PITTSBURGH – A Blairsville couple allege that a Flying Fairy toy purchased at a local Walmart store was defectively designed and when launched, collided with one of the plaintiff’s eyes and caused extensive ocular injuries.
Robyn Shaw and Robert Shaw III (w/h and as parents and natural guardians of A.S. and T.S., minors) of Blairsville filed suit in the U.S. District Court for the Western District of Pennsylvania on Oct. 20 versus Magic Time International, LTD. of Kowloon Bay, Hong Kong, China and Wal-Mart Stores, Inc. (c/o CT Corporation System) of Los Angeles, Calif.
“In the fall of 2019, Dora Alsippi, mother of plaintiff Robyn Shaw, purchased a ‘Flying Fairy’ toy from a Wal-Mart store located at in Latrobe, Pennsylvania. The subject toy’s component parts include a plastic flower base or ‘launcher,’ a plastic launch cord, and a plastic fairy,” the suit says.
“A toy user may launch the plastic fairy into the air by placing the fairy’s post into the coupler located on the launcher, then pulling the launch cord. As the user pulls the launch cord, the fairy begins to turn and its wings expand until it releases into the air. The fairy may launch as high as nine feet into the air before it descends.”
The Shaws added that recall notices and safety notifications were issued for other, similar toys in 1997, 1998, and 2000, which included a foreseeable risk of eye injury.
“On Oct. 24, 2019, Mrs. Shaw and her two minor children opened the subject toy and began to play with it outside in their neighbor’s yard. Upon opening the subject toy’s box, there were no obvious defects observed in the box or the toy’s component parts. Prior to Oct. 24, 2019, Mrs. Shaw had never opened the subject toy’s box or attempted to use it,” per the suit.
“After reading the subject toy’s directions, opening the box, and removing it for use, Mrs. Shaw successfully launched the fairy into the air two times in an open area by standing back, holding the subject toy’s launcher upright, at arm’s length, and away from her face, turning the fairy’s head forward, and pulling the launch cord in a smooth continuous motion per the toy’s instructions. Mrs. Shaw did not aim the fairy at her eyes or face, any other individual, animal and/or object.”
At that time, when Mrs. Shaw attempted to launch the fairy into the air for the third time in the same manner, instead of flying upward, the toy flew directly into Mrs. Shaw’s right eye. Upon impact, Mrs. Shaw experienced extreme pain and could not open her eye, before being brought to the emergency room at Indiana Regional Medical Center, the suit says.
“Examination of Mrs. Shaw’s right eye revealed excessive tearing, an irregular pupil, an injected sclera, and a subconjunctival hemorrhage on the right side of the eye. Mrs. Shaw was diagnosed with traumatic iritis of the ribs with a concern for possible Seidel sign and was referred to the University of Pittsburgh Medical Center for further treatment. On Oct. 24, 2019, Mrs. Shaw presented to UPMC Emergency Department, where she underwent additional work up for traumatic iritis and was referred to a trauma ophthalmologist,” the suit says.
“On Oct. 29, 2019, Mrs. Shaw presented to Evan Waxman, M.D., Ph.D. for further care. Upon presentation to Dr. Waxman, Mrs. Shaw complained of ‘little improvement in vision,’ ‘pain and headaches’ and ‘seeing stars’ when she stood up. Upon examination, Mrs. Shaw’s visual acuity was recorded as 20/800 in her right eye. Dr. Waxman diagnosed Mrs. Shaw with traumatic iritis and a traumatic corneal abrasion of the right eye and prescribed medication and an eye patch. Since being diagnosed with traumatic iritis and a traumatic corneal abrasion of the right eye, Mrs. Shaw has continued to experience, pain, headaches, floaters, a dilated pupil of the right eye, decreased visual acuity of the right eye, and a cataract of the right eye.”
The suit warns that the defendants failed to design the toy safely.
For counts of strict liability (design defect), strict liability (manufacturing defect), strict liability (failure to warn), negligence, misrepresentation, breach of express warranty, breach of implied warranty, malfunction, loss of consortium, negligent infliction of emotional distress, the plaintiff is seeking, jointly and severally, for compensatory and punitive damages, in excess of $75,000, exclusive of interest and costs.
The plaintiffs are represented by Kila B. Baldwin of Kline & Specter, in Philadelphia.
The defendants are represented by Rebecca Sember Izsak of Thomas Thomas & Hafer, in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:21-cv-01436
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com