Due to reports of injuries and deaths and concern for children’s safety, this past month the U.S. Consumer Product Safety Commission (CPSC) filed Administrative Complaints against the manufacturers of two children’s toys: high-powered magnets and infant recliners. The CPSC alleges that Magnicube Magnet Balls and Magnet Cubes contain defects in their design, packaging, warnings and instructions pose a substantial risk of injury to the public. The second complaint alleges that the Nap Nanny Generation One and Two, and Chill model infant recliners contain defects in the design, warnings and instructions, which pose a substantial risk of injury and death to infants.
Both complaints seek an order requiring that the manufacturers, Star Networks and Baby Matters, LLC, notify the public of the defect and offer consumers a full refund. By filing the complaints, the CPSC forces these products to undergo a thorough vetting by an administrative law judge.
The Commission staff filed the administrative complaint against Star Networks after discussions with the company and its representatives failed to result in a voluntary recall plan that CPSC staff considered to be adequate and the company resumed sale of these products in November.
Magnicube Magnet Balls and Magnet Cubes sets contain from 125 to 1,027 high-powered rare earth magnets, manufactured in China. CPSC has received dozens of reports of ingestions of high-powered small magnets. The reports include ingestions of magnets by toddlers who placed similar magnets in their mouths and ingested them, as well as older children and teenagers who accidentally ingested this type of products while using it to mimic piercings of the tongue, lip, or cheek.
CPSC has received 80 reports of incidents involving ingestion of high powered magnets, resulting in 79 reports seeking medical intervention. The complaint estimates about 22,000 sets were sold.
When two or more magnets are swallowed, they can pinch or trap the intestinal walls or other digestive tissue between them, resulting in acute and long term health consequences. Magnets that attract through the walls of intestines result in progressive tissue injury. Such conditions can lead to infection, sepsis, and possibly death. Medical professionals may not be aware of the dangers posed by ingestion and the corresponding need for immediate medical intervention in such cases, exacerbating the life-threatening injuries.
The CPSC’s administrative complaint regarding infant recliners alleges that the Nap Nanny Generation One and Two, and Chill model infant recliners contain defects in the design, warnings and instructions, which pose a substantial risk of injury and death to infants.
CPSC is aware of nine deaths: four infants who died in Nap Nanny Generation Two recliners and five deaths involving the Chill model. To date, CPSC has received a total of over 70 additional incident reports of children nearly falling out of the product.
The Nap Nanny is a portable infant recliner designed for sleeping, resting and playing. The recliner includes a shaped foam base with an inclined indentation for the baby to sit and a fitted fabric cover with a three point harness. Five thousand Nap Nanny Generation One and 50,000 Generation Two models were sold between 2009 and early 2012 and have been discontinued. One hundred thousand Chill models have been sold since January 2011.
If you or someone close to you has been injured by a product that was not properly manufactured, designed or labeled, contact the offices of Levine & Slavit, PLLC in New York or Long Island for their help. We have offices in Manhattan and Long Island, handling cases in New York City, Brooklyn, the Bronx, Queens and surrounding areas including Nassau, Suffolk and Westchester Counties. For 50 years spanning 3 generations, we have obtained results for satisfied clients.
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