If your child ingested a button battery and suffered a severe injury, a lawsuit against the manufacturer of the toy or device may be warranted. If the doctor or emergency room misdiagnosed your child’s condition, then a medical malpractice lawsuit may be in order.
McEldrew Young has the team of Catastrophic Injury Attorneys to investigate and litigate your case involving a battery injury. Call 1-800-590-4116 to speak to one of our trial lawyers as part of a free, initial legal consultation.
Button batteries are small and shiny and increasingly present in children’s toys and small electronics. If there is a product defect or a design flaw with the device, a child may gain access to one and swallow it. Ingestion of more than 3,000 button batteries in the United States every year results in a trip to the Emergency Room.
Kids generally put button batteries in either their nose, ears or mouth. Even if a battery has stopped powering a device, it can still have enough charge to cause severe tissue damage. Children who may have swallowed a battery should be taken to the emergency room immediately.
If stuck in the nose, nasal septum perforation or scar tissue may result. Placement in the ear canal can lead to injuries such as hearing loss.
Esophageal button battery injuries can have catastrophic results. If stuck in the throat, it may result in perforation, vocal cord paralysis
Product Defect – Children should not be able to remove batteries from devices that are properly packaged and have safeguards against opening the battery compartments. If there is a defective design, a lawsuit against the toy or electronics manufacturer may be warranted.
Failure to Warn – Toys have warnings about their appropriateness for different age children for a reason. If the product was packaged without a warning about possible ingestion, and harm resulted, a jury may find that the company was obligated to warn users about the potential issue.
Medical Malpractice – If a child is taken to the emergency room after swallowing a battery and the doctor misses the diagnosis, serious injury can result. An x-ray usually provides conclusive evidence of the ingested battery. If the doctor or ER staff’s conduct fell below the acceptable standard of care, a malpractice lawsuit may be viable.
If your baby or small child has swallowed a button battery and was injured as a result, call an attorney at McEldrew Young.