ILNews

Lawyer triumphs over Mattel: Indianapolis lawsuit plays part in worldwide recall of 4.4 million of Polly Pocket toys.

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Indianapolis partner Gordon Tabor with the Tabor Low Group (right) describes the now-recalled Mattel toys that resulted in injury because of the one-eighth-inch diameter magnets in parts of the products (left).The toy giant recalled the product worldwide.







   When attorney Gordon Tabor first took on a product liability case arising in Indianapolis, he instantly knew that it was larger than one little girl.

   He consulted with his two younger brothers, Roy and Jeff – also attorneys at the Tabor Law Firm – and decided to press the case that turned out leading to a multimillion-dollar settlement against toy-making giant Mattel and a worldwide recall of 4.4 million toys.

   "This was a product that needed to be off the market, and we needed to take on Mattel to make that happen," said Tabor, 62, whose been practicing since 1970. "Not only for this little girl but all the other kids with these products."

   His client – Paige Kostrzewski, 7 at the time in July 2005 – had swallowed two tiny magnets from Polly Pocket dolls she ;d gotten days earlier. The 3-inch-tall plastic dolls have magnets inside designed to attach to separate plastic pieces of clothing, such as dresses or pants. Children can attach them by hand or put the pieces into a dollhouse-type part to put on the clothing. Each piece clicks into place, as is referenced in the product name Polly Pocket Quik-Clik Boutique.

   The doll-set products sold between May 2003 and September 2006 and were originally marketed toward children ages 3 to 6, Tabor said.

   In 7-year-old Kostrzewski ;s case, her injuries happened as she put pieces into her mouth to carry them from place to place and inadvertently ingested the 1/8-inch diameter magnets. Within days, she started displaying flu-like symptoms and complaining of abdominal pain, Tabor said. A CAT scan later revealed two items – the magnets – lodged in her small bowel, breaking down tissue and causing peritonitis.

   The toys were bought on a Monday, Tabor said, and a surgery at Riley Hospital for Children happened that following Sunday. Her mother contacted Tabor within the next week.

   Later, Tabor learned that the adhesive used to secure the magnets easily dissolved when children put the pieces in their mouths, he said. In Kostrzewski ;s case, that led to four months of treatment and at least $31,787 in medical expenses.

   The case was filed in California near Mattel ;s headquarters in El Segundo – in part because of Indiana ;s complex product liability statute, Tabor said. A lawsuit here would have been required to target everyone in the "chain of commerce," he said. That includes the product manufacturer in China, the distributor in London, Mattel itself, and the location that sold the product involved in the dispute.

   Instead, Tabor contacted the Consumer Product Safety Commission and in November 2005 filed the paperwork in California because it ;s a more "direct and favorable venue." Mattel counsel came to Indianapolis for depositions in February, and since then they ;ve been negotiating a settle- ment, Tabor said.

   Details have not been finalized by press time for Indiana Lawyer and Tabor declined to discuss a specific settlement amount.

   However, he said part of the settlement included Mattel ;s Nov. 21 worldwide voluntary recall of 4.4 million Polly Pocket products, which entailed eight different types of play sets. About 2.4 million are located in the U.S. that the CPSC has jurisdiction over, he said.

   The CPSC is also investigating other products with magnets that could cause similar injuries, Tabor said. A Washington, D.C.-based advocacy organization, the U.S. Public Interest Research Group, has also warned consumers about magnets as part of its annual "Trouble in Toyland" report.

   "Each case certainly plays a large role and got our attention," said Patty Davis, a spokeswoman for the CPSC. "We ;re glad there are legal remedies out there to bring some of this forward."

   Since Tabor ;s action began on behalf of Kostrzewski, three other children ages 2 to 8 have also reported to have been injured in similar situations, Davis said, and media reports say that a Wyoming family has filed a suit against Mattel for similar injuries to a 6-year-old boy who was playing with his sister ;s play set. The CPSC has 170 reports of magnets coming out of the toys made by Mattel – also the maker of Barbie, Fisher Price, and Tyco-brand toys.

   "We think Mattel recognized early on they couldn ;t defend what happened," Tabor said of Kostrzewski ;s case. "I can ;t speak much what ;s happening with others, but this Indianapolis case started the ball rolling."

   Indiana Lawyer could not reach Mattel attorneys or media representatives for comment.

   Tabor said the recall couldn ;t have happened at a better time: pre-Christmas and during the busiest shopping season of the year. He thinks about his own granddaughter, whom he learned had two Polly Pocket products herself when this case first started.

   "Lawsuits can have a very therapeutic impact in society, and the law serves as a very important role in promoting consumer safety. This case shows that," Tabor said. "Through this, hopefully we can assist in preventing tragedies to children." •
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

ADVERTISEMENT