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The family of a boy who suffered serious intestinal damage after swallowing a pair of Magnetix button magnets has settled with the toy manufacturer for $1 million.
Lifelong Problems
William Finley was 4-years-old when he underwent emergency surgery because of persistent vomiting and bowel complications. That’s when the surgeon discovered a pair of magnets “stuck together within the pelvis.”
If not for the surgery, William would have died. According to the lawsuit filed by William’s family, he will suffer constant intestinal problems and abdominal pain. He will also need to be on a special diet for the rest of his life, the lawsuit claimed.
Inadequate Warning
Rose Art Industries, the manufacturer of the Magnetix toy set, was accused of failing to provide adequate warnings regarding the dangers of its product. The label warned of a “choking hazard” but not the risk of intestinal perforations and blockages and even death if ingested.
“Even after being notified of the potential dangers of the toy, Rose Art failed to institute any clearer warning or a recall of the Magnetix toys. This inaction led to the serious injury of over 20 children nationwide and resulted in one death,” the lawsuit stated.
Lawsuit Settlement
The first of two Magnetix recalls was issued in March 2006, and the company agreed to pay $14 million to settle similar product liability lawsuits.
The money from William’s settlement will be invested in an annuity, but Rose Art has agreed to pay the family $20,000 immediately to help them recover from the financial devastation caused by his injury.
(Source: Sacramento Bee)
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