Thomas Toys Lead Paint Class Action Against RC2, Maker of the Thomas the Tank Engine Toys

Lead paint can cause horrific long term neurological damages in children. Damages here include cost of the Tainted Toys, cost of the other toys tainted by lead from the Tainted Toys, medical testing costs, and worry, fear, and anxiety over the long term effects of the risk RC2 has created.

This is the official homepage of the class action litigation being prosecuted by Balestriere PLLC in federal court in Brooklyn, New York against RC2 Corporation ("RC2") for its inexcusable misconduct in distributing over one and a half million toys tainted by lead paint to toddlers across the Nation, exposing those young children to grave risk of long term neurological damages.

The lawsuit seeks class action status on behalf all the parents and guardians ("the Class") of the young children who were exposed to the Thomas the Tank Engine toys ("Thomas Toys") that the U.S. Consumer Products Safety Commission subjected to a voluntary recall on June 13, 2007 ("the Tainted Toys"). The Tainted Toys were manufactured in China using cheap lead paint, and distributed to children throughout the United States for two and a half years, from January 2005 through June 2007 ("the Class Period").

If you are a member of the Class or know a child exposed to the Tainted Toys and wish to discuss this litigation, or if you have any questions concerning your rights or interests or would like to obtain a copy of the Complaint, please contact plaintiff's counsel, John Balestriere or email thomastoyscase@balestriere.net.

DANGERS OF LEAD PAINT

Lead paint is a toxic chemical which is particularly dangerous to children under six - the children to whom RC2 marketed and distributed the Tainted Toys. Exposure to lead paint can cause a wide range of serious health problems, from brain damage to kidney failure. It can also have more subtle effects such as poor academic performance and, in adults, high blood pressure.

CONTINUING RISK OF EXPOSURE

Balestriere PLLC strongly recommends that all Class Members immediately remove the Tainted Toys from their children. All Class Members will likely want their children to be tested, and may want to remove from their children any other toys that have been exposed to the Tainted Toys (e.g., other Thomas Toys kept in the same bin as the Tainted Toys, which may have lead paint on them from the Tainted Toys) which also may cause a risk to their children.

DAMAGES

Plaintiff seeks to recover a series of damages suffered by the Class, including:

• The cost of any medical testing which Class Members undertake;
• The cost of the Tainted Toys themselves;
• The cost of the other toys, exposed to the Tainted Toys, which Class Members understandably decide to remove from their children’s possession and discard.
• Compensation for the almost immeasurable fear, anxiety, and worry Class Members have now and will continue to experience due to RC2's recklessness.

BALESTRIERE PLLC

Plaintiff is represented by Balestriere PLLC, a trials and investigations law firm based in New York. The firm represents individuals, companies, and institutions in criminal, civil, and civil fraud matters (such as this case) in trial and appellate courts, in intense negotiations, during arbitrations, and before grand juries, securities regulators, and government agencies. The firm also conducts internal investigations of alleged misconduct at companies and organizations, and provides monitoring services to companies in different industries.

Balestriere PLLC is unique: unlike most law offices, the firm combines a complex and sophisticated litigation background and hard nosed negotiation experience with the willingness and ability to push cases to trial and win at trial.

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