Landmark Settlement Reached For Class in 'In re Mattel, Toy Lead Paint Products Liability Litigation'

Landmark Settlement Reached For Class in 'In re Mattel, Toy Lead Paint
Products Liability Litigation'
Class receives substantial monetary and injunctive relief in multi-district
litigation arising from excessive lead, lead paint, and hazardous materials in
children's toys

NEW YORK, Oct. 13 /PRNewswire/ -- Co-lead counsel Whatley Drake & Kallas has
reached a landmark settlement in a multi-district litigation concerning the
largest recall of children's toys in recent history by Mattel and its
subsidiary Fisher-Price, In re Mattel, Toy Lead Paint Products Liability
Litigation, MDL 1897 (C.D. Cal.). In 2006 and 2007, Mattel recalled over 14
million toys in the U.S. alone, due to excessive lead, lead paint, and
hazardous magnets. Mattel also withdrew toy blood-pressure cuffs from retail
shelves in Illinois after the state Attorney General found lead in the
plastic, but never issued a formal nationwide recall. The settlement provides
tens of millions of dollars in monetary relief as well as significant
injunctive relief.

The monetary relief is tailored to respond to the variety of circumstances
that class members find themselves in as a result of Mattel's conduct. First,
class members who participated in the recalls will automatically receive
either a check for 50% of total vouchers sent or $10.00, whichever is greater.
Second, class members who did not participate in the recalls, but who possess
a recalled toy or proof of purchase of a recalled toy will receive either a
check or a voucher in the amount of the toy. Third, class members who declare
that they purchased or acquired a recalled toy, but who destroyed the toy
after the recall, will receive a voucher in the amount of the toy for up to
three toys, up to $10 million for the class. Fourth, class members who
purchased or acquired certain recalled toys in which only one standalone piece
was affected may obtain up to $12. Additionally, class members may recover
all out-of-pocket expenses incurred for lead testing, up to $600,000 for the
class.

The injunctive relief provides important protections, for the class and the
general public, against similar problems arising in the future. Mattel must
certify annually for three years to the Court that it is maintaining certain
quality assurance / quality control programs. Further, Mattel has agreed to
comply with, among other things, new federal laws and regulations, emerging
industry standards, and ASTM rules. To enhance the effectiveness of that
agreement, Whatley Drake & Kallas took action to ensure that the Consumer
Protection Safety Improvement Act of 2008, and implementing regulations there
under, adequately safeguard against future toy safety events like the ones
that led to this litigation.

Finally, the settlement provides for a cy pres payment to the National
Association of Children's Hospitals and Related Institutions in the amount of
$275,000 for child safety programs.

"We are pleased that we have been able to help consumers who unknowingly
acquired children's toys with serious defects," said Joe R. Whatley of Whatley
Drake & Kallas. He added, "We intend to ensure that those consumers receive
the benefits they are entitled to under the settlement."

About WDK: Whatley, Drake & Kallas, LLC is a national law firm with offices
in Birmingham, New York City, and Boston. WDK practices extensively in the
areas of complex class action and derivative litigation, including securities,
ERISA, 401k, healthcare, insurance, antitrust, mass tort and consumer
litigation. WDK also remains devoted to its longstanding representation of
unions and workers throughout the United States and represents several
Taft-Hartley plans.

CONTACT: Joe R. Whatley Jr. (212-447-7011)

SOURCE Whatley, Drake & Kallas, LLC

Joe R. Whatley Jr., +1-212-447-7011