On January 9, 2023, Fisher Price reissued a recall for all models of their Rock ‘n Play Sleepers, which had been previously recalled in 2019. According to the recall, number 23-088, multiple infant fatalities have occurred after infants have rolled from their back onto their stomach or side while unrestrained and under other circumstances. The recall affects about 4.7 million units of the sleepers.
As of mid-April 2019, when the original recall was issued, there had been over 30 infant fatalities associated with the infant sleepers. Since the recall, there have been an additional 70 infant fatalities reported; at least 8 of these fatalities occurred after the original recall was announced. Today, the Fisher-Price Rock ‘n Play Sleepers have been associated with about 100 infant deaths.
The sleepers were sold nationwide at Target, Walmart, and online via Amazon from September 2009 through April 2019 for prices ranging from $40 to $149. The company is urging all consumers who still use the recalled infant sleeper to contact them for a refund or voucher. According to the new recall, it is now illegal to sell or distribute the recalled baby sleepers.
It has been almost 4 years since the original recall. Although the product has not been available for sale for many years, the product remains in some homes and has even resulted in additional deaths. If your family has been affected by the dangerous infant sleepers, it is important that you seek legal assistance as soon as possible. Based on the details surrounding the incident and the harm that your child suffered, you could have the right to file a Rock ‘n Play Sleepers recall injury lawsuit or child wrongful death lawsuit. For more information about the legal options available to you, contact the experts here at our law firm today.
Here at the Normandie Law Firm, our lawyers have decades of experience handling all sorts of injury claims, including defective product claims. Our product liability lawyers are ready to take on your lawsuit and fight for your rights. You can trust that our attorneys are ready to handle your claim and fight for your rights. For more information about the legal options available to you, contact the experts here at our law firm today.
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Understanding the Dangers of the Recalled Baby Sleepers
As explained above, the deaths have occured after unrestrained infants rolled from their backs onto their stomachs and suffocated, as the material that the sleeper is made of is not breathable and the infants do not have the strength to roll onto their backs again. Although some may argue that the deaths would not have occurred if the infants were properly restrained, as they wouldn’t have been able to roll over in the first place, it is important to note that products intended for infants should never pose such a risk. There are many sleepers on the market that are made out of a mesh material that significantly reduces the risk of suffocation.
Although many of these incidents were fatal, some infants that have survived incidents involving these defective sleepers suffered significant harm. Non-fatal suffocation incidents can result in permanent brain damage ranging in severity from case to case.
Whether the incident resulted in injury or in death, it is important that you understand that you could have grounds to file a lawsuit against the product manufacturer and even the retailer that sold you the product. For more information about the legal options available to you and your family, contact the experts here at our firm today.
Can I File a Lawsuit?
Yes – if your infant suffered injuries or died as a result of the defective baby sleepers recalled by Fisher-Price, you could have the right to file a lawsuit. Your right to file a lawsuit is based on the concept of product liability, in which product manufacturers have a duty to ensure that all their products are completely safe for their consumers. Manufacturers have to ensure that all aspects of their product – including design, manufacturing, and labeling – are free of any hazards. When manufacturers fail to ensure that their products are completely safe, then they can be held accountable for any resulting harm.
Can I still file a lawsuit if my child’s death occurred years ago? In general, wrongful death claims are subject to a two-year statute of limitations, so you would have two years from the date of your child’s death to file a lawsuit. In cases where the cause of death was not confirmed immediately, then the discovery rule applies, so claimants would have two years after discovering the wrongful death to file a lawsuit.
If you are unsure of the legal options available to you, contact the experts here at our law firm as soon as possible. Our lawyers are ready to guide you every step of the way.
Steps to Take if I have a Defective Product Claim
If your child was injured by the defective sleepers, you might have many questions about the steps you should take. What should I do if my child was harmed? What should I do if I have a defective product claim? Without a doubt, it can be very difficult to figure out what to do after your child was harmed by a defective product. However, the steps you take immediately after the incident and in the months after are among the most important. Consider the recommended steps to take listed below:
- Seek medical attention as soon as possible
- Take photos of any visible injuries
- Immediately stop using the defective product
- Put the defective product in a safe place where it will not be disturbed (keep it in the same condition as it was when the incident occurred and never try to repair to product yourself)
- Contact the company to report the defect, the incident, and the resulting harm
- Never agree to return the product back to the company
- Never agree to a free repair
- Never agree to a refund or store credit
- Never agree to sign any documents sent by the company
- Collect video footage of the incident, if available
- Collect all relevant purchase records, including receipts, order confirmations, etc.
- Collect all relevant medical records
- Collect all relevant lost income records
- Seek legal assistance as soon as possible
If you are ever unsure of what to do next, simply reach out to a lawyer as soon as possible. One of our experienced baby sleeper recall experts can guide you along the way.
Can I File a Class Action Lawsuit?
Defective product cases often result in mass torts and class action claims. This is because many consumers are harmed in similar ways. You might have many questions, including the following:
- Do I have the right to file a class action lawsuit?
- Is there a class action lawsuit?
- How can I join or be a part of a class action lawsuit on this case?
In general, joining a class action lawsuit is quite simple. You simply need to reach out to a class action lawyer who can guide you every step of the way. Here at our law firm, our recall lawyers are experienced in class action lawsuits and can provide you with the guidance that you need to participate in a class action lawsuit and recover the settlement that you are owed.
How Long Do I Have to File a Lawsuit?
All claims are subject to a statute of limitations which determines the total length of time that claimants have to file their injury claims or wrongful death claims. In California, wrongful death claims are subject to a two-year statute of limitations – usually two years from the date of the death. If the discovery rule applies (that is, if the death is not confirmed to be wrongful until a later date), then the two-year statute of limitations starts running on the date of discovery not on the date of death. If the incident is not fatal, then claimants can file injury claims. Injury claims brought forth by parents of the victim are subject to a two-year statute of limitations. Survivors, however, have the right to file a lawsuit up to two years after turning eighteen years old. For more information about the total length of time that claimants have to file their cases, contact the experts here at our law firm immediately.
The Average Case Value of Defective Infant Sleeper Injury Cases
Unfortunately, infant sleepers are known to be dangerous, yet they remain a popular product. There are many different recalls involving other manufacturers besides Fisher-Price. What is the average case value associated with these injury cases and wrongful death cases? These cases can be worth anywhere from $300,000 to $5 million – depending on the specific circumstances surrounding the claim. This value typically consists of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Funeral and burial costs
- Punitive damages
- Legal fees
For more specific information surrounding the possible value of your case, contact the experts here at our law firm at your earliest convenience.
Contact Us Today
At the Normandie Law Firm, our product liability lawyers are 100% committed to handling your lawsuit effectively and helping you recover the highest settlement available for your claim. To make things as easy as possible for you and your family, our firm offers free case evaluations, which include free initial consultations and free second opinions. Whether you are looking to begin or continue your claim, you can trust that our lawyers will be available to provide you with all the information that you need to begin or continue your claim – and win. To benefit from these free legal services, contact us today.
Our Zero-Fee guarantee ensures that our claimants will never have to worry about paying upfront legal costs for our legal services. In addition, we work on a strict contingency structure; therefore, our clients will not be required to pay anything until after winning their claims. If you do not win, you will not be required to pay any legal costs at all.
If you are ready to speak with our expert attorneys, contact us today.
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