Our team at Shoop | A Professional Law Corporation is dedicated to keeping our clients up to date regarding possible defective products. The U.S. Consumer Product Safety Commission (CPSC) has issued a warning stating that there have been incidents involving children swallowing the magnets. They have filed an administrative complaint against the company, Maxfield & Oberton Holdings. This agency takes these types of cases very seriously because of the risk it puts children at. In this case involving Buckyballs and Buckycubes, the CPSC stated that there were not only defects in the design, but in the warning labels, instructions, and packaging of the products. They stated that the company has to cease from selling these items as well as notify the general public of the possible hazards to children.
This is not a recent situation, with the first recall occurring in May 2010. This voluntary recall affected 175,000 products and took place because the company became aware of two cases of children swallowing the magnets. Even though these particular children were not injured, it was still a serious risk. Even after this widespread recall took place, Maxfield & Oberton continued to receive stories of children swallowing these items. Some of the children did suffer injury because the magnets attracted each other while inside their bodies. There were reports of at least 12 surgeries which had to take place in order to remove the Buckyballs and Buckycubes form the stomach and intestines of the children.
In November of 2011, the company along with the CPSC started to try to educate consumers as to proper safety when using these products. They attempted to make it known that these products were only safe for adult use and educated consumers as to the possible risks children could face if they used them. Even after this push to educate, injuries still occured to this day regarding Buckyballs and Buckycubes. If you have questions about the dangers of these products or want to know if you have a case, please do not hesitate to contact our team.
We know how product manufacturers and corporations evaluate and defend these individual cases. Our experience allows us to anticipate the defense attorneys' strategy in defending a claim, and we make it our mission to familiarize ourselves with the product at issue and understand the engineering issues and complexities just as well as the manufacturer. We work with the most capable engineering experts to advance your case and articulate the design / manufacturing / or warning defects associated with the product.