When your child is harmed or injured by a dangerous infant sleeper or rocker in VA
Since their introduction nearly a decade ago, the Fisher-Price Rock ‘n Play sleeper and other inclined infant sleepers and rockers have become extremely popular. These reclining-type rockers are marketed to help promote sleep for babies and infants in a sling-shaped cradle at an approximate 30-degree angle.
Since the Rock ‘n Play sleeper’s introduction in 2009, the United States Consumer Product Safety Commission (CPSC) has reported over 30 infant deaths after children rolled over unrestrained or other related circumstances. Although Fisher-Price eventually recalled the product in 2019, this action came much too late for many families. Further, similar products remain on the market and in people’s homes.
At Phelan Petty, our Richmond children’s defective products lawyers give a voice to your child when they are harmed through the negligence of a company or manufacturer. We fight for compensation for your losses and work to ensure no other families go through the same experience. Call us today.
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What is the Fisher-Price Rock ‘n Play recall?
According to the CPSC, between 2009 and 2019, Fisher-Price sold approximately 4.7 million Rock ‘n Play sleepers. They performed a voluntary recall on the product on April 12, 2019, a full week after the CPSC issued their own safety alert. Following is a timeline of how the recall occurred:
- April 5, 2019 – The CPSC issues a safety alert regarding 10 reported infant fatalities related to the Rock ‘n Play, beginning in 2015.
- April 9, 2019 – The American Academy of Pediatrics urges the CPSC to recall the Rock ‘n Play, calling it “deadly.”
- April 12, 2019 – Consumer Reports issues a bombshell investigation uncovering a much longer list of infant deaths. On the same day, the CPSC updates the fatality number from Rock ‘n Plays to over thirty.
- April 12, 2019 – Fisher-Price recalls their infant sleepers with the statement, “we continue to stand by the safety of all of our products.”
All 4.7 million Fisher-Price rockers are subject to this recall.
What other sleepers and rockers have been recalled?
Parents and consumers should note that the Fisher-Price sleepers are not the only recalled brands. Other similar products have also been subject to recalls:
- Kids II Rocking Sleepers (2019)
- Graco Little Lounger Rocking Seat (2020)
- Delta Incline Sleeper & Simmons Beautyrest Baby Sleeper (2020)
- Evenflo Pillo Portable Napper Inclined Baby Sleeper (2020)
- Summer Infant SwaddleMe By Your Bed Baby Sleeper (2020)
- Kolcraft Cuddle ‘n Care Bassinet (2020)
This is by no means a current or complete list and you can stay updated on recalls on the CPSC website. The product liability attorneys at Phelan Petty can answer any questions you have regarding these rockers, sleepers and bassinets, as well as any other brands you may have in your home.
Why is it dangerous for babies to sleep at an incline?
The American Academy of Pediatrics (AAP) has been warning for years that inclined sleepers are unsafe, recommending as far back as 2016 that a “safe sleep environment include supine positioning, use of a firm sleep surface, room-sharing without bed-sharing, and avoidance of soft bedding and overheating.” The “supine position” means lying horizontally with the face and torso facing up.
A 2019 open letter from Consumer Reports to retailers explained the risks of infants sleeping at an incline. Citing a study from agency-commissioned biomechanical research led by Erin M. Mannen, Ph.D. into the dangers associated with infant inclined sleep products, they urged companies to recall all their infant sleepers with an inclined back surface.
Sleeping at an inclined surface in these types of rockers can increase the risk of neck injuries, head injuries, asphyxiation, suffocation, accidental or wrongful death in infants.
The Mannen Study analyzed CPSC reports of 1,108 incidents (including 73 infant deaths) related to inclined sleeping products from January 2005 to January 2019. Dr. Mannen conducted infant testing to evaluate the design of various products, measuring their muscle movements and oxygen saturation while in flat cribs, inclined cribs, and different inclined sleepers. She and her team found not a single product was safe for infant sleep, and only products with an incline of 10 degrees or less are likely safe for sleep.
What should I do if I currently have an infant sleeper or Rock ‘n Play?
The CPSC cautions parents and consumers to stop using infant sleep products with inclined seat backs of more than 10 degrees. Their guidelines also include:
- Do not use infant car seats, bouncers, or other types of infant inclined products for sleep, and follow all manufacturer instructions.
- Follow safe sleep advice. They recommend “Bare is Best,” which means not adding blankets, pillows, or other items to your baby’s sleep environment. This also includes “Back to Sleep,” which means always placing babies on their backs on a firm, flat surface.
- Check cpsc.gov often for nursery product recalls. If a product is recalled, you will find instructions for refund, replacement, or repair. If you have previously registered your product with the manufacturer, they should contact you directly in the event of a recall.
My child was harmed by a Rock ‘n Play
If your baby was injured or died due to injuries from a Rock ‘n Play or other type of inclined sleeper, you deserve justice and compensation. Any type of injury or fatality to a child is an unspeakable tragedy, and when it happens due to corporate negligence, the manufacturer must be held responsible. Fisher-Price takes no responsibility for the injuries and deaths resulting from its product, instead diverting blame onto the parents who have lost their children.
If your child was injured or killed from a Rock ‘n Play or other inclined infant sleeper, do not throw away the sleeper, alter it in any way, or give it to anyone. You will need it for evidence in the event of a lawsuit. Do not return it to the manufacturer or store where it was purchased after an injury.
The product liability attorneys at Phelan Petty provide experienced legal guidance on your options on how to move forward and how to hold these types of companies liable for their corporate negligence
What compensation can I pursue for my child?
If your child suffered serious injury from an inclined sleeper, you may be able to pursue financial compensation for losses and damages. Nothing can undo an injury or death of a child, but a lawsuit helps with financial bills sustained in the accident, as well as send a message to the negligent company. Families can pursue compensation for losses including:
- Current and future medical expenses
- Pain and suffering
- Permanent disability
- Deformities or scarring
- Costs related to development delays
- Future loss of earning capacity
In the worst cases where the loss of a child occurs, parents may also have the right to file a wrongful death claim. Punitive damages are also available in cases where the court finds a company or manufacturer acted with gross negligence.
Infant sleeper injury lawyers in Richmond, VA
The Fisher-Price Rock ‘n Play infant sleeper recall came much too late for too many parents whose babies lost their lives from inclined sleepers. The children’s product liability attorneys at Phelan Petty are ready to fight back against corporate negligence and stand up for your child’s and your family’s rights. If your child was harmed by an infant sleeper or rocker, we can help. To schedule a free consultation, please call 804-980-7100 or fill out the contact form. Our offices are located near I-64 and Route 250 in Richmond.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.