Button Battery Tissue Injury and Necrosis Lawsuit Lawyers

Cincinnati Children’s Doctor Discusses the Risks and How to Stay Safe

As we go about our daily lives, it’s easy to overlook the hidden dangers that lurk within our homes, particularly when it comes to small, seemingly harmless items like button batteries. These tiny, flat batteries may appear innocuous, but they can pose a significant risk to our little ones, often leading to serious injuries or even fatalities.

Dr. David Vitale, a dedicated medical professional from Cincinnati Children’s Hospital, sheds light on this growing concern. Over the past couple of decades, there has been a concerning increase in the number of children admitted to hospitals due to button battery ingestions. Dr. Vitale attributes this rise to the proliferation of these batteries within households, driven by their use in various devices, from watches and AirTags to key fobs and even musical greeting cards.

The issue is exacerbated during the holiday season when these batteries find their way into a multitude of products, including festive lights and toys. With young children being naturally curious and their inclination to explore the world by putting objects in their mouths, the risk becomes even more pronounced.

Dr. Vitale emphasizes the alarming statistics, citing data from the National Poison Center database. Between 1999 and 2019, cases of button battery ingestions witnessed a staggering 70% increase. It’s a stark reminder of the pressing need for awareness and preventive measures.

Battery manufacturers are also stepping up to address this issue. Duracell, for instance, has introduced a new bitter coating on its button batteries, aiming to deter young children from swallowing them. However, despite these efforts, accidents can still happen.

So, what should parents and caregivers do if they suspect a child has swallowed a button battery? The first and most crucial step is to seek immediate medical assistance and contact poison control. Poison control experts can guide caregivers through essential actions to mitigate the potential damage. In some cases, they may recommend administering honey to help neutralize the battery’s effects. Nonetheless, medical attention should always be sought promptly because the damage can escalate rapidly.

Dr. Vitale warns of the severe consequences if a button battery becomes lodged in a child’s esophagus. Within as little as 15 minutes, it can cause significant tissue injury. The battery’s interaction with bodily fluids can lead to a basic reaction, resulting in a pH level as high as 12 or 13 in the esophagus, causing deep tissue injury and necrosis.

Approximately 4,000 button battery ingestion cases are reported each year, with 10% of these cases requiring hospitalization. Tragically, just a few years ago, a young girl named Reese Hamsmith lost her life after accidentally swallowing a button battery from a remote control. In response, her family successfully advocated for “Reese’s Law,” enacted in 2022. This law mandates child-resistant closures on products using button batteries and calls for more stringent warning labels on packaging.

While regulations and safety measures are crucial, nothing can replace vigilant supervision. Parents and caregivers must remain vigilant and keep small items like button batteries out of a child’s reach.

In light of these concerns, it’s essential for individuals who have experienced harm or injuries due to button battery ingestions to understand their rights and consider potential legal action. Victims may have grounds to file a product liability lawsuit to seek compensation for the damages they have incurred as a result of defective products.

A product liability lawsuit is a legal avenue that allows victims to hold manufacturers, distributors, or retailers accountable for dangerous or faulty products that have caused harm. To pursue such a lawsuit, victims must establish that the product was defective or unreasonably dangerous and that this defect directly resulted in their injuries.

Navigating a product liability lawsuit can be a complex and daunting process, but it is essential for victims seeking justice and compensation for injuries resulting from button battery ingestions. This legal journey typically encompasses several pivotal steps, each of which underscores the importance of having a skilled attorney by your side:

1. Legal Consultation: The journey begins with victims seeking legal counsel from an experienced attorney who specializes in product liability cases. During this crucial phase, the attorney assesses the merits of the case, offers invaluable legal guidance, and takes the necessary steps to initiate legal proceedings on behalf of the victim.
2. Investigation: Once the attorney is on board, they embark on a comprehensive investigation. This investigation aims to collect compelling evidence that unequivocally establishes the product’s defectiveness and its direct link to the victim’s injuries. Rigorous fact-finding is instrumental in building a robust case.
3. Filing a Lawsuit: With the investigation concluded and evidence meticulously gathered, the attorney proceeds to file a lawsuit against the responsible parties. These parties may include the product manufacturer, distributor, or retailer. The legal action marks the formal commencement of the pursuit of justice.
4. Discovery: As the lawsuit progresses, both parties involved engage in the discovery process. This phase involves the exchange of evidence, conducting depositions, and the meticulous gathering of information. It is during this stage that the foundations of the respective cases are solidified.
5. Negotiation or Trial: Depending on the strength of the evidence and the willingness of the opposing party to reach a settlement, the case may take one of two routes: negotiation or trial. An attorney plays a pivotal role in this decision-making process, advocating on behalf of the victim to secure a fair and just settlement. In cases where a settlement remains elusive, the legal proceedings move forward to a trial, where evidence is presented and argued before a court of law.
6. Legal Representation: Throughout every step of the lawsuit process, having a seasoned attorney is indispensable. Attorneys possess the expertise to navigate the intricacies of the legal system, safeguard the victim’s rights, and pursue the highest possible compensation. Their legal acumen ensures that victims are not left to face the complexities of the legal process alone.

In a product liability lawsuit stemming from injuries caused by button battery ingestions, victims may be eligible to seek various forms of damages. These damages serve to compensate victims for the physical, emotional, and financial toll inflicted by the defective product:

• Medical Expenses: Victims are entitled to compensation for both past and future medical bills stemming from injuries caused by the defective product. This includes expenses related to surgeries, hospital stays, doctor visits, and ongoing medical care.
• Pain and Suffering: Victims can seek compensation for the physical and emotional pain, trauma, and distress they have endured as a direct result of their injuries. This aspect of damages acknowledges the significant toll the incident has taken on their overall well-being.
• Lost Income: Reimbursement for wages lost due to injuries is a critical component of damages. This includes both the income that victims have already lost and potential future earning capacity if the injuries result in long-term or permanent disability, affecting their ability to work and earn a livelihood.
• Rehabilitation Costs: The expenses related to physical therapy, rehabilitation, and ongoing medical treatment are encompassed within the damages victims may recover. These costs are essential for victims on their journey to recovery and rehabilitation.
• Punitive Damages: In certain cases where egregious misconduct on the part of the responsible parties is evident, victims may be awarded punitive damages. The purpose of punitive damages is to impose a punitive penalty on those responsible, deterring future negligence and misconduct.

Understanding the intricate steps of a product liability lawsuit and the damages available to victims is vital for those who have suffered injuries due to button battery ingestions. It is essential to seek legal representation from a qualified attorney to navigate this challenging legal terrain effectively.

CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW

If you or a loved one has experienced harm or injuries, we encourage you to contact a reputable law firm with decades of experience in product liability cases. Parker Waichman LLP, a nationally recognized product injury law firm, is committed to advocating for victims’ rights. We offer a free consultation to victims seeking legal assistance.

To speak with our experienced attorneys, please call 1-800-YOUR-LAWYER (1-800-968-7529). Your pursuit of justice and compensation for the harm caused by dangerous products is a paramount priority, and legal recourse is a crucial step toward achieving it.

Regardless of your location or where your injury occurred, our nationwide personal injury law firm is ready to assist you.