Parents have the right to trust that when they buy a baby sleeper, their infant will sleep comfortably and wake up from their nap or sleep to enjoy the day. Parents also have the right to hold the manufacturers of these sleepers accountable for any deaths or harm that results from a defective baby sleeper – even if the manufacturer wasn’t at fault in the way it manufactured the sleeper.
A recent lawsuit filed in the US District Court for the Central District of California sought class action approval against Newell Brands DTC Inc. and Graco Children’s Products for the production of defective baby sleepers. According to Legal News Wire, the lawsuit claims:
By positioning an infant at an incline between 10 and 30 degrees, the inclined sleepers significantly increase the risk that the infant’s head will slip into a dangerous position, tilt to constrict the windpipe and/or cause the infant’s face to become pressed against the padded fabric in the lounge and block airflow, which the infant may be unable to correct. This increases the risk of death by asphyxiation.
The lawsuit claims that the manufacturers of these infant sleepers were warned about the dangers of their products back in April 2019. The warnings were made by consumer safety groups and the American Academy of Pediatrics. According to the lawsuit, Newell Brands recalled 110,000 Little Lounger sleepers.
Product liability litigation of defective baby sleepers
The products liability lawsuit is not the first class action lawsuit brought against the manufacturers of defective baby sleepers. For example, ABC News reported in April 2019, that a class action lawsuit was filed against Fisher Price and Mattel for their defective baby sleeper – the Rock N’ Play baby sleeper. The Rock N’ Play lawsuit claimed that the marketing was “dangerously false and misleading” because the product was “not safe for all-night or prolonged sleep for infants.” The Rock N’ Play sleeper was recalled after 30 infants died while using the sleeper.
Manufacturers, distributors, and retailers of baby products and any other products can be held strictly liable if their products are defective and the defect causes your newborn physical harm. Products are normally defective because of improper design, improper workmanship, or defective marketing and instructions.
When one brand of a product such as a baby sleeper is defective, then everyone who uses that brand may be harmed or may see a loved one harmed or even killed. When multiple people, such as newborns, suffocate because of the defect, a class action lawsuit may be filed to ensure that the voices of the victims are heard, and to ensure that no other parents ever suffer such a loss.
At Plattner Verderame, P.C., our experienced Phoenix product liability attorneys work with product safety experts to show that products such as baby sleepers are defective. If you have suffered the ultimate loss, we can help you with a wrongful death claim. All three of our partners are certified by the Arizona State Bar as specialists in both Personal Injury and Wrongful Death litigation, ensuring that we have the skills and the resources to help you seek justice.
Plattner Verderame, P.C. fights for families throughout Arizona. We offer you an honest assessment, and help you find the right path forward. To schedule a consultation, call us in Phoenix at 602.266.2002 or complete our contact form.
I have been active in leadership in the Arizona Association for Justice (lawyers who represent injured folks, and formerly known as the Arizona Trial Lawyers Association) since 1985. I served as President in 1991. I was an active participant in battles to protect the Arizona Constitution from the insurance industry and big business interests in 1986, 1990 and 1994.
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