The death or injury of a child is a horrifically traumatic experience. That’s why manufacturers of play and sleeping devices intended for children must be held accountable for faulty design.
The last thing any parent wants to learn about is a device intended for their children is dangerous or even deadly. Our law firm is swiftly moving forward at holding the manufacturers of angled sleepers accountable.
Baby sleepers, bassinets, and inclined sleep accessories from different companies have been recalled from the consumer market. The danger that lies within these devices is the risk of babies rolling onto their side or backs while unrestrained and suffocating to death.
Kids II Inc. recalled the entirety of its Rocking Sleeper line due to this. Similarly, an urgent warning was issued by the Consumer Product Safety Commission there have been at least 30 infant deaths in association with the Fisher-Price Rock ‘N Play Sleeper since 2009.
Fisher-Price, a subsidiary of Mattel, has since issued a voluntary recall.
CBS This Morning Reports on Fisher-Price Rock ‘N Play Sleeper
Like so many of our clients, CBS This Morning published the following heartbreaking story highlighting one family’s devastation from the defective Fisher-Price Rock ‘N Play Sleeper and provides general information regarding the recall.
Timeline of the Rock ‘N Play Sleeper Recall
During the month of April, multiple investigative reports and announcements came from respected organizations on pediatric care, demanding the Rock ‘N Play sleeper be recalled from the consumer market.
Update: April 9, 2019
The American Academy of Pediatrics called on CPSC to issue a recall of the dangerous Rock ‘N Play Sleeper. Kyle Yasuda, M.D., FAAP, president of the American Academy of Pediatrics said in a statement:
“When parents purchase a product for their baby or child, many assume that if it’s being sold in a store, it must be safe to use. Tragically, that is not the case. There is convincing evidence that the Rock ‘n Play inclined sleeper puts infants’ lives at risk..”
The AAP announcement also included a statement from Rachel Moon, M.D., FAAP, chair of the AAP Task Force on Sudden Infant Death Syndrome (SIDS). “It does not meet the AAP’s recommendations for a safe sleep environment for any baby. Infants should always sleep on their back, on a separate, flat and firm sleep surface without any bumpers or bedding.”
Update: April 12, 2019
Fisher-Price finally recalled all 4.2 million Rock ‘N Play Sleepers.
Another reported issue with Fisher-Price sleepers is that the removable pad intended for the baby to sleep on can become moldy. This creates respiratory trouble for the child resulting in doctors visits, hospitalization, and potentially expensive medical treatment.
Fisher-Price offered a refund for those who purchased its recalled sleeper, but only within the last six months. For those who have owned it longer, the company will only issue a voucher for another product.
Nancy Cowles, executive director of Kids in Danger, said this deters families from taking action. “By not fully compensating consumers, Fisher-Price is assuring that many consumers will instead choose to keep the product,” she said.
Kids II Rocking Sleeper Recall – CPSC Acting Chair Urges Parents To Stop Using
Ann Marie Buerkle, Acting Chairman of the Consumer Product Safety Commission, issued a video announcement about the severity of the issue with the Kids II Rocking Sleepers. The video can be seen below.
Timeline of the Kids II Rocking Sleeper Recall
The Kids II Rocking Sleeper has been associated with at least 10 reported infant deaths for the same reasons as the Fisher-Price version. The risk is that babies can roll over on their side or stomach and suffocate to death.
There are two color versions of the product (see below)
Update April 26, 2019:
The company issued a recall of nearly 700,000 of its Rocking Sleepers.
The Rocking Sleepers product line was featured in major retailers nationwide from 2012 to 2019 after the recall was announced. Among those stores were Target, Toys “R” Us, and Walmart, as well as online retailers.
The Kids II Rocking Sleepers were sold under a plethora of names and brands, such as Ingenuity, Bright Starts, Disney Baby, or DreamComfort Brands. The Bright Starts and Disney Baby sleepers had already been discontinued prior to this recall and are not currently sold in stores.
For a comprehensive list of the names Rocking Sleepers were sold under, please visit our Kids II Rocking Sleeper page here.
Update June 27, 2019: Fisher-Price announced it would be recalling all inclined sleeper components of its Ultra-Lite Day & Night Play Yards due to the serious concern over inclined sleepers. About 71,000 units are expected to be recalled from the consumer market.
The inclined sleeper fits atop the portable play yard. It comes with a restraining system, as well as padded fabric. Thankfully, no injuries or fatalities have been reported with the Ultra-Lite play yard. However, if you or someone you know owns one, please stop using it immediately. The play yard, as well as the changing station and carry bag, are still safe to use.
For more information on this recall, including model numbers, please visit our Ultra-Lite Day & Night Play Yard Recall webpage here.
Update August 1, 2019 – Since June, there were other recalls put in place for angled sleeping devices. Boppy, the manufacturer of nursing pillows that act as a sleeping pad for infants, recalled its head and neck support accessory due to a suffocation hazard. The device was found to be “overstuffed” which can tilt an infants head too far forward.
Consumer Reports detailed the tragic death of a 3-month-old boy after he was found unconscious and not breathing while taking a nap in the Chicco Lullaby Dream Playard. Though Chicco has yet to issue a recall, it’s another warning for new parents to be weary of any inclined or angled sleeper.
On August 1, Dorel Juvenile Group (the maker of Disney and Eddie Bauer brand bassinets) issued a voluntary recall of its sleepers. Though there were no reports of death or injury linked to the bassinets, the recall indicates many companies are taking the dangers of inclined sleepers seriously.
Update October 31, 2019 – The CPSC announced that a new study confirms babies should sleep on recommended firm, flat surfaces.
The CPSC has so far received 1,108 incident reports related to inclined sleeping products that occurred between January 2005 and June 2019. Unfortunately this number includes 73 infant deaths.
The agency hired a mechanical engineer who specializes in biomechanics as an independent expert to conduct the study. Erin Mannen, Ph.D works in this area at the Medical Sciences division of the University of Arkansas.
Dr. Mannen conducted infant testing in order to evaluate the design of inclined sleeping products. They performed the study by measuring muscle movements and oxygen saturation with infants who were placed in a variety of products and positions; flat crib, inclined crib, and several other inclined sleep products.
None of the inclined products tested safe for infant sleep. The report concludes that products with inclines of 10 degrees or less, that are on flat and rigid surfaces, are most likely the safest for infant sleep. Additionally, plush-like sleeping surfaces pose a danger to infants.
Sudden Unexpected Infant Death (SUID)
SUID is the death of an infant less than 1 year of age that occurs suddenly and unexpectedly, and whose cause of death is not immediately obvious prior to investigation. Sudden infant death syndrome (SIDS), accidental suffocation and strangulation all fall under the larger category of SUID.
According to the Centers for Disease Control and Prevention, some 3,500 babies in the United States die suddenly and unexpectedly in their sleep each year. About half of sudden unexpected infant deaths are due to SIDS, the sudden death of an apparently healthy infant less than 1 year of age that remains unexplained after a thorough investigation.
Bare is Best
Safe to Sleep® is a public education campaign led by The Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD) of the National Institutes of Health (NIH) and in collaboration with other organizations.
Infant death is a terribly traumatizing experience for anyone to go through. We understand the sensitivity of this matter and urge you to take action immediately and at your own pace.
If you have recently lost a baby, we urge you to seek emotional support and help through whatever means is appropriate to your personal beliefs. There are many online support groups available specifically for parents and family members who have experienced SIDS or SUID loss. One such group is called First Candle.
Here is a direct link to a free brochure they published titled, “Surviving the Death of a Baby — Grief Resources From First Candle“.
Talk With a Product Liability Lawyer – Free Baby Sleeper Lawsuit Review
If you or a loved one has suffered a loss due to the Rock ‘N Play Sleeper, or any of the Kids II Rocking Sleeper models, you should speak with the lawyers at Johnson // Becker.
The product liability lawyers at our firm have handled similar lawsuits in the past, are currently representing a number of families devastated by these recalls, and would like to speak with you if you have suffered a tragic loss from this product.
We offer a Free Case Evaluation. Please contact us using the form below or by calling us at (800) 279-6386. We would be honored to speak with you and respond promptly to every inquiry we receive.