Rare Earth Magnet Swallowing Injury Lawyers
If you’re a parent, you know there are a lot of dangers to look out for when trying to protect your children, but one thing you shouldn’t have to worry about are your children’s toys. Unfortunately, there have been a string of injuries caused by Buckyballs and other similar magnetic toys. Due to insufficient product warning labels, parents aren’t always aware of how dangerous these toys can be. When swallowed, they can cause painful internal injuries to children that require lengthy surgeries. Some instances have resulted in death, and even when the child emerges relatively healthy, their family still suffers from the undue financial burden caused by the injuries.
Personal injury laws exist to hold the manufacturers of dangerous rare earth magnets responsible for the threat posed by their products. At McEldrew Young Purtell, we’ve handled thousands of personal injury cases. We’ll walk you through some of the basics concerning the dangers of magnetic toys and what steps you can take to defend your legal rights.
What Are Rare Earth Toys
Rare earth toys include brands like Buckyballs, Buckycube, Nanospheres, and Zen Magnets. They usually consist of a collection of small neodynium magnets that can connect together to make different shapes. This makes them popular as both adult desktop toys and as a creative toy for children. Unfortunately, the individual magnets are high-powered and are often smaller than the size of a marble. This makes them highly dangerous when ingested.
Injuries From Rare Earth Magnets
It’s fairly easy for children and young adults to unintentionally swallow the small magnets, and, when they do, they may not realize the serious dangers the magnets can pose. Both of these issues are caused by insufficient warning labels placed on the product by the manufacturer.
If more than one of the magnets is swallowed, their intensity means that they can attract through and across vulnerable internal organs, damaging the soft tissues around the digestive tract in places like the walls of the intestine. The types of damage this can cause include injuries like:
- Intestinal wall perforation
- Intestinal blockages
- Internal bleeding
According to the U.S. Consumer Product Safety Commission, at least 200 children have suffered mild to severe injuries as a result of swallowing these magnetic toys.
Liability For Magnet Swallowing Injuries
Multiple national recalls have been triggered by the Consumer Product Safety Commission (CPSC):
- In 2006, over 4 million sets of Magnetix building toys were recalled after a death, a choking incident, 27 intestinal injuries and over 1,500 swallowing incidents
- In 2012, the CPSC brought an administrative complaint against Zen Magnets in order to force a product recall due to a product defect
- In 2014, after multiple recalls, the distributors of BuckyBalls settled with the CPSC to offer any purchasers of the product guaranteed refunds
The CPSC has commonly blamed inadequate warning labels for the danger of magnetic toys and cited that reason in their complaints. These toys are meant to be used by those above the age of 13, but because of the wording of the warning labels, the full risk posed by these magnets aren’t made clear to consumers, violating federal regulations. Despite the dangers, magnetic toys continue to be marketed and sold to children.
Philadelphia Magnet Swallowing Injury Lawyers
Personal injury laws exist to hold companies responsible for injuries caused by their sale of rare earth magnet toys. If your child was injured by a magnetic toy, your best course of action is to consult an expert law firm as soon as possible. Only an experienced attorney can fully explore all of your legal options.
With over 30 years of experience in personal injury law, McEldrew Young Purtell has the knowledge and expertise to fully evaluate your situation and defend your legal interests. To schedule a meeting for a free consultation, fill out our form or call us directly at 1-800-590-4116.