Aqua Dots trial: Jury awards $435K to Gilbert family

A federal jury has sided with two Arizona parents who sued the makers of Aqua Dots after their toddler suffered critical injuries from swallowing the toy beads.

The toy, which has since been recalled, was coated with a chemical that converts into the "date-rape drug" GHB when ingested.

After more than a day of closing arguments and three hours of jury deliberation, jurors decided in favor of the Monje family from Gilbert on Thursday and awarded them $435,000 in damages.

Mark and Beth Monje said they will appeal the awarded damages because their attorneys were precluded from presenting evidence to the jury that demonstrates the extent of harm suffered by their son.

PREVIOUSLY:Aqua Dots 'date-rape-drug' trial begins in Phoenix

The case began eight years ago, when 16-month-old Ryan Monje had seizures, suffered from respiratory failure and was rendered temporarily unconscious after swallowing Aqua Dots. When he emerged from hospital, he had permanent injuries and brain damage, according to court records.

The Monjes sued Toys "R" Us, Inc., the U.S. company that sold them Aqua Dots; Canadian firm Spin Master and its U.S. subsidiary which distributed it; and Australian firm Moose Enterprise Pty Ltd., which designed it.

The family had been seeking unspecified damages, including punitive damages. U.S. District Court Judge John Tuchi ruled Wednesday afternoon that the jury would not be allowed to award punitive damages, so the $435,000 the jury awarded Thursday was for pain and suffering, and included $58,000 for Ryan's medical bills.

Both sides agreed that a harmful chemical was present on the toy. The beads were manufactured in China by JSSY Ltd and all parties involved in the lawsuit admit they contained a chemical that turns into GHB.

Toys "R" Us, Spin Master and Moose said that the Chinese firm bore most of the blame for switching one chemical for a cheaper one without telling them.

What was in dispute was the extent to which the firms knew about the switch, if they took reasonable precautions to protect consumers like the Monjes, and the extent of damages to which the Gilbert family is entitled.

The jury was instructed to assign percentages of fault for Ryan's injuries to all defendant corporations, as well as JSSY Ltd. and Ryan's father, Mark, who had been watching him when he injested the toy. The percentages of fault would determine what percentage of the total damages would be paid by each party.

The jury found Moose to be 33 percent responsible and liable for JSSY's 25 percent because it determined JSSY was acting on behalf of Moose's instructions to produce the Aqua Dots. The Chinese factory was found to be 25 percent liable, while Spin Master had 15 percent and Mark recieved 2 percent liability. The jury did not find fault with Toys "R" Us, where the Monjes purchased the Aqua Dots.

Dana Fox, who represented Moose, had no comment on the verdict. He said during trial his client accepts partial blame for the incident but that there was no evidence Moose knew about the chemical substitution before Ryan Manje ingested it.

JSSY Ltd. is a completely separate company from Moose, Fox said, and it did not notify his client of the chemical change.

Richard Mear, representing Toys "R" Us and Spin Master, argued his clients not only were unaware of the chemical change, but they also were led to believe the toy was safe based on successful testing. The fault must then lie in the testing agencies, he said.

"Neither Spin Master nor Toys 'R' Us designed or manufactured this toy and there is no evidence Spin Master or Toys 'R' Us knew anything that would lead them to believe their warning label was inappropriate," he said.

The Monjes described the win Thursday as "only round one" and said they will continue to fight for justice for their son.

"This ongoing fight is not only for Ryan's injuries but it's to change the way products are sold in the U.S.," Beth Monje said. "We believe companies should be held to a much higher standard, especially for children's toys, in the 21st century."

Republic reporter Sean Holstege contributed to this article.

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