TOY Toys R Us

REDDING, Calif., April 10 /PRNewswire/ -- A Redding, Calif. family whose four-year-old son is among at least 34 children who ingested or aspirated parts of Magnetix-brand building sets allege that they warned the manufacturer about the product weeks before another child died in a related incident. In a lawsuit filed Friday in Shasta County Superior Court in Redding, Calif., Adam and Sara Finley, whose four-year-old son William required emergency intestinal surgery in August 2005 after swallowing Magnetix magnets, brought claims of negligence, breach of warranty, breach of implied warranty of fitness for particular purpose, and strict liability against Livingston, N.J.-based RoseArt Inc., its parent company, Mega Bloks Inc. of Canada (TSX: MB), and Toys R Us (NYSE:TOY). The Finleys are represented by Robert G. Simpson and Russell Reiner, of Reiner, Simpson, Timmons & Slaughter, LLP, of Redding, Calif. According to the complaint, William Finley suffered intestinal and abdominal scarring, and injuries to other internal organs and his nervous system. According to Sara Finley, "After our son was terribly injured, we alerted the company by certified letter. They received our letter on Nov. 3, 2005. Then, just a few weeks later, a family in Redmond, Wash., lost their son after he swallowed these magnets as well. We were astounded that the company later claimed on national television that they had no prior knowledge of these incidents when, in fact, they had our letter." A March 31, 2006 U.S. Consumer Product Safety Commission recall report cites 34 incidents involving Magnetix set magnets, including one death and four serious intestinal and lung injuries in children. The CPSC recalled 3.8 million Magnetix X-treme Combo, Micro, and Extreme building sets. The recall does not affect Magnetix toys still on store shelves, according to Reiner, Simpson, Timmons & Slaughter. Mr. Simpson said, "We're concerned that RoseArt has not fully recognized the seriousness of this danger to children. Blaming the families for these tragedies is reprehensible. The fact is, the magnets in these toys too easily come loose and fall out, and will get into the hands of young children under the best parental supervision. The Finleys and the other families affected by these hazardous products deserve our admiration. Their courageous efforts have raised awareness of this safety issue, and, we hope, prevent other children from suffering serious injury or death." Mr. Reiner said, "In reviewing the RoseArt web site recently, we found no reference to the recall of these products. However, the company apparently redesigned these toys to encase the magnets in plastic. In our view, this development reflects the undeniable danger of the original Magnetix products involved in the recall and in litigation. Millions of these Magnetix products are in American homes. If you have these recalled products, we urge you to remove these Magnetic products from your children's toys and inspect the sets to determine whether magnets are missing or have become loose." The Chinese-made Magnetix toys are imported by RoseArt Industries, and were sold at stores including Toys R Us, Wal-Mart, Target, Fred Meyer, Design Science Toys Ltd., A.C. Moore, among others, according to the CPSC. The Finleys' case is "Finley vs. RoseArt Inc., et al" (No. 156964; Superior Court of the State of California in and for the County of Shasta). Attorney Contacts: Russell Reiner, Esq., and Robert G. Simpson, Esq. Reiner, Simpson, Timmons & Slaughter, LLP Riverbridge Building 2851 Park Marina Dr., Suite 200 Redding Calif. 96001 Phone: (800) 896-4200 or (530) 241-1905 DATASOURCE: Reiner, Simpson, Timmons & Slaughter, LLP CONTACT: Russell Reiner, Esq., or Robert G. Simpson, Esq., both of Reiner, Simpson, Timmons & Slaughter, LLP, 1-800-896-4200, or +1-530-241-1905

Copyright