Personal Injury Law

Missouri Product Liability and Failure to Warn - Toy Thrown into Eye - Severe Eye Injury Lawsuit

By Benjamin J. Sansone, Esq.

Previously, the Missouri personal injury lawyers of Sansone Law have represented individuals injured by defective or dangerous toys, we have handled a previous Missouri toy eye injury case to a very successful conclusion. See Missouri toy eye injury lawsuit.

In August 2008 our Missouri personal injury client, Britney, sustained a major injury to her eye as a result of a Juggling Disc that was thrown to her.

Primary legal liability under Missouri personal injury law is for Missouri defective product design and failure to warn in context with the way the toy was marketed. Basically, the "toy" is actually a set of professional juggling discs which are very rigid and not appropriate for beginners and especially not children. however, they are marketed in the toy section of stores and no warnings or age appropriateness is given.

Her right eye suffered severe trauma and eventually will die and likely be removed and require a transplant. Her eye injuries included: Cornea damage (will require transplant); Iris damage (will require transplant); Pupil Damage; Large loss of Vitreous fluid; Severe damage to the Sclera (the outside of the eye) requiring 36 stitches. Stitches at the rear of the Sclera will remain permanent.

Sympathetic Ophthalmic conditions may occur where the good eye overworks itself into blindness or chronic pain may result in the eye removal procedure labeled Ocular Prosthesis. If these conditions do not exist then a procedure is used to fit a Scleral shell over the Scleral to cover a blind and/or unsightly eye.

Due to the eye injury and retinal detachment Brittney?s restrictions are as follows:
? She must lie at a 45-degree angle most of her waking day.
? She must lie at a 45-degree angle during sleeping hours.
? She must not lift anything over 10 pounds.
? She must not bend over. (Tie shoes, pick up dropped objects, scratch her legs etc.)
? Laxatives are taken to reduce the internal eye pressure during bowel movements.
? Sneezing needs to be kept to a minimum to reduce internal eye pressure.
? She must not care for her 3-year-old son, at this time due, to her aforementioned restrictions. This may have to continue for some time.
? She must have family administer her medications.
? She must have family bath her to insure the eye does not get wet.
? Driving is off limits.
? College has been postponed until further notice
? Work is no longer an option due to here 10 pound lift orders.

Brittney is a 21-year-old beautiful young lady. She, like most, is very conscience of her appearance. She is also very conscience of the fact that her eyesight may not return. Counseling to overcome this tragedy will take years to overcome. We are currently contacting specialists and blind and semi blind youth groups/organizations that specialize in this kind of mental trauma. She seems to be mentally stable at times then depression sets in which promotes sadness

Full post as published by Missouri Injury Law Blog on March 02, 2010 (boomark / email).