Orbeez Water Beads Lawsuit | 2024 Latest Updates

If you or a loved one experienced intestinal obstruction, brain injury, permanent hearing loss, or other serious injuries following ingestion or insertion of Orbeez Water Beads, you may be entitled to pursue compensation.

At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to these dangerous children’s products.

Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.

Orbeez Water Beads Lawsuit Overview

The Orbeez Water Beads lawsuits focus on allegations that manufacturers failed to adequately warn consumers about the serious risks these products pose to children.

These tiny, colorful polymer beads expand dramatically when exposed to water, creating a life-threatening hazard if ingested or inserted into body cavities.

According to the U.S. Consumer Products Safety Commission (CPSC), nearly 8,000 emergency room visits between 2016 and 2022 were related to water bead incidents [1].

The dangers have become so apparent that major retailers including Amazon, Walmart, and Target have announced they will stop selling water beads marketed to children, and at least one water bead product has been recalled after causing an infant death.

Related Article: Water Beads Lawsuit

Latest Orbeez Water Beads Lawsuit Updates

September 2023

– Approximately 52,000 Chuckle & Roar Ultimate Water Beads Activity Kits, sold exclusively by Target, were recalled after at least one infant died and another was seriously injured after ingesting the water beads [2].

The recall was prompted by a 10-month-old infant in Wisconsin who died in July 2023 after ingesting a water bead from the kit.

November 2022 – A 9-month-old infant in Maine swallowed a water bead from a Chuckle & Roar activity kit, which caused an intestinal obstruction requiring surgery to remove it. This incident, along with the later fatality, contributed to the eventual recall of the product.

Recent Retail Response – Amazon, Walmart, and Target have all announced they will no longer allow water beads to be sold if they are being marketed to children, according to Consumer Reports [3].

Amazon specifically stated that Orbeez Water Beads will now be prohibited, and water beads sold as ammunition for “gel blaster” guns will not be allowed if marketed for children.

Walmart will prohibit the sale of all water bead toys and craft supplies marketed for children under age 9, both in stores and online.

Water bead injuries can result in significant economic impact on families. The average cost of emergency surgery for bowel obstruction exceeds $35,000, while long-term care for children with toxic brain injuries can reach millions of dollars over a lifetime.

Additional costs include ongoing medical treatment, specialized care, and lost wages for caregivers. The total healthcare burden from water bead injuries is estimated to be in the tens of millions annually.

In the interest of safety, Amazon will no longer allow the sale of water beads that are marketed to children, including as toys, art supplies, or for sensory play. We work hard to ensure the products offered in our store are safe, and we have teams dedicated to developing and updating our policies, evaluating listings, and continuously monitoring our store to prevent unsafe and noncompliant products from being listed.” – Amazon Spokesperson to Consumer Reports

CPSC Reports and Statistics

The U.S. Consumer Product Safety Commission (CPSC) has compiled extensive data on the dangers of water beads to children:

• Nearly 8,000 emergency room visits between 2016 and 2022 were related to water bead incidents
• Children under 5 years old account for approximately 90% of these emergency department visits
• Ingestion represents the most common type of incident (64%), followed by insertion into ears (19%) and nasal passages (17%)
• At least one death has been officially linked to water bead ingestion
• The CPSC has established a dedicated Water Beads Information Center to address the growing number of incidents

In addition to monitoring incidents, the CPSC took regulatory action in September 2023 by issuing a recall for the Chuckle & Roar Ultimate Water Beads Activity Kits after documented serious injuries and a fatality.

The agency continues to investigate other water bead products and has issued multiple safety alerts warning consumers about the dangers these products pose to children.

Orbeez Water Beads Injuries & Side Effects

Orbeez and other water beads can cause severe injuries when ingested or inserted into body cavities, particularly in young children.

These super-absorbent polymers continue to expand inside the body, leading to potentially life-threatening complications.

• Intestinal Obstruction: When swallowed, water beads can expand in the digestive tract, causing blockages that can be fatal without immediate surgical intervention. Multiple surgeries are often required, leading to severe health complications.
• Toxic Brain Injury (TBI): Despite being advertised as “non-toxic,” water beads are frequently made from petroleum products containing acrylics like polyacrylate and acrylamide. At least one documented case exists of a child developing permanent brain damage from acrylamide toxicity after ingesting water beads.
• Hearing Loss: When placed in the ear canal, water beads can expand and cause severe damage, including permanent hearing loss. Surgical removal is typically required.
• Respiratory Complications: If inhaled or lodged in nasal passages, water beads can cause breathing difficulties and require emergency medical intervention.

Do You Qualify for an Orbeez Water Beads Lawsuit?

You may qualify for an Orbeez Water Beads lawsuit if:

• Your child or other loved one ingested, inhaled, or inserted Orbeez or other water beads into their body
• The incident resulted in serious injuries requiring medical intervention, such as intestinal obstruction, surgery, hearing loss, or other complications
• The injured person received treatment at a hospital or from a healthcare provider for these injuries
• You can document the purchase and use of the Orbeez or water bead product
• The injury occurred within the applicable statute of limitations for your state

Evidence Required for an Orbeez Water Beads Lawsuit

To strengthen your case against the manufacturers, you should gather:

• Medical records documenting the injury, diagnosis, treatments, and procedures
• Proof of purchase of the Orbeez or water bead product (receipts, credit card statements, packaging)
• Photos of the actual product involved in the incident if available
• Documentation of emergency room visits, hospitalizations, or surgeries
• Statements from healthcare providers linking the injury to water bead ingestion or insertion
• Records of ongoing medical care and rehabilitation needs

Damages You Can Recover

Victims of Orbeez Water Beads injuries may be eligible to recover compensation for:

• Medical expenses, including emergency care, surgeries, hospitalizations, and ongoing treatments
• Future medical costs for long-term care, especially in cases of permanent injury
• Pain and suffering experienced by the injured child
• Emotional distress for both the victim and family members
• Lost wages for parents or guardians who missed work to care for the injured child
• Punitive damages against manufacturers who knew or should have known about the dangers

Orbeez Water Beads Recall Information

In September 2023, Buffalo Games recalled approximately 52,000 Chuckle & Roar Ultimate Water Beads Activity Kits sold exclusively at Target.

The recall was issued after one infant died and another was seriously injured after ingesting water beads from these kits.

The recalled products can be identified by the following information:

• Product Name: Chuckle & Roar Ultimate Water Beads Activity Kits
• UPC Number: 079346627035 (located on the back of the purple box)
• Contents: 2 ounces of “jumbo” water beads, 6 ounces of “regular” water beads (approximately 10,000 expanding beads total), a clear container with lid, 5 small toy fish, a scissor scoop, tweezers, a scoop with handle, 10 activity cards, and instructions
• Retailer: Sold exclusively at Target stores nationwide and online
• Sale Period: March 2022 through November 2022 for approximately $15

Consumers with these recalled products should immediately stop using them, keep them away from children, and return them to any Target store for a full refund.

While the Chuckle & Roar recall is significant, it’s important to note that no comprehensive recall has been issued for all water bead products, including Orbeez.

However, major retailers including Amazon, Walmart, and Target have announced they will stop selling water beads marketed to children due to safety concerns.

Statute of Limitations for Orbeez Water Beads Lawsuits

The time limit to file an Orbeez Water Beads lawsuit varies by state but typically ranges from 1-3 years from the date of injury.

However, several factors may affect this timeframe:

• In cases involving children, many states “toll” (pause) the statute of limitations until the child reaches 18 years of age
• Some states apply the “discovery rule,” meaning the time limit begins when you discovered or reasonably should have discovered that the water beads caused the injury
• If the manufacturer engaged in fraudulent concealment of dangers, some courts may extend the filing deadline
• In wrongful death cases, different statutes of limitations may apply, often starting from the date of death

Because these timeframes can be complex and vary significantly between jurisdictions, it’s crucial to consult with an attorney as soon as possible after an injury occurs to ensure your claim is filed within the appropriate deadline.

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FAQs

1. Are Orbeez water beads safe for children to play with?

Orbeez water beads are generally marketed as safe for children, but they pose serious choking and ingestion hazards, especially for younger kids. Major retailers including Amazon, Walmart, and Target have stopped selling water beads marketed to children due to safety concerns.

2. What should I do if a child ingests Orbeez water beads?

If a child ingests Orbeez water beads, seek emergency medical attention immediately. The beads can expand inside the digestive tract, leading to potential blockages and serious health risks that may require surgical intervention.

3. What are Orbeez water beads made of, and are they toxic?

Orbeez water beads are made of superabsorbent polymer, often containing acrylics like polyacrylate and acrylamide. Despite being marketed as “non-toxic,” there is documented evidence of toxic brain injury from these chemicals when ingested.

4. How do I know if my child has swallowed water beads?

Signs of water bead ingestion include vomiting, constipation, abdominal swelling, stomach pain, drooling, lethargy, and lack of appetite. These symptoms may develop gradually as the beads expand inside the body.

5. How long do I have to file a lawsuit after a water bead injury?

The statute of limitations typically ranges from 1-3 years depending on your state, but special rules often apply for injuries to children. Consult with an attorney immediately to ensure you don’t miss critical deadlines.

See all related product liability lawsuits our attorneys covered so far.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for injuries caused by Orbeez Water Beads. Each state has specific statutes of limitations that restrict the time you have to file a lawsuit after an injury occurs, typically ranging from 1-3 years depending on your location.

At Schmidt & Clark, LLP, we offer:

• Free, confidential consultations to evaluate your potential Orbeez Water Beads case
• No upfront costs or fees – we only get paid if we win your case
• Experienced product liability attorneys who understand the complexities of dangerous children’s product cases
• Compassionate representation for families dealing with traumatic injuries to children

Don’t delay seeking the compensation your family deserves. The manufacturers of these dangerous products must be held accountable for the serious injuries they have caused to vulnerable children.

References

1. https://www.cpsc.gov/Safety-Education/Safety-Education-Centers/Water-Beads-Information-Center
2. https://www.cpsc.gov/Recalls/2023/Buffalo-Games-Recalls-Chuckle-Roar-Ultimate-Water-Beads-Activity-Kits-Due-to-Serious-Ingestion-Choking-and-Obstruction-Hazards-One-Infant-Death-Reported-Sold-Exclusively-at-Target
3. https://www.consumerreports.org/babies-kids/toys/amazon-to-stop-selling-water-bead-toys-a2333261526/