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Recalled Mattel Toys: Class Action Suits Seek Medical Monitoring

By Gina Passarella
November 30, 2007

As with other defective Chinese products of late, U.S. consumers are looking for some accountability from the domestic importers. Two Pennsylvania law firms have filed class action suits against toy company Mattel Inc. The suits were filed in an effort to compel Mattel, the importer of millions of Chinese-made toys that have been recalled recently due to lead paint and small magnets, to pay for lead testing for children who may have been affected by the toys.

In Monroe v. Mattel Inc., 2:2007cv03410 (E.D. Pa., Aug. 17, 2007), the parents of Nydia Monroe also seek to set up a medical-monitoring fund for the testing for lead poisoning. The plaintiffs seek damages in excess of $5 million, which would include the costs of medical monitoring, interest, attorneys' fees, and other costs, according to the complaint.

Jeffrey Killino, of Woloshon & Killino in Philadelphia, said the class size in his case could reach into the millions. He said he is inclined to move into other countries where the toys were sold as well. Killino teamed up with Los Angeles-based Engstrom Lipscomb & Lack ' one of the firms highlighted in the Erin Brockovich movie ' to file Powell v. Mattel, No. BC376231 (Cal. Super.Ct., Los Angeles, Aug. 20, 2007) on behalf of Michael and Adrian Powell, who wanted their children tested for lead poisoning.

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