Baby Sleeper Recall Lawsuits
Many parents rely heavily on inclined baby sleepers to get their infants to sleep. Families report that these products soothed their fussy babies so much that they slept for several uninterrupted hours. However, the use of these products has sadly been linked to several cases of infant injuries and deaths. Because they are so dangerous, the United States Consumer Product Safety Commission (CPSC) has recalled some of these products, such as the Fisher Price Rock n Play, several models of the Kids II rocking sleepers, and the Boppy Newborn Lounger.
Unfortunately, these recalls came too late for some families. If your baby suffered a serious injury or lost their life while using a sleeper device, your family might be eligible to join one of the baby sleeper recall lawsuits currently active, where you could potentially obtain financial damages for your devastating loss. It is important to hold these companies accountable so that this tragedy does not happen to any other family.
Dangers Posed by Inclined Baby Sleepers
Inclined infant sleepers are dangerous for babies because they pose a substantial risk of smothering or asphyxiation. Since 1992, the American Academy of Pediatrics has recommended that caretakers place infants and newborns to sleep on their backs on flat, firm surfaces. The entire concept of an inclined sleeper goes against this recommendation because it allows an unsupervised baby to sleep in a prone position.
Inclined sleepers have soft bedding, so if an infant rolls over, they could suffocate. In addition to posing a risk of suffocation in the bedding, sleepers with an incline of more than 10 degrees, like the Fisher Price Rock n Play, also pose the risk of positional asphyxiation, sudden infant death syndrome, flat head syndrome, and twisted neck syndrome.
Boppy Newborn Loungers posed similar risks: because they are soft pillows, they can cause babies to suffocate. Babies can roll or somehow move into positions on the loungers that interfere with their breathing. In addition, they can roll off the loungers onto other soft surfaces, which could constrict their breathing.
Eligible Parties to Baby Sleeper Lawsuits
A dedicated attorney could help a family determine whether to pursue legal action against the baby sleeper manufacturers. Eligible families must prove they owned an inclined baby sleeper, had an infant under one year old who suffered an injury in the baby sleeper, and that the child’s injury required medical care or caused them to lose their life.
Factors That Could Contribute to the Success of a Legal Claim
When taking on a case like this, a lawyer will ask the claimant numerous questions in order to get a better picture of their situation and likelihood for success. In a legal claim against a baby sleeper manufacturer, there are many factors that courts could take into consideration, such as the following:
- Did the child’s caretaker place them into the sleeper properly?
- How was the child found in the sleeper? (Babies can suffocate if they roll over face down on the padding, if the incline causes their chin to go down to their chest, or if the baby’s head turns to the side of the sleeper, forcing them to rebreathe their own air.)
- Was anything, on or under the child, such as a blanket or a toy, causing a greater incline?
- Was anything, such as a blanket, covering the child’s face?
- Was the baby otherwise healthy?
- Could the baby roll on their own?
- If a baby died, what was the cause of their death?
- How old was the child? (Cases involving younger infants are often stronger.)
- How long was the baby in the device?
- Did the caretaker restrain the baby in the device?
- Does the family still have the sleeper?
- Although these factors do not guarantee the likelihood of success or failure of a legal claim, the answers to these questions could make a difference.
Call an Attorney for Help Regarding Baby Sleeper Recall Claims
If your child suffered a grievous injury or lost their life in a defective device, your family might be able to pursue damages in one of the baby sleeper recall lawsuits. While a financial judgment cannot undo the harm and the heartache, a successful lawsuit could hold the responsible parties accountable and bring justice. Call today to see how the legal team could be of assistance.