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GENERAL INFORMATION |
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Magnetix Magnetic Building Sets Recall and Child Injuries Due To Swallowing The Magnets |
Background: First Magnetix Toy Recall Issued in 2006 |
On March 31, 2006, Rose Art Industries, Inc., a subsidiary of Mega Brands, LLC, issued a voluntary recall of all of its Magnetix Magnetic Building Sets. The small magnets inside the building pieces can detach, and when more than one magnet is swallowed or aspirated by a young child, the powerful magnets can attract each other, causing intestinal perforations and blockages.
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At the time of the recall, the Consumer Products Safety Commission (CPSC) was aware of 34 incidents, including one death and four serious injuries resulting from the dangerous toys. Rose Art advised consumers to stop using the toys immediately and return them for a free replacement product suitable for children under age 6.
Second Recall Issued for Faulty Magnet Construction Pieces in 2007
An expanded recall was announced on April 19, 2007 due to continuing reports of injuries since the initial recall a year earlier. The expanded recall also warned consumers of the danger to older children, ages 6-11, in addition to those under the age of 6. Of the 27 intestinal injuries reported, 10 occurred in children belonging to the older age group.
The new recall did not include sets sold after March 19, 2006. There were more than 1,500 consumer complaints of magnets detaching from building pieces reported to Mega Brands by that time. In total, the two recalls involved 4.2 million toys, according to the CPSC.
Millions of Defective Magnet Building Pieces Remain on The Market
On June 18, 2007, the CPSC sponsored a forum on magnet ingestion, during which it was determined that magnet ingestion is likely to be a growing problem since age-weakened plastic causes the magnets to loosen more easily.
While the CPSC does not release specific data pertaining to recall response rates, Scott Wolfson, a spokesman for the CPSC, stated to the Philadelphia Daily News in December 2007 that he is nervous because their data indicates that millions of defective sets have not been turned in, and therefore remain in the hands of children. Wolfson stated in the same article that 8 million toys were affected by the recalls, contradicting earlier reports that 4.2 million were involved.
Legal Rights of the Injured
The law in most states provides individuals with legal claims and the right to compensation for injuries they suffer as a result of a defective product or the negligence of another. The injured person may file a lawsuit seeking compensation for his or her pain and suffering, medical expenses, lost past and future wages and punitive damages.
Magnetix Child Injury: Contact Personal Injury Attorney | Lawyer
If your child was injured after ingesting a defective magnet toy, please contact an experienced personal injury attorney at Lieff Cabraser. Alternatively, you may
call us toll-free at 1-800-541-7358 and ask to
speak to attorney Fabrice Vincent.
About Lieff Cabraser
Founded in 1972, Lieff Cabraser Heimann & Bernstein, LLP is an over fifty attorney law firm with offices in San Francisco, New York and Nashville. For the last six years, the National Law Journal has recognized Lieff Cabraser as one of the top 20 plaintiffs’ law firms in America.
For our personal injury cases, we bring a team of experienced lawyers. Each client is assigned an individual lawyer. In addition, we have on staff multiple nurses, legal assistants, scientific analysts and case clerks to assist the attorneys. To learn more about our firm, click here. |
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