The deadline for the filing of a personal injury claim against the District of Columbia alleging lead paint poisoning began to run when the child was first treated for lead poisoning, not when she was diagnosed with neuropsychological damage three years later.

Little Mikia Ross lived with her family in public housing. She allegedly consumed lead paint chips and at the age of twenty-two months, underwent chelation therapy until her blood lead level declined. Because of her young age, it was medically impossible to determine whether the child suffered neuropsychological damage. Nearly three years later, the child was diagnosed with "severe and permanent neuropsychological injuries" caused by lead poisoning. Her mother's attorney notified the District of Columbia of the child's injuries and proceeded to file suit.

The defendant filed a motion for summary judgment, arguing that the complainant had not notified them within six months of her 1991 diagnosis. The mother's attorney opposed the motion, claiming that the child's elevated blood lead level was not medically an injury and the family could not know the extent of her injuries until neuropsychological testing could be conducted. The trial judge agreed and the suit was allowed to proceed.

The District requested the Court of Appeals to review the decision. The Court determined that the discovery of the entry of the harmful substance into the child's body marked the moment when her injury was sustained. In an analogy to plaintiffs in HIV/AIDS lawsuits, the Court noted the statute of limitations begins to run when the plaintiff learns of a positive test result.