By: Allison Lane

Cadmium, a toxic metal and carcinogenic, was recently found in a high volume of toys imported from China.  This metal has been found in children’s inexpensive jewelry, charms and pendants across the United States.  Stores such as Walmart, Claire’s and other retailers are pulling these items off of the market in an abundance of caution.
 
Reports have shown that Chinese manufacturers substituted lead for Cadmium in these inexpensive toys and jewelry.  Manufacturers have consistently been scrutinized, and were eventually banned from using lead in children’s toys.  It appears that manufacturers replaced the lead with this inexpensive, yet dangerous metal.  The tests on the products revealed that some of the jewelry had as high as 84-91% of its weight in cadmium. 
 
One of the largest concerns seems to be how easily the metal rubs off, which could be extremely dangerous to children who put these pieces of jewelry or toys in their mouth.  A child does not need to ingest the cadmium to be at risk.  It can be caused by biting or repeatedly chewing on a product.  It is very disheartening that manufacturers would use this dangerous metal for products that were designed for children. The metal is not only known to cause cancer, but may also hinder brain development, and cause learning disabilities.
 
This metal originally was used as pigment and for corrosion resistant plating on steel.  Aside from batteries, it is being used less regularly because it is known to cause significant health problems and is hazardous to the environment.  Of the 275 most dangerous substances in the environment, cadmium is number 7. 

If your children have any of these small trinkets, jewelry charms or pendants, please remove them from your children’s possession and call Balkan & Patterson to assist you.

Fisher-Price and its parent company Mattel settled a 2007 class action lawsuit on Tuesday for 17 million recalled toys – the largest recall of children’s toys to date. Attorneys with the Florida-based class action law firm of Balkan & Patterson served on the class action’s executive committee and represented a member of the original class of 22 plaintiffs.

The initial settlement was filed in Los Angeles on Tuesday, Oct. 13, and will resolve the original suits filed against Mattel, Fisher-Price and large toy retailers behalf of millions of American children and families who purchased or received the defective toys as gifts before they were later recalled or removed from store shelves. The settlement amount has not been confirmed but was estimated to be around $50 million.

Mattel and Fisher-Price will be required to refund consumers who purchased or acquired the toys, provided the settlement is approved by the Court. Families who had to test their children for lead poisoning or exposure will also be reimbursed for the cost of testing. The settlement also includes the implementation of a quality assurance program within Mattel, which will be overseen by the Court. The quality assurance program will ensure that toys produced and distributed by Mattel and/or Fisher-Price are safe and free of any toxic materials.

To sign up to receive a payment or learn more about the settlement, visit www.MattelSettlement.com. A complete list of the affected toys is also available.

The main office of Florida trial attorneys Balkan & Patterson is located in Boca Raton, Florida, with a satellite office in Hollywood, Florida. They represent personal injury, auto accident, defective products, and consumer fraud clients throughout South Florida, including all of Palm Beach County, Boca Raton, Deerfield Beach, Lighthouse Point, Parkland, Delray Beach, Boynton Beach, Broward County and throughout the United States. For more information, please visit www.balkanpatterson.com.

An onslaught of product recalls in the past year has drawn international attention to the fact that many of the products we use in our homes and purchase for our families are not always safe. The toys our children play with are not exempt from these recalls, and in fact, toys are frequently on the top of the product recall list.

More than 550 products were recalled in 2008, and the majority of them were toys and cribs. While a toy might be designed in the U.S., most are made overseas in countries like China, where they don’t have the same standards for safety and quality control. Because of the numerous recalls, class action lawsuits, and the potential dangers to our children, new legislation was passed to increase testing and regulations on many of these products. The legislation, called the Consumer Product Safety Improvement Act, was enacted in Feb. 2009, but the deadline for compliance with the new regulations has been extended until next year.

Essentially, the legislation prohibits the use of lead and certain toxic chemicals in toys and infant products and requires them to be tested before they are approved for sale to consumers. Manufacturers and importers of all sizes of children’s products will not need to test or certify to these new requirements until Feb. 10, 2010, but they must meet the lead and phthalates limits, mandatory toy standards and other requirements. More information about the legislation can be found on the Consumer Product Safety Commission website.

Until there are better regulations in place for toys, there are a few tips parents can keep in mind when shopping for these products.

• Read Labels: This information gives age and safety recommendations for each toy.
• Be Age Appropriate: Certain toys are designed for different ages. Make sure your children’s toys are specific to their age.
• Small Parts or Magnets: If you have young children, use caution with these types of toys. Small parts or magnets can cause serious injuries if swallowed.
• Research: Before buying anything, consult the Consumer Product Safety Commission website for the most up-to-date information on recalled products.

Adam Balkan is a partner in the law firm of Balkan & Patterson. As a parent and a Parkland resident, he works to protect our communities and handles all types of personal injury cases, including class actions, product recalls, auto accidents and cases of child or special needs student abuse.

The law firm of Balkan & Patterson serves all types of personal injury, product liability and auto accident clients through Palm Beach and Broward counties, including Boca Raton, Lighthouse Point, Deerfield Beach, Delray Beach and Parkland. For more information, please call us at (561) 750-9191 or visit our website at www.balkanpatterson.com.

Blue Cross & Blue Shield of Michigan has agreed to settle a class action case with about 100 families for a total of $1 million to reimburse expenses they paid for autism testing and treatment. It has been an ongoing battle to get insurance companies to cover autism care, as they have long excluded it from their policies and labeled treatment as “experimental.”

To date, only 13 states have laws requiring insurance companies to pay for autism treatments and screenings. This settlement is the first step in the right direction for all states requiring insurance companies to cover autism treatment and testing for all special needs and autistic children. With the recent reports of widespread abuse of special needs children in public and private schools, this is just the beginning for increased awareness of autism and those who are affected by it.To read the full story, please click here.

The law firm of Balkan & Patterson works extensively with clients, parents, students, children and families who are affected by autism. We have the experience and understanding required to successfully litigate these types of cases, as well as the compassion for what you are going through. For more information about us, please contact us online at www.balkanpatterson.com or call (561) 750-9191.