Tuesday, December 22, 2009

Mattel lead class action suit - did you get a mailing too?

As a former legal secretary - and one who has actually had to sue someone - I really do abhor law suits. As one who used to routinely prepare suits - I have found that suits would not be necessary had the other party had offered fair compensation. As one who has sued someone - I have found that suits would not be necessary had the other party offered fair compensation. At the risk of repeating myself - I honestly believe lawyers are needed mainly because people have forgotten the Golden Rule.

Now, onto the Mattel lead suit - I recently received a mailing regarding filing a claim in the class action suit. It all sounds good - easy money, right? Oh, until you find out how much money you actually get. Did I have my child tested for lead? Sure I did! Am I out money? Sure - I'm out a $20 copay at least and my insurance company ate the rest. Who is more entitled to money, me or my insurer? If I had to go by who laid out the most money over the whole lead recall thing, I'd have to side with the insurer.

Is it worth my time to pursue, at best, $10? I'm thinking no. Look, we all want our kids' toys to be safe, but who benefits here? Do I or my insurer get full compensation? No. Not even close! Can you put a price on lost sleep? I worried about my child's developing brain... and thankfully the lead test came back fine. How much is the law firm seeking? Oh yeah, $12.9 million in attorney's fees and expenses. Did they really expend that much money to pursue the case? Perhaps not.

But let me tell you this, folks, think hard about these notices you get in the mail. Who is really making out in this deal? Not us, the poor parents who worried whether or not our child would turn up with a high level of lead for chewing on a favorite toy. Not our insurance companies who paid the bill when we asked for a blood test for our child. Not the doctor's receptionist who must have answered dozens of calls from frantic parents. Tort reform could be put to many uses aside from the great health care debate. Tis much cheaper to settle than defend yourself, I'd imagine. So when that Barbie doll costs more next Christmas, just remember this blog post. Companies don't eat these costs - they ultimately pass them along to consumers.

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