News

Tainted Thomas toys spark lawsuits

Wednesday, June 27, 2007

June 27, 2007 -- Tainted Thomas the Tank Engine toys have spurned two lawsuits Wednesday seeking class-action certification and more than $5 million.

The suits filed in federal court accuse Oak Brook-based RC2 Corp. and Learning Curve Brands Inc. for designing, producing, marketing and distributing toys that served as a lead poisoning hazard for children. LCB does business as RC2, the suit said.

One of the suits was filed by an Alabama mother of two who bought the toys for her children Parker Hayden Deke, 6, and Connor William Deke, 2. The mother, Jennifer Foshee Deke, is seeking a judge to certify the suit as a class-action and claims the Illinois company has endangered possibly hundreds of thousands of children nationwide.

A second suit filed by Kimm Walton also seeks class-action status. Walton, of Redding, Conn., bought more than 20 of the recalled toys for her son Harry.

The recall of more than 20 different Thomas and Friends Wooden Railway Toys came on June 13, and includes toys made since January 2005, the suit said.

Deke's suit claims the company announced a recall in April 2003 for more than 3,800 activity toys because metal wires on toys contained excess levels of lead.

At the time of the June 2007 recall, the Consumer Product Safety Commission said the recalled toys should be taken away from children "immediately." Though no illness or injury has been reported, a CPSC spokesman said that "the cumulative exposure is the problem" as children will play with the toys over a period of time and little amounts could add up, the Deke suit said.

The plaintiffs want the toy company to notify all members of the class -- once certified by a judge -- that they need medical monitoring. The suits contend medical monitoring is necessary for consumers in order to detect the onset of physical harm and to prevent further harm.

In addition, plaintiffs argue that the company should pay for those expenses. The suits seek to set up a trust fund to pay for the monitoring of all the purchasers of the toys.

Both suits seek in excess of $5 million for relief, medical monitoring, breach of warranty and liability.

Contact: Deke's attorney is Mark A. Bulgarelli, (630) 232-6333; and Walton's attorney is Kenneth A. Wexler, (312) 346-2222.

Sun-Times News Group Wire © Chicago Sun-Times 2006

Get more News »