Two More Lawsuits Filed Over Swallowed Magnetic Toys

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By By KOMO Staff & News Services

Summary

Two families sued the company that makes Magnetix, alleging the magnets came loose and were swallowed by their children, who suffered severe injuries when the magnets reattached in their intestines.

Story Published: Mar 29, 2006 at 4:54 PM PDT

Story Updated: Aug 31, 2006 at 2:15 AM PDT

Two More Lawsuits Filed Over Swallowed Magnetic Toys
SEATTLE - Two more families have sued a New Jersey company that makes a popular magnetic toy, alleging that the tiny, powerful magnets came loose and were swallowed by their children, who suffered severe injuries when the magnets reattached in their intestines.

The Magnetix building toys already have been implicated in the death of a 22-month-old Redmond boy in November. His parents sued in King County Superior Court.

The two additional lawsuits were filed in U.S. District Court on Wednesday. Joe and Mechelle Booke, of Oak Harbor, said their 4-year-old son, Kyle, had to have a section of his intestine removed this month and spent two weeks at Children's Hospital in Seattle.

Until now, nobody knew about Kyle Booke. His family wanted to keep his near-death experience private, but they can't go on without telling the public.

"I want something done that's going keep other kids from being hurt," said Kyle's mom.

Mechelle said after four days of flu-like symptoms and vomiting, she rushed Kyle to Children's Hospital in Seattle. Five minutes later, he was in the operating room.

"He nearly died, I don't even want to think about that, I don't want to think about it," said Mechelle through a stream of tears.

Doctors found Kyle's intestines twisted, with two tiny magnets connecting separate sections. The magnets were so powerful they eroded through his intestinal wall. Kyle's intestine was dying.

Mechelle made the connection. "I knew exactly what it was," she said.

The magnets were from a Magnetix building set his grandmother gave him for Christmas. Magnets in the popular toy connect plastic building pieces. Kyle's set is for kids, three and older. He's four.

"I never thought anything would happen like that to me, cause I watch my children all the time," she said.

Angela and Julius McNeil, of Tacoma, said their 3½-year-old son, Marcell, began complaining of flu-like symptoms last May. Over the next two days, his stomach ache became more severe, and he vomited violently. Doctors at Madigan Army Medical Center performed an emergency surgery to remove three magnets that had bonded across the walls of his intestine.

"One child harmed by this toy is a tragedy, but three in the past year, all in this one area, is unimaginable," Angela McNeil said in a news release. "It's important that parents understand the real dangers of having a Magnetix set in their household."

Kenny Sweet died after swallowing magnets from a Magnetix set that had been given to his 10-year-old brother. The toys are recommended for children age 6 and older, and carry a choking warning for children under 3, but don't warn about what can happen if more than one magnet is swallowed, lawyers for the families said.

The lawsuits name RoseArt Inc. of Livingston, N.J., and its parent corporation, MegaBloks, of Toronto. They allege the toys are defective and that the magnets should be better secured.

RoseArt representatives said the toys will remain on the market while they wait for the results of a federal investigation. The Consumer Product Safety Commission launched that investigation after we reported Kenny Sweet's death. RoseArt says the toy meets safety standards.

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