Lawsuits Filed in Federal Courts: Coleman Heaters Blamed for Carbon Monoxide Deaths

SEATTLE, Jan. 3 /PRNewswire/ -- 5-year-old Cody Ongpituk was orphaned May 28th. His parents and 13-year-old sister died of carbon monoxide (CO) poisoning while sleeping.

38-year-old Mari Daniel lost her husband and her father in September. The two men, on a hunting trip, died of carbon monoxide poisoning while sleeping in their camper. The third member of their hunting party, a US soldier, survived.

A Coleman PowerMate 5045 heater was used by both the Ongpituks and Mari Daniel's family members to warm their campers before they went to bed, and according attorneys who filed multiple complaints in Washington's Federal Court, "Coleman is to blame."

Attorneys for the two lawsuits, both filed December 14th, claim that "a design defect in the Coleman PowerMate 5045 propane heaters produces deadly levels of carbon monoxide." Though Coleman no longer produces the heaters, more than a million of the dangerous heaters sold by Coleman remain in use by the public worldwide.

Families of seven victims who died in three separate incidents in Packwood, Washington, sent a letter to the Consumer Safety Protection Commission, pleading recall of the heaters.

Coleman, purchased by Jarden Corporation (NYSE: JAH) in 1998, is the largest name in outdoor camping equipment, stoves, lanterns and heaters. Between 1984 and 2004, Coleman sold more than a million propane tank top heaters without oxygen depletion sensors or CO safety devices - claiming at least 75 lives nationwide. Attorneys representing 5 victims in the two lawsuits filed today believe that number is probably "much higher."

From 1984-1996, Coleman sold the propane heating units under the name "Focus" heaters, and marketed them primarily to campers. In 1996, Coleman upgraded the BTU output capability of some of the heaters, named "PowerMates," and marketed them as industrial heaters - though attorneys for the victims allege that Coleman was well aware that their product users still included hunters and campers. "Because of the higher BTU output, the death rate associated with PowerMate is even higher than the death rate from the older, Focus heaters," stated Seattle attorney Michael Blue.

Attorney Jeffery Campiche, Seattle, also representing the victims' families, is outraged by what he terms "Coleman's callous disregard of the carbon monoxide deaths. Humans cannot detect carbon monoxide. It is colorless, odorless and flavorless. If Coleman cared about the lives of the people who buy their products, they would recall their deadly heaters and snap on an ODS (oxygen depletion sensor). That simple fix would cost Coleman little and require minimal effort. Instead, their dangerous heaters have brought heartbreak to wives, husbands, parents, brothers, sisters, and children, left to deal with unnecessary tragedy."

"The dangers of CO poisoning have been well known for centuries. Oxygen Depletion Sensor technology has been in use for 50 years," said attorney Michael Blue. "If Coleman spent even a fraction of their marketing budget on making these heaters safe, lives would be saved." The legal complaint regarding the Daniels' deaths states that "safe, alternative designs were available to Coleman that would have shut off the heaters before they produced fatal levels of carbon monoxide," Blue said.

Cody Ongpituk's parents emigrated from Thailand, acquired citizenship, had two children, and worked hard toward the dream of opening their own Thai restaurant. They proudly told family and friends that money earned from the restaurant would be used to send their children to college. Cody's 13-year- old sister, Kat, dreamed of being a doctor.

Though both parents worked full time, they needed to supplement their incomes with additional work in order to afford to open a restaurant. On weekends, they would travel as a family to local fairs and festivals to cook and sell their Thai food. To warm their outdoor kitchen and the panel truck where they sometimes slept, they used a Coleman PowerMate propane heater. "Though they used the heater in a well ventilated area, they turned the heater off before closing the big truck's door and going to sleep. They never woke up," Campiche said.

Mari Daniel's husband and father were on a hunting trip. They died in their sleep after using the heater to warm their camper. According to Campiche, "There was a survivor in this case, so we know that they had windows open while the heater was in use, and they turned it off before the windows were closed. But they died anyway, because the design of those heaters is flawed."

"Seven people have died (five this year) in the small town of Packwood, Washington from CO poisoning from using the Coleman heaters. That statistic alone should tell you how dangerous the heaters are," Campiche stated.

Another lawsuit on behalf of two people (Daniel and Angie Smith) who also died in Packwood, Washington, from CO poisoning associated with Coleman heaters, recently settled. The terms of that settlement are confidential. Their attorney, Tom Bierlein (Seattle), also represents Mari Daniel.

"Death by carbon monoxide poisoning is an agonizing way to die," Bierlein stated. "Some people think that death by carbon monoxide is a peaceful, sleepy passing. It is not. It is torture."

Bierlein continued, "If Coleman won't do the right thing and recall its heaters, they should at least warn the public about the dangers."

Co-counsel Patrick Kang (Seattle) agrees. "Profits should not stand in the way of saving lives." Kang is co-legal counsel for the family of the hunters who died.

  For further information, contact:
  Jeffery Campiche  (Jeffery M. Campiche, Trial Attorneys)  (206) 281-9000
  Michael Blue (Law Offices of Michael E. Blue)  (206) 292-6730
  Tom Bierlein (The Bierlein Law Office)  (425) 557-0302
  Patrick J. Kang (Premier Law Group) (206) 285-1743