On August 26, 2020, Communicorp issued a recall for the 6” Plush Aflac Promotional Doctor Duck. According to the recall, number 20-173, the buttons on the lab coat work by the plush Doctor Duck contain elevated levels of lead – in violation of the federal lead content ban. Because of this, children are at risk of suffering lead poisoning due to the plush. The recall has affected approximately 635,500 products.
The recall specifically includes the six-inch plush Aflac promotional Doctor Duck, The plush Doctor Duck is white; it has a yellow beak as well as yellow feet. The plush duck is wearing a white lab coat (with buttons) and a stethoscope. “Aflac” is printed on the front of the lab coat, above one of the pockets. The recalled plush ducks were distributed by Aflac to consumers; they were promotional.
The plush ducks were sold directly to Aflac employees and licensed agents from January 2005 through July 2020 for prices ranging between $3 and $5 with the purpose of being used as promotional material to give away to customers.
According to the company, no incidents or injuries have been reported.
The company is urging all affected consumers to immediately dispose of the recalled plush. The company is contacting Aflac employees and licensed agents who purchased the plush directly to inform them of the recall.
Do you have the recalled product in your home? Did your child experience lead poisoning? If your child suffered lead poisoning, the lead poisoning might have been associated with the recalled Aflac plush. If the plush resulted in the lead poisoning that your child suffered, you might have grounds to pursue a product liability claim. If you are interested in learning more about your right to sue, do not hesitate to seek legal assistance immediately.
You can trust the experts at Normandie Law Firm to provide you with the guidance that you need to sue the negligent company accountable for the lead poisoning that your child suffered due to the recalled Aflac plush. Our lawyers have many years of experience handling all sorts claims, including product liability claims. Our experts will evaluate your claim and guide you towards the recovery of the compensation that you and your family are owed. If you would like to discuss your claim with the experts at our firm, contact us today.
The Dangers of Lead Poisoning
Lead poisoning occurs due to exposure to high levels of lead. Unfortunately, young children are at a significant risk of lead poisoning because they absorb lead into the blood much easier than any other age groups. Lead poisoning is associated with a number of symptoms, which include some of the following:
- Pica
- Seizures
- Hearing loss
- Constipation
- Vomiting
- Abdominal pain
- Sluggishness and fatigue
- Weight loss
- Loss of appetite
- Irritability
- Learning difficulties
- Developmental delay
Because children are still developing, lead poisoning in children is likely to severely impair brain development. In addition, lead poisoning can also result in permanent damage to the nervous system and to the kidneys. In some cases, elevated levels of lead in the blood can lead to loss of consciousness and to death.
Whether your child suffered permanent harm or lost his or her life associated with lead poisoning, you should explore the legal options available to you. You might have grounds to sue.
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Product Liability – You Could Sue
Do you have the right to sue for the lead poisoning that your child suffered? Based on the details surrounding your claim, you might have the right to pursue a product liability claim. Companies owe their consumers a duty of care; they must ensure that their products are safe for consumers to use. Products made available to consumers must be free of any defects in design, labeling, and manufacturing; to prevent these defects, companies must thoroughly test and inspect their products to be able to identify and address the defects present in their products before releasing products to consumers. Although companies have this duty of care, they can fail to exercise it and rather breach their duty of care. A breached duty of care can directly contribute to an incident, which can lead to harm. When innocent consumers are harmed due to a defective product (which is a physical representation of a breached duty of care), the company could be liable. Therefore, affected consumers could sue – the right to sue is based on the concept of product liability. If you would like to learn more about your right to pursue a product liability claim, do not hesitate to contact our firm today.
What Should I Do?
After being harmed by a defective product, there are a number of things that consumers must do to ensure that they could pursue their claims. Consider some of the recommendations listed below:
- Seek medical attention as soon as possible
- Take photos of your child (he or she is likely to look ill)
- Take photos of the defective product
- Place the product in an area inaccessible to young children
- Contact the company to report the incident and the harm suffered
- Do not agree to a refund
- Do not agree to dispose of the product
- Do not agree to a free repair or replacement
- Do not agree to return the defective product
- Speak to witnesses and collect their contact information
- Gather all medical records associated with the harm suffered
- Seek legal assistance immediately
When you follow the steps listed above, you are gathering the tools and evidence necessary to pursue a product liability claim. If you would like to learn more about the steps that you should follow, do not hesitate to contact our firm today.
What Could I Recover?
If your product liability claim is successful, you could be eligible to recover significant compensation, including some of the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
If you are ready to learn more about the type and amount of compensation that you could be eligible to receive if your claim is successful, do not hesitate to seek legal assistance with the experts at our firm immediately. Our product liability lawyers are ready to aggressively fight for your right to recover the highest amount of compensation available for your claim. You can trust that our lawyers will not rest until you and your family are rightfully compensated.
Filing Your Product Liability Claim Within the Deadline
If you are considering the possibility of pursuing a product liability claim, you must be aware of the deadlines that you must meet. All claims are subject to a statute of limitations, which determines the specific length of time that claimants have to sue. If claimants fail to file within the deadline allowed by the statute of limitations, they could lose their right to sue.
How long do you have to pursue your claim? Personal injury claims, which include product liability claims, filed in California are typically subject to a two-year statute of limitations; this means that claimants have two years to pursue their claims. However, exceptions could apply – especially if the case involves harm to children. Specifically, the statute of limitations could be tolled until the child victim reaches an adult age; therefore, if the child survives the lead poisoning, he or she could be able to sue independently after becoming an adult (if his or her parents did not pursue a claim).
To ensure that you have a thorough understanding of the total length of time that you have to pursue your product your product liability claim against Communicorp or any other negligent company, contact our firm today. Our lawyers will provide you with the guidance that you need to file your claim on time.
Is there a Class Action Lawsuit?
Can I file a class action lawsuit? How can I join or be a part of a class action lawsuit on this case? If the defective product harmed many parties, then it is likely that there is a class action claim in which you could participate. A class action lawyer can help you figure out how to join the specific class action lawsuit. In some cases, there might be mass torts rather than a class action lawsuit – mass torts are single claims against the same company. For more information about how to proceed with your claim, do not hesitate to contact our recall lawyers as soon as possible.
Contact Normandie Law Group Today
Did your child suffer lead poisoning due to the recalled plush duck? If so, you might have grounds to pursue a product liability claim. To learn more about your right to sue, we recommend that you discuss your specific situation with the experts at our firm as soon as possible. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – always fighting for the rights of our claimants who have been unjustly harmed by the negligence of parties or entities. If you would like to discuss your current situation with the product liability lawyers at our firm, contact us as soon as possible.
When you contact our firm, you can benefit from our free legal services, which include both free consultations and free second opinions. During these free legal services, our product liability lawyers will be available to answer all your questions and address all your concerns; our lawyers will provide you with all the information necessary to pursue your claim. It does not matter whether you are interested in beginning your claim or simply redirecting your claim after dealing with an incompetent attorney, you can trust that our lawyers will provide you with the guidance that you need to successfully pursue your claim. To benefit from our free legal services, contact our firm today.
Our free legal services are part of our Zero-Fee guarantee, which ensures that our clients will not be required to pay anything for any of our legal services. Our firm is also based on a contingency structure; therefore, our clients will not be required to pay anything until after they win their claims and are compensated. What if their claims are unsuccessful? If you do not win, you will not have to pay anything.
To speak with the product liability experts at our firm, contact Normandie Law Firm today.
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