Inset, top to bottom: Esther Bethard (Taylor Bethard) and the water bead toy the infant swallowed that allegedly killed her (Chuckle & Roar/YouTube). Background: The Illinois Target where the toy was purchased (Google Maps).
Retail giant Target continued selling — and later quietly pulled — a water bead toy from store shelves without warning customers who had already bought it, even after receiving reports that children had suffered life-threatening injuries from the product, according to a wrongful death lawsuit filed by the family of a Wisconsin infant who died after swallowing a single bead.
The complaint, filed in Hennepin County, Minnesota, state court by the parents of 10-month-old Esther Johanna Faith Bethard, accuses the retail giant of negligence, wrongful death and reckless disregard for consumer safety. The lawsuit alleges Target”s failure to notify prior purchasers after learning of the dangers directly led to Esther’s July 2023 death.
When the highly absorbent polymer material in water beads interacts with water, the individual beads can expand up to 100 times their initial size.
According to the complaint, Esther’s family bought a Chuckle & Roar Ultimate Water Beads Activity Kit at a Target store in April 2022. The toy was intended for the family’s older children and was used only under adult supervision before being stored in a sealed bag inside its original packaging on a high shelf.
Despite those precautions, several months later, Esther allegedly found a single stray bead and swallowed it.
The infant became ill on July 6, 2023, vomiting and refusing to nurse before appearing to stabilize overnight. The following morning, her mother found her unresponsive in her crib next to what the complaint describes as a puddle of red vomit. CPR was unsuccessful, and Esther was pronounced dead after being taken to a hospital.
Medical professionals later concluded her death was consistent with complications from ingesting a water bead that expanded inside her body, causing a fatal intestinal obstruction, according to the lawsuit.
The family’s attorneys allege Target knew long before Esther’s death that the colorful polymer beads could expand dramatically after being swallowed, creating life-threatening internal blockages.
The complaint points to recalls involving similar water bead toys dating back to 2012 and alleges Target received direct reports in 2022 involving two young children who suffered catastrophic injuries after ingesting or inhaling Chuckle & Roar water beads sold exclusively through the retailer.
“At the end of the day I REALLY REALLY just want to see some labeling changes — Aspiration is a serious risk, swallowing and causing stomach/intestinal damage is a serious risk,” the child’s mother allegedly wrote to Target following the incident, according to the complaint.
The lawsuit also alleges a toddler nearly died after swallowing a bead from the same product sold in New Hampshire, requiring multiple bowel surgeries after developing sepsis.
Buffalo Games — the product’s manufacturer — allegedly notified Target on Nov. 17, 2022, that it had decided to stop selling the toy because of the injury risk. Target removed the product from stores and blocked future sales the next day, according to the complaint.
However, the retailer allegedly never warned customers who had already purchased the toy, despite maintaining records of those purchases through its Target Circle rewards program and other customer accounts.
“Despite silently removing a dangerous product from store shelves that had caused serious harm to children, and despite the opportunity and ability to do so, the Target defendants took no steps whatsoever to warn families who had already purchased the product and still had water beads in their homes of the serious and hidden dangers associated with the product,” the complaint states.
The suit further alleges Target “did not contact known purchasers. They did not publish alerts on their website or in stores. They did not update the product labeling or instructions.”
The plaintiffs contend Target regularly emailed the Bethard family through its loyalty program and could have easily warned them after removing the product from sale.
According to the lawsuit, the U.S. Consumer Product Safety Commission recalled approximately 52,000 Chuckle & Roar Ultimate Water Beads Activity Kits on Sept. 14, 2023 — about two months after Esther’s death — warning that the beads could expand inside a child’s body and cause intestinal obstruction, choking and death.
“Target should demonstrate the same zeal for protecting children that it does in sending out marketing emails,” plaintiffs’ attorney Daniel J. Mann said in a statement announcing the lawsuit. “This was a completely preventable tragedy.”
The family is seeking compensatory and punitive damages, along with damages for Esther’s alleged pain and suffering, wrongful death, emotional distress suffered by her parents and siblings, and other losses. Target had not publicly responded to the allegations at the time the lawsuit was filed.
In a statement to Minneapolis-based ABC affiliate KSTP, Target said: “We extend our deepest sympathies to those affected by this tragedy, and we worked closely with the manufacturer of the product at the time the incident occurred. As it is an active legal matter, we cannot comment further.”
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