Mom's Stories
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Roxanne Berry
and Her 10-year-old son Freddy |
State: West Virginia |
Roxanne
bought her son Freddy a new bike from Wal-Mart
in April of 2000, but they had to take it back
because of a faulty chain. With a refund in hand
later that year, Freddy found the bike he wanted
for his 10th birthday present– a NEXT Ultra
Shock. He knew the front wheel had a quick
release, but didn’t know what that meant since
he wasn’t given a manual.
Freddy only
had the bike a week when the front tire dropped
off as he was riding up a smoothly-paved street
to a friend’s house. As the fork drove into the
ground, he went over the handlebars. With
severe lacerations on his face and shoulders and
his eyes swollen shut, Freddy’s mom took him to
the ER, where they also found out he had a
fractured nose.
The next day,
Freddy’s dad took the bike back to Wal-Mart and
explained what had happened. When he asked for
money for the bike and medical bills, they told
him he would have to file a report through their
claims process. Wal-Mart offered a refund, but
they wanted to keep the bike.
When the
family asked the claims investigators if there
was a problem with this kind of bike, they said
the bikes were fine. With that response,
Freddy’s parents assumed it was an isolated
incident, and didn’t want to make a big fuss.
They settled their small claim with Wal-Mart for
only medical costs— not knowing that other kids
had been injured.
When Roxanne
found out that there were other cases of kids
having similar accidents on the NEXT Ultra Shock
bikes, she was furious— especially when she
understood the extent of the damage to others.
It was heart wrenching for her to know she’d
been lied to.
Roxanne wants
to let people know about these bikes because she
doesn’t want any more kids hurt. She thinks
that other parents are probably assuming —just
like she did— that these accidents have been
isolated incidents. It scares her to think that
Christmas is coming and people might be buying
similar bikes as presents for their kids. |
| Connie Gowan &
Her 9-year-old son Sean |
State:
Louisiana |
In December
2000, Connie Gowan bought her son Sean a NEXT
Shock Zone bicycle from Wal-Mart after a
salesperson recommended it for her 9-year-old.
She didn’t even know the bike had a quick
release, since she was not given instructions or
an owner’s manual. She had never heard of a
quick release until after her son’s accident.
On March 5th,
2001, Connie’s 24-year-old daughter went jogging
and asked if Sean wanted to ride his bike while
she jogged. They stopped to talk to a couple of
family friends and, while the adults were
talking, Sean rode his bike in a circle between
two driveways. When Sean turned around, his
front wheel came off his bike, causing the forks
to jam into the pavement, which catapulted him
over the handlebars, crashing him face first
into the concrete.
Sean had
horrifying injuries to his hands, arms, face and
seven teeth. Several doctor visits and four root
canals later, Sean is still faced with the
possibility of T.M.J., and almost certainly the
loss of his two permanent front teeth.
When Connie
spoke to Wal-Mart about an accident claim, they
just took her information over the telephone and
told her it would be turned over to Dynacraft,
their distributor. Dynacraft contacted Connie a
few days later to send a claims adjuster to look
at the bike. During many conversations about the
accident, no one mentioned that this model bike
was ever recalled or caused accidents that
injured other children. In fact, after hearing
of the quick release, Connie did some computer
research and was shocked to find out about the
recall. When she questioned the representative
at Carl Warren, the company that Dynacraft uses
for claims, he told her that the other claims
involved different bikes and situations, and
that her son’s accident was an isolated
incident. When they gave her a third and final
settlement offer to cover medical costs, Connie
was told that she could either take it or they
would let her take them to court and they would
win, and she would get nothing. She settled the
claim out of fear that she would lose everything
and have no help paying for her son’s medical
and dental bills.
Sean’s mom
would never have settled if she had known the
truth about the recall and the fact that many
other injury claims had been filed with
Dynacraft on this model bike, before her son’s
accident.
Connie found
out that Dynacraft and Wal-Mart had lied to her
about the recall and the number of injured kids
when she agreed to be a witness in an injury
case for a young boy who suffered serious injury
when his front wheel came off his bicycle. After
the case, she joined a group suit against
Dynacraft and Wal-Mart. In return, Dynacraft and
Wal-Mart have slapped her with a counter
lawsuit for breach of contract. Connie offered
to return the settlement money and they
responded by serving her with legal papers for
their suit against her!
Connie would
like to see Dynacraft and Wal-Mart’s corporate
leaders take responsibility for providing safe
products for our children, offer more quality
American-made products, and notify the public if
products are found to be dangerous. One child
injured is too many!
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| Cindy
May-Carman & Her 12-year-old son Ryan |
State: California & Florida |
Cindy
May-Carman bought her son Ryan a NEXT Ultra
Shock mountain bike at her local Wal-Mart when
they were living in Florida. On March 24, 2003,
Ryan rode his bike over a standard speed bump
when the front tire suddenly fell off. The fork
of the bike (which holds the tire) drove into
the ground and Ryan flew over the handlebars.
Her son broke
his two front permanent teeth and cut his lip
from the inside, requiring multiple stitches.
His arms had substantial abrasions from the
pavement. Ryan has missed time at school, has
had extensive medical and dental procedures,
which have not yet been completed, and now has
permanent scarring on his face.
Wal-Mart
refused to replace the bike and Cindy was asked
to fill out a claim form to get any compensation
for her son’s medical injuries. Over the next
several months, Cindy patiently and in good
faith talked to various representatives sent by
Wal-Mart. Cindy spoke with four separate
organizations in the end but received nothing.
Unbeknownst
to Cindy, the bike had been recalled in June of
2002, nine months earlier, because of a faulty
welding on the forks. The Wal-Mart manager
didn't mention this in his conversation with
her, nor was she ever told that the bike had a
“quick-release” wheel. Cindy later learned that
other children had been injured on the same
bicycle model.
Cindy
believes that Wal-Mart has a responsibility to
educate its employees about product recalls and
for the company to be accountable for the
products it sells to families. Ultimately Cindy
doesn’t want another parent’s son or daughter to
go through the physical and emotional pain that
she and her son have endured. She believes that
if she can help save one more child from injury,
then her efforts to raise awareness about this
issue will not have been in vain.
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|
Virginia Kines & Her 13-year-old Son
Darrell |
State: Georgia |
In June 2000,
Virginia Kines bought a shiny yellow Next Shock bike
at Wal-Mart as a present for her son Darrell’s 13th
birthday. About a month later, while riding with a
friend, the front wheel came off and the fork jammed
into the pavement, flipping Darrell headfirst
several feet onto
his head and face.
Virginia and
Darrell took the bike back to Wal-Mart the next day.
She told customer service about the wheel coming
off, and her son’s condition was plain to see- his
head and face were obviously severely hurt. She even
brought the bicycle with the wheel off as evidence.
Wal-Mart took the bike and told her she should call
an 800 number to discuss medical expenses with
Dynacraft, Wal-Mart’s supplier.
Believing that
Dynacraft would accept responsibility and pay, she
called the number, only to have Dynacraft summon its
team of investigators to search for an excuse to
avoid responsibility. Virginia, a single mom
struggling to pay the bills, tried to answer the
many probing questions directed at her, but in the
end was told that Dynacraft would take no
responsibility for the accident because Wal-Mart had
destroyed the bike.
In the meantime,
Darrell’s grades declined to the point where he
failed 9th grade. He was becoming
increasingly angry and frustrated. After getting
into more and more trouble, he was eventually sent
to an alternative school. Virginia couldn’t afford
therapy for him, nor was she able to pay the medical
bills.
She felt hopeless,
until she got a call about another injured boy. For
the first time, she realized that more young people
had been injured riding the Next Shock bikes.
Since the
accident, Virginia’s had two heart attacks and a
knee replacement. Worrying about her son with his
post-accident issues has been difficult. She
believes that parents and their children should be
made aware of the problems with these bikes, and
that ultimately the companies and manufacturers
should be responsible for the products they
distribute and sell.
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Wal-Mart Tries to Re-Sell
Defective Bike That Caused Accident?
http://consumeraffairs.com/sporting_goods/walmart.html
For
additional information or to notify us of a similar incident
involving someone you know, please send your inquiry to:
info@shokmoms.org.
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