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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

ADVERTISEMENT