Walmart and Magic Time International Ltd. are being sued by a couple that claims they were injured by a ‘Flying Fairy’ toy.
A civil lawsuit was recently filed in United States District Court in Pittsburgh by a couple seeking $75,000 in punitive damages from WalMart Stores Inc. and Magic Time International Ltd, a Hong Kong-based toy company after a “toy allegedly caused one of the plaintiffs eye damage.“
The suit was filed by Robert Shaw III and his wife, Robyn Shaw. The toy at the center of the lawsuit is the ‘Flying Fairy’ toy that the couple bought from their local Walmart store. According to the suit, Robyn’s mother purchased the toy in late 2019, “after the U.S. Consumer Product Safety Commission issued recall notices and safety notifications for at least three toys with substantial similarities in design” to the ‘Flying Fairy’ toy. Additionally, the suit states:
“In 1997, toy manufacturer Placo Products Company, in cooperation with the CPSC, issued a recall and safety notification for Star Wonders ‘flying dolls’ after receiving reports of serious eye injuries incurred during use, including, inter alia, corneal abrasions, torn retinas, and blindness…toy manufacturer Hasbro Inc. in cooperation with the CPSC issued a recall and safety notification for Sky Dancer ‘flying dolls’ (which) operated identically to the subject toy.”
The suit argues that both Walmart and Magic Time did not properly warn consumers of the dangers associated with the ‘Flying Fairy’ toy. As a result, on October 24, 2019, Robyn “followed the instructions and launched the toy three times, 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 air the fairy at her eyes or face, any other individual, animal, and/or object,” according to the lawsuit.
The third time Mrs. Shaw launched the fairy, it “flew directly into Mrs. Shaw’s right eye instead of flying upward.” In pain, Mrs. Shaw could not open her eye and she was taken to Indiana Regional Medical Center where she was treated for “excessive tearing, an irregular pupil, an injected sclera, and a subconjunctival hemorrhage on the right side of the eye.” She was eventually referred to a University of Pittsburgh Medical Center hospital for additional treatment. While there, “Dr. Evan Waxman diagnosed Mrs. Shaw with traumatic iritis and a traumatic corneal abrasion of the right eye and prescribed medication and an eye patch.”
Since the incident, Mrs. Shaw has experienced several unpleasant side effects, including headaches, lingering pain, floaters, decreased visibility in the right eye, a cataract, and a dilated pupil in her right eye. Additionally, she “will continue to suffer severe and permanent injuries.”