Mother of Calif. Toddler Sues Amazon for Negligence in Swallowed Battery Incident

A 21-month-old Fresno, California, child, LK, was seriously injured after she ingested a button battery that fell out of a wireless color-changing LED light remote control, said a negligence lawsuit Tuesday against Amazon (docket 1:23-cv-01112) in U.S. District Court for Eastern California in Fresno. Plaintiff Joanne Knupp, LK’s mother, said the child experienced “extreme pain and suffering” after swallowing the battery Feb. 16 and the damage was so severe she had to undergo 14 surgeries to remove the battery and address organ damage. The battery, which lodged in and burned through LK’s esophagus, caused a tracheoesophageal fistula, said the complaint, resulting in tissue damage with “prolonged risk of catastrophic bleeding,” it said. LK suffered numerous traumatic diagnostic procedures, sedated CT scans, bronchoscopies, endoscopies and intubations, said the complaint. Her condition has required round-the-clock care, plus a “constant flow of drugs for pain, anxiety, and to reduce enhanced risks of infection,” it said. The wireless remote, for color-changing “fairly lights,” was sold under Amazon’s Homemory brand. LK’s injury “did not need to happen,” and it wouldn't have happened if the product had adequate safety precautions to prevent the remote’s access cover from falling open, and if it had been "manufactured, marketed, and sold in a manner that was safe,” said the complaint. In addition to negligence, the complaint asserts claims of product liability for defective design and manufacturing and failure to warn of a defective condition. It also charged Amazon with breach of implied contract and emotional distress. Plaintiffs seek lost earnings and healthcare expenses; costs of mental anguish and emotional distress; costs for medical care, lodging, travel and incidental expenses; punitive damages and legal costs; and a preliminary and permanent injunction barring Amazon from selling the defective products. It also seeks a product recall.