St. Louis, MO
Home ► Defective Product Lawsuit and Product Liability Law ► Baby Sleeper Recall Lawsuit | Infant Inclined Sleeper Lawsuit
Graco Recalls Pack ‘n Play Sleepers Due to Suffocation Risk
December 17, 2020 - On December 16, Graco announced a safety recall for around 51,000 inclined sleeper accessories for certain Pack ‘n Plays.
No injuries or deaths have been reported from their specific device, but Graco’s recalled inclined sleepers are very similar to other extremely dangerous products. Since 2005, at least 92 infants have suffocated to death in inclined sleepers and more than 1,000 babies have been injured or nearly died, according to Consumer Reports.
The Recall involves the following Pack ‘n Play Products:
Graco is offering cash refunds from $45 to $70 for the accessories.
More than 6 million inclined sleepers have been recalled since 2019, sparked by dozens of deaths in the Fisher-Price Rock ‘n Play. Several retailers like Amazon, Buy Buy Baby, and Walmart have banned sales of these products due to the unacceptable risk of death.
Nationwide, baby sleepers and infant inclined sleepers manufacturers have issued recalls of their products. These recalls came in response to numerous infant injuries and deaths from product design flaws and malfunctions. Consumer product and protection agencies have issued urgent safety warnings to families, cautioning that these devices present the risk of babies rolling onto their backs or sides which can lead to serious injuries or suffocating to death. Dealing with the death or serious injury of your child is a traumatic experience. No family should have to suffer because of a flawed or defective product that was advertised as safe for infants. Manufacturers of these sleeper products must be held accountable for their mistakes. TorHoerman Law fights for families who have been affected by baby sleeper recalls. If you or a loved one suffered because of a haphazard infant incline sleep device, contact us to learn more about your potential baby sleeper recall lawsuit or infant inclined sleeper lawsuit.
Researchers have concluded that the design of popular infant incline sleepers can cause death and serious injury. These once-popular products include baby sleepers, newborn inclined sleeper accessories, and infant bassinets that are designed to have infants sleep at an incline between 10 to 30 degrees. These researchers’ studies have unfortunately been validated, with cases of infants dying of suffocation while in inclined sleepers. Many of these products have been recalled, and families nationwide have been filing baby sleeper recall lawsuits.
No. Infant incline sleepers are not safe. In October of 2019, the Consumer Product Safety Commission (CPSC) conducted an independent study of the most popular inclined infant sleep products. The agency concluded:
”None of the inclined sleep products that were tested and evaluated as a part of this study are safe for infant sleep”
CPSC members further proposed that all infant incline sleepers be removed from the market, with recommendations that no baby sleeper products have a back angle over 10 degrees.
The American Academy of Pediatrics (AAP) stated:
”There is no such thing as a safe infant inclined sleeper, a product that typically positions an infant at an incline of up to 30 degrees and usually has design elements such as a rounded sleep surface and plush side padding”
The AAP provided recommendations that infants should sleep on their backs and alone on firm, flat surfaces devoid of padding, bumpers, and other excess bedding.
CPSC conducted infant incline sleeper studies because of the concerning number of injuries and deaths tied to the products. Researchers carefully monitored infants of ages two months to six months old and tracked their movements and oxygen levels while they were in inclined sleepers. The study found that incline sleepers allowed babies to roll over more easily to their stomachs, and when this happened, they exerted approximately 250 percent more abdominal muscle movement, and their oxygen levels dropped twice as much. The study concluded that a 20-degree or higher incline puts infants at risk of suffocation and muscular fatigue, while a surface of 10-degrees or less offers the safest infant sleep environment.
According to data from the Consumer Product Safety Committee (CPSC), at least 92 infant deaths have been linked to infant incline sleepers. Lawmakers and the CPSC have proposed banning all infant inclined sleepers, but many of these products remain on the market. The products position infants at an angle between 10 to 30 degrees, an incline that can cause suffocation and restricted airways.
The CPSC conducted studies to better understand infant incline sleeper deaths. The study found that infant inclined sleepers’ designs make it more likely that babies roll onto their stomachs. When this happens, infants exert excess energy and their oxygen levels drop twice as much. The studies found that the babies exhaust themselves and suffocate trying to reposition their bodies and heads in an attempt to breathe. The research is consistent with incident reports from parents; many reported that their infants had never rolled over before but were found dead and on their stomachs while using an inclined sleeper.
Infant sleep-related deaths are fairly common. According to the Centers for Disease Control and Prevention, an estimated 3,600 babies under the age of one die in their sleep every year. Researchers classify these fatalities as sudden unexpected infant deaths (SUID). Nearly 25 percent of these deaths are attributed to accidental suffocation or strangulation in bed. 38 percent are classified as sudden infant death syndrome (SIDS), where no identifiable cause of death was found during autopsy or investigation. The remaining deaths are labeled unknown or undetermined, meaning there was not an investigation or there was not enough information available.
According to the US Consumer Product Safety Commission, the agency and four different companies have recalled over 165,000 infant incline sleepers because of suffocation risks. The CPSC reported that Summer Infant, Delta Enterprises Corp, Evenflo, and Graco were impacted by the baby sleeper recall. The CPSC urged consumers to stop using the recalled products and to contact the specific companies for refunds.
According to the January 2020 report, the following infant incline sleepers have been recalled:
These products were sold nationwide through various retail stores and online merchant websites including Amazon, Wal-Mart, and Target. At the time of the report, no injuries or deaths were reported with the recall. In 2019, CPSC recalled Fisher-Price’s Rock ‘n Play Sleepers after the sleeper was linked to over 30 infant deaths in 10 years.
There are numerous other dangerous baby sleepers and inclined infant sleepers that are still on the market and/or have yet to be recalled.
Infant inclined sleepers are inherently flawed by design. The products are designed to have infants sleep at an unsafe incline from 10 to 30 degrees. According to the American Academy of Pediatrics, these products increase the possibility of suffocation and airway compression. These sleepers’ designs run counter to recommendations made by the AAP, the Centers for Disease Control and Prevention, the National Institutes of Health, and the Federal Maternal Child Health Bureau. Each of these organizations recommends infants sleep on their backs alone and unrestrained on a flat, firm surface devoid of bumpers and additional soft bedding.
If you or a loved one suffered from an infant’s injury or death because of a defective baby sleeper or infant inclined sleeper, you don’t have to fight your legal and financial battles on your own. Filing a Baby Sleeper Recall Lawsuit or Infant Inclined Sleeper Lawsuit will help you gain proper compensation for your damages. Before taking action, make sure you know the proper steps in filing a case.
The first step — and one of the most important steps — is to mitigate the child’s injuries. Mitigation involves immediately seeking proper medical experts’ diagnosis, care, and treatment. This is crucial for both you and your child’s health and the strength of your potential lawsuit.
After you have properly mitigated injuries, you should then begin the process of hiring a personal injury lawyer to represent you in your baby sleeper recall lawsuit or infant inclined sleeper lawsuit. Your state’s statute of limitations bars the amount of time you have to take legal action after an injury has occurred, so you should not hesitate to begin this process as soon as you are able to
Once you have hired an infant injury lawyer, you should take some time to familiarize yourself with the steps of civil litigation, so that you are aware of the process of an infant inclined sleeper lawsuit.
It’s also necessary you gather evidence including any relevant documents, bills, records, and photos. After gathering evidence and mitigating injuries, it’s time to seek out legal aid and hire an experienced personal injury attorney.
Your infant inclined sleeper injury lawyer will also assess your personal damages that were caused due to the incident. In many defective product lawsuits such as these, the affected party will choose to file both compensatory damages and punitive damages against the party who holds liability for the injuries; in this case, the manufacturers.
TorHoerman Law specializes in a variety of product liability lawsuits, defective product lawsuits, and personal injury lawsuits. We will help you navigate the legal system and build the best Baby Sleeper Recall case possible. We offer free, zero-obligation case consultations for all of our potential infant inclined sleeper lawsuit clients. We also work on a contingency fee basis, meaning we won’t charge you until you receive proper compensation for your damages. Contact a personal injury lawyer at TorHoerman today to learn about your legal options and potential Baby Sleeper Recall / Infant Inclined Sleeper Lawsuit.
July 2, 2020 - More than 5 million infant inclined sleepers, such as the Fisher-Price Rock ‘n Play Sleeper and Kids II inclined sleepers. These products have been linked to at least 92 infant fatalities, according to an ongoing Consumer Reports investigation.
Multiple manufacturers have since pulled the dangerous products off their shelves and an independent study proved that infant inclined sleepers increase the risk of suffocation and death.
Sears and Kmart are the latest retailers to join the growing list of other major retailers that have committed to ban infant inclined products promoted for sleep.
The Consumer Product Safety Commission commended the retailers when they made this decision.
Acting CPSC chairman Bob Adler previously said, “I applaud Amazon, Buy Buy Baby, eBay, and Walmart for their decision to help protect our most vulnerable population by removing infant inclined sleep products from their product listings….Their actions will save children’s lives.”
The products position babies at an angle between 10 and 30 degrees, and typically have padded sidewalls and headrests, go against the AAP’s safe sleep recommendations.
Online marketplaces Craiglist and Facebook Marketplace have yet to enact policies or safeguards that would prevent users from selling infant inclined sleepers secondhand.
“The failure of these manufacturers to recall their inclined sleep products leaves consumers in the dark and their babies at risk,” says Oriene Shin, CR’s policy counsel for product safety. “Parents who bought the items when they were clearly marketed for infant sleep or naps may still be using them for these purposes or may have given or sold the products to other parents and characterized them as sleepers.
The U.S. House of Representatives passed the Safe Sleep for Babies Act to ban infant inclined sleepers and crib bumpers, and the legislation is awaiting a vote by the U.S. Senate.
Until the rules are finalized, it is up to individual companies to act.
“Consumer Reports commends the companies that are stepping up to help parents keep their babies safe,” says CR’s Shin
Jackson, Amanda. “Four Companies Have Recalled More than 165,000 Infant Incline Sleepers Due to Suffocation Risk.” CNN, Cable News Network, 30 Jan. 2020, www.cnn.com/2020/01/29/health/infant-incline-sleeper-recall-trnd/index.html.
Peachman, Rachel Rabkin. “All Infant Inclined Sleep Products Should Be Recalled, Consumer Reports Says.” Consumer Reports, www.consumerreports.org/child-safety/all-infant-inclined-sleep-products-should-be-recalled-consumer-reports-says/.
Peachman, Rachel Rabkin. “Inclined Sleeper Deaths Rise to 50 as Industry Continues to Sell the Products.” Consumer Reports, www.consumerreports.org/child-safety/inclined-sleeper-deaths-rise-to-50-as-industry-continues-to-sell-the-products/.
Peachman, Rachel Rabkin. “New Evidence Shows More Infant Deaths Tied to Inclined Sleepers Than Previously Reported.” Consumer Reports, www.consumerreports.org/child-safety/new-evidence-shows-more-infant-deaths-tied-to-inclined-sleepers-than-previously-reported/.
Peachman, R. (n.d.). Craigslist and Facebook Marketplace Still List Infant Inclined Sleepers. Retrieved July 29, 2020, from https://www.consumerreports.org/product-safety/craigslist-and-facebook-marketplace-still-list-infant-inclined-sleepers/
“Safe Sleep – Cribs and Infant Products.” CPSC.gov, 17 Mar. 2020, www.cpsc.gov/SafeSleep.
Last Modified: February 17th, 2021 @ 09:27 am
© 2019 TorHoerman Law LLC.
The contents of this webpage have been prepared by TorHoerman Law, LLC for informational purposes only. None of this information is intended as either legal or medical advice or opinions. No attorney/client relationship is established with use of this website. Sending or receiving information through this site, posting to our blogs/news site does not establish an attorney/client relationship. An attorney/client relationship with TorHoerman Law is established only by an express and written agreement by TorHoerman Law to represent you. Our attorneys make a case-by-case assessment of any claims and results may vary depending on the facts concerning any case. The attorneys at TorHoerman Law are licensed to practice in Illinois, Missouri, and California. In some circumstances, cases may be sent to other qualified lawyers. In those circumstances, TorHoerman Law maintains joint responsibility.