Class Action Lawsuits Filed Over Recalled Rock 'N Play Sleepers
Written by AskTheLawyers.com™ on behalf of Jan V. Hinson with Tilton & Tilton LLP.
In late June, Fisher-Price recalled 71,000 sleeper accessories for Ultra-Lite Day & Night Play Yards. This is the latest in a series of troubling stories connected to these sleepers, and many parents are fighting back with class action lawsuits.
Why Did Fisher Price Recall the Sleepers?
Evidence suggests that the sleepers may have been connected to 34 infant deaths and more than 100 injuries since the product launched in 2009. Fisher-Price has recalled all 4.7 million of its Rock ‘N Play Sleepers, and instructed parents to stop using the product. Canada also issued a recall for Rock ‘N Play Sleepers. The most recent lawsuit was filed in April 2019, joining another lawsuit filed for the same reason. The first was filed by a couple, the Mundys, against both Fisher Price and the parent company Mattel Inc., alleging “appalling and unconscionable misconduct.” The other was virtually identical in scale and severity. In the Mundys' case, they say that their 12-week-old infant died minutes after being placed in the sleeper. The suits claim that the product was falsely marketed as a safe place to lay your baby down to rest. The plaintiffs in both cases seek to create distinct classes in the event of future related lawsuits. One class would be designated for cases involving infants who were injured, and the second class would include consumers who purchased the sleeper, even if no injury occurred. The Consumer Product Safety Commission warned purchasers to stop using the product at three months old, or “as soon as an infant exhibits rollover capabilities.” However, given the potential danger to your infant, you should discontinue use now and find an alternative. The Sleeper can cause anything from asphyxiation to a “twisted neck” and “flat head” syndromes.
You Do Not Need a Recall to File a Product Liability Lawsuit
The tragic truth regarding product liability lawsuits is that people get hurt before they have been warned of a product’s dangers. Recalls often do not happen until after someone has been injured or killed by an unsafe product. For this reason, know that you do not have to wait for a recall to be issued before you are able to bring a product liability lawsuit against a negligent company. Simply consult an attorney and evaluate your options. If you suffer damages, such as lost wages or expensive medical bills, due to a defective product, you may be entitled to compensation. Written by AskTheLawyers.com™ on behalf of Michael Trauscht