Defense for Victims Who Swallowed Toy Magnetic Balls
When children swallow the tiny magnetic balls sold as Buckyballs, NeoCube, Zen Balls, or under other names, the resulting medical issues can be severe and even life-threatening. These toys, meant to adorn adults’ desks, should not be made available to children under any circumstances. However, reports show that 204 incidents of children ingesting the balls have occurred just in the past year.
If your child suffered serious injury after swallowing Buckyballs or another brand of these magnetic desk toys, you have the right to pursue compensation for physical, emotional, and financial damages in a product liability lawsuit. Contact our dangerous products lawyers today to learn more about your rights. We offer free legal consultations, no legal fees unless your case is successful, and the kind of personal attention that is rare to find at other national law firms.
What are the Toys?
The toys in question are small magnetic balls (each about the size of a BB), that are sold as desk toys for adults. They are made of a rare-earth mineral called neodymium, which makes them roughly 15 times stronger than ordinary magnets. When these balls are swallowed, especially if two or more are swallowed, they can do extreme damage to the intestines or the stomach. In some cases, children who have swallowed the balls have faced potentially fatal complications in a matter of hours, so immediate medical attention is vital in such cases.
Injuries after Swallowing Magnetic Balls
According to the U.S. Consumer Product Safety Commission (CPSC), in the three years beginning in January 2009, there have been roughly 1,700 reported incidents of children requiring emergency room care after swallowing these toy magnets.
When two or more of the magnets are swallowed, they can attract to each other inside the body, causing blockages, severe tissue damage, or even organ perforation in the stomach or intestines. These injuries can be life-threatening if not diagnosed and treated quickly. In a study based on reports from the North American Society for Pediatric Gastroenterology, Hepatology and Nurtition, researchers determined that up to 80 percent of the children who swallow these magnets required either endoscopy or surgery. Some of the children needed to have portions of their bowels removed, which can lead to a lifetime of difficulties.
Buckyballs Magnetic Toy Recall
In September 2012, the CPSC filed an administrative complaint, asking that the companies that make these toys remove them from the market voluntarily. 11 of the 12 companies that make the toys complied, but Maxfield & Oberton Holdings, the company that makes Buckyballs, is fighting the move.
The last time the CPSC filed an administrative complaint was 11 years ago. The complaint, which is tantamount to a demand for a recall, was filed against Daisy Manufacturing, a maker of BB guns. A hearing will be held soon so that a judge can decide whether the CPSC’s request for a recall will be honored.
The American Academy of Pediatrics and the North American Society for Pediatric Gastroenterology, Hepatology and Nutrition support the recall proposed by the CPSC. According to Thomas McInerny, President of the American Academy of Pediatrics, “Young children naturally put things in their mouths as part of their development, and pediatricians counsel parents to be aware of this risk and keep dangerous items out of their child's reach. But no parent can be vigilant 100 percent of the time. The Consumer Product Safety Commission's ban is the decisive action needed to protect young children from potentially severe injuries.”
Contact an Experienced Product Liability Attorney
The dangerous products attorneys at our firm understand how traumatic injuries like those sustained after swallowing these magnets can be—not just for the child, but for the entire family. If a child you love has suffered injury and needed medical attention after swallowing Buckyballs or another brand of magnetic balls, you are entitled to pursue compensation for your damages in a product liability lawsuit. To learn more about your right to justice, contact us today to schedule a free legal consultation.