The first claims were levied against Rose Art after the magnetic portions of their toys started breaking off. These tiny pieces are noted in legal documents to be around the approximate size of baby aspirin. As such, they are very easy for children to accidentally consume. Aside from being obvious choking hazards, severe intestinal damage also resulted from the ingestion of these little magnets.
Problems with the malfunctioning toys quickly escalated after a toddler died. This fatality occurred on Thanksgiving Day in 2005, and it was the first incident that mandated an official investigation by the CPSC. Typically, when a toy has been reported as dangerous, protocol requires a response within 24 hours. Turning reports in later than a full day is legally considered an act of neglectful wrongdoing. Sadly, Rose Art submitted their report regarding the first death in December, which is far after the initial deadline. Furthermore, they blamed the child for his own death by claiming he used the toys in an abusive manner.
The corporation’s propensity to accuse a deceased 2 year-old victim is egregious and reprehensible. Kenny Sweet Jr. was no different than any other toddler, but the poor judgment of a toy company led to his demise. After swallowing multiple magnets, the child began exhibiting signs of stomach sickness. Unfortunately, he was taken to the hospital too late. The magnets had reattached inside his intestines, and this internal motion caused the walls of his organs to rupture. This also caused serious obstructions in the digestion tract. As a result, the child died tragically of heart failure within moments of arriving at the medical facility.
Based on this devastating incident, CPSC operators filed a subpoena that revealed the company was covering up over 1,100 complaints from customers specifically regarding the loose magnets. Numerous documents were stated to contain notes of potential injury before the toddler was killed, which meant his death was completely preventable. In fact, the government fined the company $1.1 million for the delayed reporting. Following this revelation, Rose Art was forced to recall over 4 million products that were being marketed to those under the age of 6.
This first recall started in 2006, but it was expanded in 2007. At this time, the company was obligated to pull their entire line-up from store shelves. Until this point, Magnetix toys designated for older children remained available. All of these products possessed a similar defect, and the pieces that fell off were still in the vicinity of the elder kids’ younger siblings.
Perhaps as an attempt to avoid responsibility, the company even changed their name by 2007. Under the guise of an acquisition, the ownership of Magnetix was transferred from Rose Art Inc. to Mega Brands America Inc. This change occurred after the initial lawsuits were filed, and subsequent litigation attempts were met with claims that the former company failed to inform Mega Brands of the issue. Despite altering the title, defects remained unaddressed.
In the time that has passed since the initial sequence of horrific events, over 5,000 reports of potentially disastrous broken Magnetix toys have been compiled. This is a staggering figure when compared to most other recalls. It usually only takes a couple reports of danger before a product is blacklisted from sale in the United States, so the fact that Rose Art remained undetected for so long is shocking and abysmal.
Even worse, Mega Brands has filed multiple motions to dismiss the cases against them. This action amounts to saying the kids were hurt on their own accord when this is the opposite of the truth. These toys were readily supplied to preschools, which is one of the first settings where painful accidents occurred.
According to surgeons familiar with the harm caused by these toys, the only comparable injury is that of a gunshot wound. There is nothing else in modern society that tears through the body in this manner. If your kids have suffered due to the malfeasance of Magnetix, then it is time to seek justice.
Our lawyers know that these children were injured through no fault of their own. There is ample evidence ready for reference that proves irrefutable culpability on behalf of the Magnetix brand. We are prepared to assert that Mega Brands not only failed to protect their consumers from severe defects that result in agonizing injuries, but that they are also intentionally skirting responsibility for the urgent matter.
We have the expertise to take on this company. A class action suit is building, and there is serious momentum behind the litigious effort. This is mainly because the case will be backed up by a combination of recall paperwork and fines for improper behavior. Doctors unanimously agree that the toy parts are the sole cause of this horrible hazard. Surgeons have collected the specimens in jars after extracting them from victims, and CPSC has the bio-waste material stored as evidence against Mega Brands.
Too many kids have been maimed and killed. The suffering experienced by these young individuals has been uniquely excruciating. There is no amount of compensation in the world that can make up for their pain, but at least the extensive medical bills can be covered. Mega Brands needs to be held accountable for their crimes against children immediately.
The outrage is rightfully palpable. Citizens should be up in arms about this travesty masquerading as legitimate manufacturing. Nothing can restore the lives of children that were lost, or undo the trauma of those that survived. The core design of their products is fundamentally flawed to a fatal degree, and countless recalls reflect these inherent risks that were being ignored by Rose Art and Mega Brands.