Parents trust baby sleepers and other products to be safe and reliable for their children. Unfortunately, some products fail to meet essential safety standards, resulting in devastating injuries and even fatalities. In recent years, several baby items, including popular baby sleepers, have been recalled due to serious safety concerns.
Following these recalls and the news of dozens of injuries and fatalities, the U.S. Consumer Product Safety Commission (CPSC) staff recommended that parents immediately stop using inclined baby sleepers or inserts.
If your child or the child of a loved one suffered a catastrophic injury or death in a baby sleeper or any other baby product such as a crib, bassinet, baby sling, or playpen, you should contact the lawyers at Kline & Specter. The firm has more than 50 attorneys, including five who are also highly skilled medical doctors — the most in the United States — and two OB-GYNs.
Our law firm has achieved record results in product liability lawsuits against major manufacturers and has already filed a dozen lawsuits against the makers of inclined baby sleepers. We handle litigation in Pennsylvania, New Jersey, New York, Delaware, and nationwide. We also provide free case evaluations.
Fisher Price, Graco, and Kids II Recall Timeline
This timeline breaks down some of the recent product recalls from major baby brands:
- April 2019: Kids II recalled all models of its Rocking Sleepers after reports linked the products to multiple infant fatalities. This marked a significant step in addressing the dangers of inclined baby sleepers.
- December 2020: Graco recalled approximately 51,000 inclined sleepers due to safety concerns and the potential risk of infant injuries or fatalities. The list of recalled sleepers includes: Graco Pack 'n Play Day2Dream Playard with Bedside Sleeper, Graco Pack 'n Play Nuzzle Nest Playard, Graco Pack 'n Play Everest Playard, and Graco Pack 'n Play Rock 'n Grow Playard.
- June 2021: Fisher-Price recalled two additional products, the 4-in-1 Rock 'n Glide Soothers and 2-in-1 Soothe 'n Play Gliders, following reports that these products were associated with multiple infant deaths.
- January 2023: The Fisher-Price Rock 'n Play Sleepers, which had been linked to dozens of infant fatalities over the years, were officially recalled, reinforcing the urgency of addressing unsafe baby products on the market.
History of Infant Product Recalls
The product recalls discussed above are just the latest examples of items designed for babies presenting potential hazards. Many other baby items, such as cribs, bassinets, high chairs, strollers, and baby slings, have proven risky for years. The CPSC also has a long history of recalling these items.
- March 2005: The agency announced in 2005 that it was fining Graco $4 million – at the time, the largest fine ever imposed by the commission – over Graco's failure to report the injuries, including several deaths, promptly. The fine was part of a settlement between the commission and Graco. Sixteen different products were involved, more than 12 million of which were sold by Graco and under the Century brand name, which was acquired by Graco in 1998.
- December 2005: In December 2005, Simplicity recalled 104,000 Aspen 3-in-1 cribs bearing the Graco logo. Simplicity made products for Graco until a licensing agreement expired on December 31, 2005).
- June 2007: In June 2007, Simplicity recalled 40,000 Nursery in a Box cribs. Hundreds of injuries also occurred involving infant swings, high chairs, strollers, and other products sold by Graco, according to the CPSC.
- August 2008: The CPSC also sought the recall of another product — 900,000 bassinets made by Simplicity following the deaths of two infants. The bassinet safety alert issued by the CPSC involved 3-in-1 and 4-in-1 convertible "close-sleeper/bedside sleeper" bassinets. The agency said that if a Velcro strap was not properly secured when the bassinets were converted to sleepers, a baby could slip through an opening in the bassinet's metal bars and suffocate. It also noted that the unit's metal bars were spaced farther apart than the specified federal crib safety standards.
- October 2008: Some 985,000 cribs were pulled from the market by Delta Enterprise Corp. because of a similar problem and another fatality.
- July 2009: Another recall of 400,000 cribs made by Simplicity Inc. was announced after the death of an eight-month-old baby who suffocated when the drop side part of the crib detached.
- November 2009: More than 2.1 million drop-side baby cribs made by Stork Craft Manufacturing and some bearing the Fisher-Price logo were recalled after four reported deaths.
Research also backs the risks associated with baby sleep products. A national study found that nearly 10,000 infants and toddlers annually – or 26 each day — suffer injuries in products in sleep products like cribs and playpens.
A number of injuries have involved drop-side cribs with side rails that move up and down, too. The rails can become partially detached, creating a gap between the mattress and the rail where infants can get stuck and suffocate. As a result, millions of drop-side cribs have been recalled (see story).
Legal Process for Filing an Infant Product Liability Lawsuit
Filing an infant product liability lawsuit can be complex and emotionally challenging. However, a skilled attorney – like those at Kline & Specter – will handle the legal details so you can focus on your family's well-being.
Understanding the legal process can help you seek justice and compensation for your family's suffering. Here is a breakdown of the stages you'll go through.
Consultation with an Experienced Attorney
The first step in filing a lawsuit is consulting with an experienced product liability attorney. During this initial consultation, your lawyer will evaluate the details of your case, including:
- The nature of the injury
- The product involved
- Evidence supporting your claim
They will explain your legal rights and determine whether you have a strong case for product liability.
Investigation and Evidence Collection
Once they're hired, your attorney will begin investigating your claim. This step typically involves gathering evidence, such as:
- Medical records
- Receipts or proof of purchase
- Photographs of the product
- Documentation of the injuries sustained
Your attorney may also collect reports of similar incidents involving the same product, recall notices, or regulatory findings from agencies like the Consumer Product Safety Commission.
Identifying Responsible Parties
A key aspect of a product liability lawsuit is identifying the parties responsible for the defective product. This can include:
- The manufacturer
- The distributor
- Retailers
- Any other entity involved in designing or marketing the product
Your attorney will determine who may be liable for the harm caused by the unsafe infant sleeper and include them as defendants in the lawsuit.
Filing the Lawsuit
After completing the investigation, your attorney will draft and file a complaint with the court. The complaint outlines:
- The legal basis for your claim
- The damages you are seeking
- The evidence supporting your case
Once filed, the defendants will be notified and required to respond.
Discovery and Pre-Trial Proceedings
Both sides exchange evidence and information relevant to the case during the discovery phase. This step may include:
- Depositions
- Expert testimony
- Interrogatories
Your attorney may work with medical experts, engineers, or other specialists to strengthen your case. The case will proceed to trial if it does not settle during the pre-trial negotiations.
Trial and Resolution
At trial, your attorney will introduce evidence and make arguments to prove that the product was defective and that the defect caused your child's injuries. The defendants will also present their case.
After both sides have presented their cases, the jury will decide whether to award compensation and, if so, how much. Compensation may include:
- Medical expenses
- Pain and suffering
- Other damages resulting from the product's harm
Discuss Your Case Today
If your child suffered a severe injury or death as a result of using a Fisher-Price Sleeper, call us at 215-772-1000 or submit our online form.
Kline & Specter provides free and confidential evaluations of potential cases. We have offices in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, we work with local attorneys as appropriate.