Is that a sick joke or do these people actually believe they can extort money from Hasbro?
Saturday November 13 5:00 AM ET
Wrongful Death Lawsuit Filed Over Pokemon Ball
By Gail Appleson, Law Correspondent
NEW YORK (Reuters) - The family of a 7-year-old autistic boy who choked to death on a popular ''Pokemon'' ball filed a $100 million lawsuit against Hasbro
Inc (NYSE:HAS - news). and Toys R Us on Friday, alleging the toy was unsafe and failed to contain proper warnings.
The wrongful death suit, filed in Manhattan federal court by the family of Robert Brazier, alleged the Pokemon Power Bouncer is a dangerous size that can easily
lodge in a child's throat. The clear rubber ball measures 1.72 inches in diameter and contains a brightly colored cartoon figure.
Adrienne and Kevin Brazier of Yonkers, New York, parents of the boy, said the filing of the lawsuit was timed to follow Wednesday's record opening of
''Pokemon: The First Movie.'' The popularity of the movie is expected to cause even greater demand for Pokemon merchandise and the parents said they wanted
to bring attention to the toy's alleged safety problems ahead of the holiday shopping season.
''I can't believe that a huge corporation with billions of dollars like Hasbro would continue to make this toy when they know it kills children,'' Kevin Brazier said.
Hasbro issued a statement saying it was confident about the ball's design and manufacture.
''The product meets all federal regulations. Approximately 8 million of these balls have been played with by children throughout the world without a similar
incident,'' it said.
The lawsuit stated Robert Brazier was playing with the Pokemon Power Bouncer on Jan. 30 when he placed the ball in his mouth in order to attempt to reach the
colorful figure inside. The ball then became lodged in the boy's throat. The suit alleged that because of the ball's ''size, texture and design,'' doctors could not
remove it.
The suit alleged that because of this, the boy was forced to endure severe mental anguish, pain and fear of impending death before he actually died.
The plaintiffs alleged Hasbro and Toys R Us, where the toy was purchased, were negligent in the manufacture and sale of the ball for numerous reasons including
that it was marketed as safe for children older than four. They alleged that a ball of this size also presented a choking hazard to older children.
Among other allegations was that the defendants failed to warn consumers about the dangers presented by the ball. It said the toy was negligently designed because
the character is suspended in an ''ultra-clear'' sphere creating the impression the toy is still wrapped and encouraging children to attempt to open it with their
mouths.
''Pokemon: The First Movie'' grossed more than $10 million on Wednesday's opening day, cashing in on America's latest kids craze to post the biggest midweek
release for an animated film, according to box office figures issued on Thursday. With ticket sales of nearly $10.1 million, the feature film based on the wildly
popular ''Pokemon'' TV series imported from Japan far surpassed the previous Wednesday opening record of $4.8 million, set by ''Toy Story'' the day before
Thanksgiving in 1995.
Pokemon, or pocket monsters, began in 1996 as a video game in Japan in which players collect pet creatures with different powers and ''train'' them for
competitive battles. The game has evolved into toys, trading cards and a syndicated TV series that premiered last year in the United States. |
