Judge: Class-Action Against Toy Makers Can Proceed

December 11, 2008

  • December 11, 2008 at 10:25 am
    bah humbug says:
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    and they don’t want to pay for medical testing, these companies are creeps.

  • December 11, 2008 at 1:07 am
    Anonymous says:
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    This lawsuit is just another rip-off by the trial lawyers….how much damage do you really think any child suffered because he played with a toy that had a high lead content? And Wal-Mart didn’t make the toys, didn’t know they were unsafe – they are being sued because they have deep pockets. How much do you think the “class members” will receive from the inevitable multi-million dollar settlement? Probably coupons for $10 toward a toy at one of the retailers listed in the lawsuit. The attorneys will make millions of dollars in fees. What a scam.

  • December 11, 2008 at 1:18 am
    Anon says:
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    OMG ! How do I get on the band wagon ! ! ! I played with toys that had lead in them, ate paint off the wall, mold out of the yard, grass off the lawn and managed to become a functioning member of society… oh wait… I’m in insurance…

    Let me know where to sign up and I’ll hop into my 1960’s car with no seat belts, fill it up with leaded gasoline and be on my way –

    Lawyer scum – Parents irresponsibility – Get over it – we live..

  • December 11, 2008 at 1:26 am
    SFOInsuranceLady says:
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    First of all, I bet some of these kids weren’t merely playing with the toys, some of these kids probably put these toys in their mouths. A typical habit of children ages infants to 3 years (or there-about).

    While I agree that the trial lawyers of the class action stand to make a bundle due to the deep pockets of Mattel, Wal-mart, etc…., why don’t we put the blame where it belongs? NAFTA….if only we could do away with NAFTA, then maybe we can increase production in this country, whereby these manufacturers of these toys will be forced to comply with government standards regarding lead-based paint, creat more jobs for OUR OWN people, thereby trying to eliminate this recession that this country is experiencing. Then maybe the dollar would be worth something again!

  • December 11, 2008 at 1:46 am
    Wes says:
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    China is not in NAFTA, you dud.

    NAFTA stands for North American Free Trade Agreement.

    Must be a product of public education…

    W

  • December 11, 2008 at 1:52 am
    Baxtor says:
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    NAFTA has nothing to do with this.
    I have no problem with Walmart or Mattel being sued. This is the problem when you sell items made outside of our country. They need to make sure they are safe at that point. We all know Walmart wants to be listed as an additional insured if you sell anything through them. Well guess what, if a company in China named them as an additional insured but now don’t want to defend them, too bad!
    And why class action? Screw that. The lawyers that jumped on that will never have to work again when it’s over. And like the other person wrote, the rest of us will end up with a $10 off coupon or even worse, $1.75 check.

  • December 11, 2008 at 1:59 am
    SFOInsuranceLady says:
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    Wes,
    Must you resport to name-calling? Goes to prove where you were educated.

    I’m not talking about China (event though that’s where these toys were made). I was talking about the other countries (yes, Canada & Mexico) where the greedy USA mega-manufacturers are employing
    thousands, therby taking jobs that belong here, in America, you dunce. Besides, if we were to “close our borders” to this, perhaps China, India and Pakisatn will follow. When was the last time you called a CSR for anything and got someone here in America?

  • December 11, 2008 at 2:06 am
    caffiend says:
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    From personal experience. Every day that I have to I call CSR for one of the companies I work with, I get someone that lives and works in the US.

  • December 11, 2008 at 2:13 am
    Time Out says:
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    I am no fan of these big corporations, but it appears they tried to do the right thing voluntarily and some scum scuking attorneys want to make a class action out of it? Just what we need….a boost to the economy!!

  • December 11, 2008 at 2:13 am
    CJ says:
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    Try calling Dell or some of the other “biggies”. My last two calls were answered by people in India! And, they don’t speak English very well and we pay for the poor support each time we purchase a product. I don’t care how cheaply they get their help, it sure doesn’t reduce the price I pay for their items.

  • December 11, 2008 at 2:47 am
    SFOInsuranceLady says:
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    Amen, CJ! You should have heard the voice-mail message left by HP on my phone
    last week. Couldn’t understand a word because she was talking so fast! These companies are reaping in the big bucks and they are probably only paying them $3. an hour….I wonder whent he Insurance Carriers are going to catch on?
    Never, probably-becasue they are REGULATED.

  • December 12, 2008 at 1:56 am
    Shield says:
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    I doubt that many, if any kids were hurt by these toys. However, if they were, then those who were hurt should sue these companies individually with each case being looked at on its own merit. This class action stuff is designed to do nothing more than enrich trial lawyers.

  • December 15, 2008 at 10:10 am
    bob says:
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    Just the magnet part is pretty shocking.
    The U.S. Consumer Product Safety Commission (CPSC) is aware of hundreds of complaints that magnets have fallen out of various toys and at least 33 cases where children swallowed loose magnets and required emergency surgery. In addition, a 20-month-old boy from Seattle, Wash. died.

    Of the 33 cases, the children ranged in age from 10 months to 11 years, the majority were older than three, and the majority were boys. All of the injuries led to hospital stays, which ranged from three to 19 days. In nearly all cases reviewed by CPSC, children had suffered intestinal perforations.

    In addition to the intestinal injuries from swallowing loose magnets, the CPSC is aware of one case of intestinal perforation after a child swallowed magnetic jewelry that was being worn on the child’s tongue, two cases of intestinal perforations after children swallowed complete components of building sets containing magnets, one aspiration of a loose magnet, and one perforation of the nasal wall from nose jewelry.

    Within the past year, the CPSC has conducted five recalls with more than eight million products containing magnets that could come loose and fall out of the product. In the fall of 2006, the CPSC alerted parents to the emerging hazard of magnets. Even so, children continue to be treated in emergency rooms across the country for complications due to ingesting magnets or toy components with magnets.

    If two or more magnets, two or more magnet components, or a magnet and another metal object are swallowed separately, they can attract to one another through intestinal walls. When this happens, parents and physicians may think that the materials will pass through the child. But with magnets this is often not the case. The magnets become trapped in the body and can twist or pinch the intestine, causing holes, blockage and infection in the intestine or blood poisoning. All of which can lead to death.

    The CPSC is working with manufacturers, the toy industry and other stakeholders to protect children from the dangers of magnets. New voluntary standards requirements were approved on March 15th. In addition, the voluntary standards group will continue to consider additional requirements during the next year.

    In the meantime, the CPSC is working to help those in the medical community better understand the hazard and how to properly diagnose it.

    To help prevent serious magnet ingestion injuries the CPSC recommends:

    Seek prompt medical attention if you suspect your child may have swallowed a magnet
    Look for non-specific abdominal symptoms: abdominal pains, nausea, vomiting and diarrhea
    Note that objects in x-rays may appear as a single object that could actually be multiple magnetic pieces separated by trapped intestinal walls
    Keep small magnets and small pieces containing magnets away from young children who might mistakenly or intentionally swallow them
    Look out for loose magnetic pieces – regularly inspect toys and children’s play areas for missing or dislodged magnets
    CPSC has also prepared a safety alert on the hazard posed by small magnets.
    Under federal law, American distributors are responsible once a foreign product is recalled. Many state laws prevent suits against retailers unless service on the foreign mfr is not possible.



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