," Cuffy said. "There was no follow-up to find out 'did the mercury affect them, and how?' "

Garrett, now 8, has been diagnosed with attention-deficit/hyperactivity disorder, which his mother says may have resulted from his exposure to mercury. Health experts say the toxin can cause neurological and kidney dysfunction.

Cuffy wants Garrett monitored to determine whether he develops other conditions that could be attributed to his exposure.

When the state Department of Health tested the children's urine in the weeks after the day care was closed, Garrett's had an elevated level of the toxin. Subsequent tests showed the levels had dropped.

Garrett says he wants continuing testing "to find out if I am OK."

Months after Kiddie Kollege was closed, a class-action lawsuit was filed against the building's owners and against local, county, and state government agencies alleging negligence. The children's lawyers asked the court to establish a fund to pay for medical monitoring.

Years of litigation led to a stormy three-month trial and a Jan. 11, 2011, verdict by New Jersey Superior Court Judge James Rafferty. All of the defendants were negligent, he said, because they knew of the contamination before the day care obtained approvals to open.