Two years after the U.S. Consumer Product Safety Commission (CPSC) filed an administrative complaint against the maker of Buckyballs and Buckycubes, the case has finally settled. *Source: www.cpsc.gov
In July 2012, the CPSC filed a complaint against Maxfield and Oberton Holdings, LLC. In May of 2013, the CPSC amended that complaint and added Craig Zucker, an officer of Maxfield and Oberton Holdings, after Maxfield and Oberton Holdings was dissolved.
The CPSC’s complaint sought a mandatory recall of Buckyballs and Buckycubes, which are toys made of high powered magnetic balls. See Maker Of Magnetic Desk Toy Sued Because Of Ingestion Risks And Serious Injuries To Young Children, Tweens And Teenagers
From 2009 to the present, the CPSC received numerous reports of consumers ingesting the magnetic balls, and many of the injury reports required surgeries for the injured consumers.
When multiple magnets are ingested, they cause serious injuries internally and may lead to death. The magnets attract to each other, connect and can cause intestinal perforations or blockages, which can be fatal.
The injury reports often involved young children, tweens and teenagers. The loose balls can roll on the floor, which allows young children to find them, put them in their months and ingest them.
Prior to the CPSC filing the complaint, the company announced a voluntary recall of 175,000 Buckyball sets due to improper labeling in 2010. A year after, the company even worked with the CPSC to inform and educate consumers that the toys were intended for adults only. However, even after the recall and cooperative safety alert, ingestion of the product continued to happen.
When the CPSC filed its complaint in 2012, Maxfield and Oberton Holdings, LLC disputed the magnetic toys’ danger and vigorously defended its right to market the magnetic toys on its website.
As part of this recent settlement, the toys have been recalled. In addition, a Recall Trust will be established for the consumers by Mr. Zucker. For more information about the Recall Trust, visit www.cpsc.gov.
When a consumer is injured by a dangerous recalled product, they may file a products liability lawsuit against the manufacturer.
The manufacturer may be responsible for the consumer’s injuries and damages because of a design defect or a manufacturing defect.
A design defect occurs when the product is not made safely for a consumer’s use. A manufacturing defect occurs when something happens during the manufacturing process that makes the product defective.
If you or your child was injured by a dangerous recalled toy, feel free to call the lawyers at White and Williams LLP. Daniel J. O’Brien has extensive experience helping injured consumers recover maximum financial compensation from the product manufacturers. Call today to schedule a FREE consultation. 877.944.8396