The Product Liability Attorneys of Montlick & Associates, Attorneys at Law serve clients nationwide for a variety of claims related to defective and dangerous products. Recently, it is unfortunately being reported that Fisher-Price Rock n' Play infant sleepers and other similar products have been linked to numerous reported infant deaths, but given the number of infant sleepers sold to families across the United States, there may be unreported infant deaths the public does not yet know about. Because of the alarming number of reported infant deaths, all Fisher-Price Rock ‘n Play infant sleepers have been recalled.
Whenever a product is recalled at such a massive scale, the Product Liability Attorneys of Montlick & Associates, Attorneys at Law has received thousands of inquiries over the years about potential legal claims associated with defective and dangerous products, and our lawyers are now investigating any claims pertaining to infant deaths or serious injuries associated with the Rock n' Play Sleepers manufactured by Fisher-Price, the Rocking Sleepers made by Kids II, and other similar products.
If you tragically lost an infant because of an Infant Sleeper such as the Fisher-Price Rock n' Play, our attorneys would like advise you of your legal rights and investigate whether we can help you obtain justice for your child. Call us nationwide 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also use our Free Case Evaluation Form or 24-hour live chat.
On April 5, 2019, Fisher Price, the manufacturer of the popular Rock ‘n Play infant sleeper, along with the Consumer Product Safety Commission (CPSC), issued a warning to consumers communicating known dangers associated with the infant sleepers and accidental suffocation. The warning specifically stated that infants are at risk of suffocating in the inclined infant sleeper if they are not strapped in, and only recommended the use of the infant sleepers up until three months or “as soon as an infant exhibits rollover capabilities.” It identified ten infant deaths that have been linked to Fisher-Price’s Rock ‘n Play infant sleepers since 2015, stating that in each of these cases, the babies were unrestrained and had rolled over.
However, an investigation conducted by Consumer Reports uncovered more than the ten child deaths cited in the April 5, 2019 warning. The investigation revealed that Fisher-Price’s Rock ‘n Play infant sleepers are linked to 32 infant deaths, raising concerns that even with warnings, the product is not safe for its intended use. Fisher-Price also confirmed that it is aware of these 32 deaths dating back to 2009, despite not including them in the warning this year.
Additionally, on April 9, 2019, the American Academy of Pediatrics requested that the CPSC recall all of Fisher-Price’s 4.7 million Rock ‘n Play sleepers sold to families across the United States. Facing extreme pressure, Fisher-Price finally issued a complete recall of all 4.7 million Rock ‘n Play infant sleepers on April 12, 2019.
Fisher-Price’s Rock ‘n Play infant sleeper is not the only product on the market linked to infant deaths. On April 11, 2019, Consumer Reports identified four infant deaths related to the Rocking Sleeper manufactured by Kids II. Both Consumer Reports and the American Academy of Pediatrics have called for both Kids II and the CPSC to issue a full recall of the Kids II Rocking Sleeper. Like the Rock ‘n Play, the Kids II product has an inclined design intended to allow infants to sleep and rock at the same time, posing the same concerns identified with the Rock ‘n Play.
More recently, the following infant sleepers have also been recalled:
Fisher-Price asserts that many of the infant deaths associated with the Rock ‘n Play infant sleeper relate to infants’ preexisting medical conditions and/or misuse of the product. The instructions for use, Fisher-Price argues, indicate that infants should be restrained to avoid rolling over and suffocating. However, the design of the Rock ‘n Play provides a sleeping environment that experts on Sudden Infant Death Syndrome ("SIDS") say is unsafe for infants regardless of whether an infant is restrained, especially when the sleeper rocks. According to the American Academy of Pediatrics, infants should never sleep at an incline, but rather, should sleep on a flat and firm surface. Unfortunately, Fisher-Price, Kids II and other manufacturers appear not to have adopted such a standard.
While parents and caregivers certainly have a responsibility to ensure they are following all instructions related to a particular product, following such warnings may not be enough to prevent injuries or death. The responsibility cannot fully rest on parents and caregivers. Manufacturers of products such as the Rock n' Play and other infant sleepers have the primary responsibility to ensure the products they design, manufacture, and sell, are free of defects.
Fisher-Price, Kids II, and other manufacturers of similar incline infant sleepers have a duty to know what SIDS experts and pediatricans recommend when it comes to a safe sleeping environment for infants. Even armed with such knowledge, these manufacturers may not have provided adequate warnings to free themselves from liability, blaming parents and caregivers for allegedly failing to follow instructions.
Under the law, if a company designs or manufactures a product that causes injury or death, they can and should be held liable for the damages associated with the use of the product.
Fortunately, in the United States, victims of defective products have an opportunity to hold manufacturers accountable by pursuing legal action. Parents of infants who have sustained injuries or deaths in rocking infant sleepers should contact Montlick & Associates to learn about their legal rights against manufacturers, such as Fisher-Price and Kids II, that designed these products that are reportedly dangerous.
All cases are unique, so each claim within a legal complaint may vary from client to client. However, because Fisher-Price has issued a massive recall of all 4.7 million Rock ‘n Play infant sleepers, and numerous infant deaths involving this product have similar facts, the allegations against Fisher Price, Kids II and other manufacturers may share similarities.
All states have laws that limit the amount of time an injured victim has to pursue legal action, and the time limitations on legal claims vary from state to state. In addition to actual deadlines, important evidence necessary for your case can disappear or become destroyed, and witnesses can go missing or forget what happened. Therefore, do not delay in seeking legal assistance, as you have a limited amount of time to pursue a claim.
The rights of plaintiffs to pursue wrongful death claims arising out of the use of a defective product, including the proper parties to bring a claim, are subject to the applicable law of a particular state, and the types of damages recovered can significantly vary from state-to-state as well. For example, some states allow wrongful death plaintiffs to pursue the full value of the life of the victim, while others allow for punitive damages. Often, families are also entitled to burial and funeral expenses, as well as medical expenses incurred, and pain and suffering endured by the deceased victim. Even the proper party to bring such a claim (or a combination of claims) can vary depending on the state where the incident occurred, where the product was sold, or even where it was manufacturers. Therefore, if you lost your baby and believe your tragedy occurred because of the use of an Infant Sleeper, such as the Rock n' Play, contact one of our Product Liability Attorneys to learn about your legal rights and options.
Since 1984, Montlick & Associates, Attorneys at Law has fought for the rights of injured victims and their families. We also know there is nothing more devastating than losing a child. No amount of money can ever fully compensate a family for such a tremendous and tragic loss. If your baby died because of the use of a Rocking Infant Sleeper manufactured by Fisher-Price, Kids II or other company, our Product Liability Lawyers offer a no obligation free consultation so that we can evaluate your legal rights and potential legal remedies, as well as the steps to protect those rights. We have a very large team of attorneys, affiliated co-counsel, support staff and paralegals who work hard on behalf of each and every client.
To schedule a free case evaluation to discuss your potential claim, contact Montlick & Associates, Attorneys at Law today by calling 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
*Dollars recovered are cumulative and not indicative of individual case results. Each case is unique. Results depend on the facts and applicable law.
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