Contact Pritzker Olsen product safety attorneys if you or a loved one has been injured by a hazardous or defective product.

Yet another recall has been issued involving hazardous magnetic toys. Child safety attorney Elliot Olsen knows all too well the dangers posed by small magnetic toys that children can not only choke on, but that can cause serious intestinal injuries to children if swallowed. He currently represents children injured by Magnetix toys. If swallowed, these tiny magnets can stick together inside a child’s intestinal tract and tear the child’s intestines, causing serious injury. On August 26, Magnetic Maze Board toys were recalled for the same hazard, though no injuries have been reported. Attorney Elliot Olsen discusses the recall and the hazards of the product.

The cut-out shape on the headboard of the bed is large enough for children to fit their heads or necks in, yet small enough for them to become trapped there. This poses a strangulation hazard to children and is the reason why there are safety codes regulating the shapes and sizes of child bed and crib structures. According to the announcement:

“The end structure of the bunk bed can pose an entrapment hazard to young children, a violation of the Safety Standard for Entrapment Hazards in Bunk Beds, 16 C.F.R. Part 1513. Children can get their necks caught in the opening between the post and the decorative molding.”

The Madeline bunk beds are white and constructed of wood and fiberboard, with guardrails on both sides of the top bunk and a side ladder. They were sold at Pottery Barn Kids stores, in catalogs and online between July 2009 and March 2010. Owners should contact Pottery Barn for information about bunk bed repairs.

The car seats with incorrect labeling were manufactured in February 2010 and contain incorrect instructions on how to properly secure the unoccupied booster seat in the car when the seat is not in use. In a sharp turn or a collision, this could cause the seat to be thrown around the inside of the vehicle and injure the vehicle occupants. According to the announcement:

“CERTAIN CYBEX SOLUTION X-FIX MODEL BOOSTER SEATS MANUFACTURED DURING FEBRUARY 2010, WERE PRODUCED USING AN INCORRECT WARNING LABEL. THE DEFECT CONSISTS OF AN INCORRECT WARNING STATEMENT RELATED TO SECURING AN UNOCCUPIED BOOSTER SEAT. THIS STATEMENT IS INCONSISTENT WITH CYBEX RECOMMENDED PRACTICES – ALWAYS SECURE AN UNOCCUPIED BOOSTER WITH THE VEHICLE SEAT BELT. IF A CAREGIVER FOLLOWS THE WARNING AS WRITTEN, THERE IS AN INCREASED RISK THAT THE UNOCCUPIED BOOSTER SEAT COULD STRIKE A VEHICLE OCCUPANT AND CAUSE INJURY IN A SEVERE CRASH. THE INCORRECT WARNING STATEMENT APPEARS IN THE OWNER’S MANUAL AND ON THE HEADREST WARNING LABEL.”

Regal Lager will alert caregivers and provide new labels that can replace the incorrect label, and owners can also receive a new owner’s manual, which also contains the incorrect instructions.

Recalled Nap Nanny

Baby Matters LLC, of Berwyn, Pennsylvania, recalled about 30,000 Nap Nanny® portable baby recliners after a baby died while harnessed into the Nap Nanny, according to the  U.S. Consumer Product Safety Commission (CPSC).  The agency is investigating a report of a 4-month-old girl from Royal Oak, Michigan, who died in a Nap Nanny® that was being used in a crib. According to preliminary reports, the infant was in her harness and found hanging over the side of the product, caught between the Nap Nanny® and the crib bumper.

CPSC and Baby Matters are aware of one other incident in which an infant became entrapped when the Nap Nanny was used in a crib. In that incident, the infant fell over the side of the Nap Nanny®, despite being harnessed in, and was caught between the baby recliner and the side of the crib. The infant sustained a cut to the forehead.

Infants can partially fall or hang over the side of the Nap Nanny® even while the harness is in use. This situation can be worse if the Velcro™ straps, located inside the Nap Nanny® cover are not properly attached to the “D”-rings located on the foam, or if consumers are using the first generation model Nap Nanny® that was sold without “D”-rings.

In addition, if the Nap Nanny® is placed inside a crib, play yard or other confined area, which is not a recommended use, the infant can fall or hang over of the side of the Nap Nanny® and become entrapped between the crib side and the Nap Nanny® and suffocate.

Likewise, if the Nap Nanny® is placed on a table, countertop, or other elevated surface and a child falls over the side, it poses a risk of serious head injury. 

The Nap Nanny® is a portable recliner designed for sleeping, resting and playing. The recliner includes a foam base with an inclined indentation for the infant to sit in and a fitted fabric cover and a three point harness. The first generation model of the Nap Nanny® can be identified by the absence of “D”-rings in the foam base. In second generation models, the harness system has “D”-rings in the foam base and Velcro™ straps inside the fitted fabric cover.

The recalled Nap Nannys® were sold at toy and children’s retail stores nationwide and online, including at www.napnanny.com, from January 2009 through July 2010 for about $130.

The recalled product was manufactured in the United States and China.

More than 300,000 Baja Motorspors Mini Bikes and Go-Carts are being recalled by Baja Motorsports of Phoenix, Arizona. There are two types of hazards associated with these recalled products:

• The gas cap can detach or leak, posing a burn injury hazard to riders.
• The throttle can stick because a fuel line and throttle cable are not properly positioned. This poses a sudden acceleration hazard.

The company is aware of 9 reports of leaking or detaching gas caps and one report of a child suffering a serious burn injury. There are also 25 reports of sticking throttles, which include reports of consumer injuries to the face and other body parts.

Baja Motorsports Defective Product Recall Details

• Mini Bikes being recalled include model numbers that begin with: HT65, MB165, WR65, MB196, DB30, WR90 and DR90. The number can be found on the fender and / or the decorative fuel tank.
• Go-Carts being recalled include model numbers BB65, SD65, DN65 and TR65. The number can be found on the roll cage.
• SOLD AT: retailers nationwide from November 2004 through June 2010, and also online at Costco.com, Amazon.com, ToysRUS.com, NorthernTool.com, Sears.com and KMart.com

Consumers should stop using these vehicles immediately and contact Baja Motorsports for a free replacement gas cap and to schedule a fuel line and throttle repair.

A 2-year-old Maine child died in December 2008 when his neck became caught between the play yard frame and the medal base rod of the tent. According to the CPSC announcement:

“The boy was found hanging with his neck entrapped between the playard frame and the metal base rod of the tent that had been partially tied by pieces of nylon rope and partially attached by clips. The tent was tied to the playard because the child was able to pop off the clips. Apparently, the child became entrapped while attempting to climb out of the playard.”

The CPSC reported three other instances in which children removed one or more of the clips and were able to put their necks between the tent and the playpen. They were not injured, however.

Playard Strangulation Hazard: Product Description

The recalled defective playards come with a white dome shaped mesh tent that fits over the playpens in a range of sizes, from 28 x 40 inches to 31 x 44 inches. Twelve plastic clips secure the tent to the top rail of the play pen through button holes along the bottom of the tent, and the tent has a zipper door on the side. Made in China, the cribs were sold at Walmart, Amazon.com, and baby and children’s product stores nationwide from January 2005 through February 2010.

Parents and caregivers should immediately stop using the playards and contact Tots in Mind for replacement clips that children won’t be able to unlatch.

Crib Suffocation, Entrapment, Strangulation and Fall Hazard Recall: Product Information

Seven manufacturers are participating in the current recall. They will offer consumers free kits to repair the cribs and immobilize drop-side cribs. The cribs were all manufactured between 2000 and 2009. Consumers should NOT attempt to fix these cribs themselves. The companies participating in the recall are:

• Child Craft, (this firm is out of business): Fixed-Side | Drop-Side
• Delta Enterprise Corp., of New York, N.Y.
• Evenflo, of Miamisburg, Ohio
• Jardine Enterprises, of Taipei, Taiwan
• LaJobi, of Cranbury, N.J.
• Million Dollar Baby, of Montebello, Calif.
• Simmons Juvenile Products Inc. (SJP), of New London, Wis.

In all, nine million drop-side cribs have been recalled in the last five years. The CPSC has determined drop-side cribs are generally less structurally sound than fixed-side cribs. According to CPSC Chairman Inez Tenenbaum:

“Cribs should be the safest place in the home for infants and toddlers. CPSC is committed to addressing the hazards with cribs and to restoring parents’ confidence that their child will have a safe sleep.”

CPSC is also working with industry organizations, such as the Juvenile Products Manufacturers Association (JPMA) to set mandatory crib safety standards. The target finish date for these standards is by the end of 2010.

About 2,700 baby carriers are involved in the recall, issued by the distributor Regal Lager Inc., of Kennesaw, Georgia. The shoulder strap slider buckle on these baby carriers can break and allow an infant to fall out of the carrier, posing a risk of a serious injury to the infant.

Child safety lawyers at Pritzker Olsen attorneys have represented the families of babies who have been injured or killed by defective baby carriers. Potential hazards that baby carriers can pose not only include the hazard of falling due to a defective part, but some also pose a suffocation hazard.

Cybex Infant Carrier Fall Hazard Recall: Product Description

The carriers were sold at baby product stores nationwide and online from August 2009 through April 2010. The word “CYBEX” is embroidered on the fabric on the top of the head support and “2.GO” is printed on an orange tag near the head support. The defective baby carriers were sold in the following colors:

• chili
• indigo
• purple
• slate

Owners should stop using the carriers immediately. Regal Lager will replace the carriers for free.

Sprout Stuff, of Austin, Texas is issuing the recall and the CPSC advises parents to STOP using these slings immediately. Earlier this year, the CPSC issued a general warning about sling-style baby carriers because other models and brands of these carriers have also been responsible for infant suffocation deaths, such as the Infantino SlingRider. Pritzker Olsen child safety attorneys represent the family of an Ohio child who was suffocated by an Infantino SlingRider.

“Although it will be too late for our clients, it is crucial that these manufacturers come up with a safe way to design, produce and market their products,” said attorney Fred Pritzker of Pritzker Olsen law firm. “These tragedies are preventable and never should have happened in the first place. These manufacturers have a responsibility to protect consumers.”

The recalled  hazardous baby slings are natural muslin that come with or without a shoulder pad and has “Sprout Stuff” printed on the back side of the tail hem. They were sold directly to consumers by Sprout Stuff from October 2006 through May 2007. Sprout Stuff is contacting known purchasers of the slings, and consumers may contact Sprout Stuff for a full refund. Do NOT attempt to fix or modify the slings. They are unsafe and pose several kinds of infant suffocation hazards.

Infant Suffocation Hazards in Sling-Style Baby Carriers

Infants can suffocate in these types of sling carriers in two ways:

1. Newborns have not yet developed the neck muscles they need to control their head movements. If the sling’s fabric presses against a newborn’s mouth or nose, it will keep the baby from breathing and the child can suffocate in a very short time because he/she will not be able to move their head away.
2. These slings can also cradle babies in a curled, C-like position, in which the child’s chin bends toward their chest. This can restrict airways and, once again, suffocate the child because it will not be able to move out of the position.

There are currently NO safety standards regulating these types of baby sling carriers, and the CPSC is working with industry standards organization ASTM International and companies that manufacture these products to define a set of standards regarding the design, manufacturing and selling of these slings so they no longer pose the threat of tragic infant suffocation death.

New York City-based Maxfield and Oberton, LLC is issuing the recall because the magnetic toy sets are non-compliant with ASTM International’s toy safety standard No. F963-08.  This industry standard, effective August 2009, regulates the strength of magnets that can be sold to children of certain ages. The Buckyballs toy sets are marketed to children 13 and older, but the strength of the magnets, according to the standard, is too strong for that age group.

If swallowed, magnetic toys not only pose a choking hazard but can also attract to each other inside a child’s intestinal system if more than one magnet is swallowed. The strong magnetic attraction can draw two magnets together even if they are passing through different parts of the intestinal tract, and therefore tear or perforate a child’s intestine, causing severe internal damage. There have been two reports of children swallowing Buckyballs High Powered Magnets.

Buckyballs magnets that are labeled “Keep away from children” are not being recalled, however, packages labeled “Ages 13+” ARE being recalled. They were sold at toy stores, office supply stores and various other retailers, including online, from March 2009 through March 2010.

Child safety lawyers at Pritzker Olsen attorneys are currently representing several victims who have suffered intestinal damage due to swallowing Magnetix brand magnetic toys. Having experienced the devastating effects of these cases, Pritzker Olsen child safety lawyers join the CPSC in advising parents to keep these toys away from children and exercise extreme caution when any magnetic toys or small magnetic items are placed anywhere near children.