Magnetix Was Warned of Toy's Danger Prior to Child's Death

California Family Sent Certified Letter After Their Child Was Hurt

April 10, 2006

Magnetix • Magnetix Building Set Recall Expanded • Magnetix Was Warned of Toy's Danger Prior to Child's Death • New Jersey Follows Up on Magnetix "Recall" • Child's Death Prompts Partial Recall of Magnetic Building Sets

A California 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 similar incident.

In a lawsuit filed 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, sued Livingston, N.J.-based RoseArt Inc., its parent company, Mega Bloks Inc. of Canada, and Toys R Us.

The suit alleges negligence, breach of warranty, breach of implied warranty of fitness for particular purpose, and strict liability against

According to the complaint, William Finley suffered intestinal and abdominal scarring, and injuries to other internal organs and his nervous system.

"After our son was terribly injured, we alerted the company by certified letter. They received our letter on Nov. 3, 2005," said Sara Finley.

"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 but did not require that Magnetix toys still on store shelves be removed.

"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," said Robert G. Simpson, the Finleys' lawyer.

"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."

Simpson's partner, Russell Reiner, noted that the Magnetix manufacturer is not doing enough to prevent additional deaths and injuries to children, even though it has had ample notification of the dangers posed by the toy.

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