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Rock ‘N Play Sleeper Lawsuit: Shattering Safe Sleep Illusions

by | Nov 2, 2024 | Product liability

Most parents desire for their infant to sleep well and comfortably. Babies need adequate sleep since it supports their mood and overall health as well as the growth of their brain and body. After all, if your baby sleeps soundly, so will you probably!

Achieving your family’s sleep goals can be challenging, but many items on the market claim to help you and your baby have a great sleep. Bouncers, swings, inclined sleepers like rock ‘n play sleepers, and jumpers are just a few of the devices on the market made specifically to calm babies.

Manufacturers of baby sleepers and infant-inclined sleepers have recalled their products nationwide. Many infant deaths and injuries caused by product failures and design faults prompted these recalls. Even after being recalled, inclined sleepers are still in the news!

Join us as we delve into the intricate layers of the Fisher Price Rock ‘n Play lawsuit, a legal battle that signals a transformative moment in the realm of childcare products.

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Are Rock ‘N Plays Safe?

Since the 1990s, the United States has sold about 17 million infant rock ‘n play sleepers. From September 2009 until April 2019, the sleepers were offered for sale at significant retailers nationwide, including Walmart, Target, and online at Amazon.

The Fisher-Price rock ‘n play infant sleeper immediately gained cult status among exhausted parents after it was released in 2009. The sleeper’s “nest-like” comfort, incline resting position, and automatic rocking feature gained notoriety for their ability to put babies to sleep more quickly and for extended periods.

The majority of parents believed that the product was secure and that their child would sleep soundly in it. They have no reason to suspect a Fisher-Price Company product sold at one of the biggest shops in the country would endanger a child.

Although the American Academy of Pediatrics deemed the Fisher-Price Rock ‘n Play Sleeper extremely unsafe, it was touted as a safer sleeping alternative than other options when it was first released in 2009.

The Consumer Product Safety Commission (CPSC) recently reported that a recalled Fisher-Price infant sleeper had been related to at least 100 deaths.

How is Rock N Play Dangerous for Infants?

Because Rock n’ Plays do not meet the safety requirements set forth by the Consumer Product Safety Commission and have been linked to numerous newborn deaths, they are not safe to use as a baby’s bed.

Infants can fall asleep in the Fisher Price rock n play sleeper. Sadly, the sleeper’s design includes a catastrophic fault that puts babies at risk of suffocation if they roll over while inside. Their landing position may result in asphyxia, obstructing their airway and causing them to suffocate.

The CPSC commissioned research in 2019 with infants closely observed while using the devices to understand better the risk of deadly infant sleepers.

The study also identified several other risks associated with the rock n play infant sleepers. Infants in inclined sleepers are at risk of positional asphyxia even when not rolling onto their stomachs because of the tendency of their heavy heads to slip forward as a result of the steep angle.

Infants are positioned in the baby sleepers at a 30-degree tilt. This slope is dangerous because it raises the possibility that the baby’s head will fall into a potentially fatal position. Babies in these items may doze off with their chins resting against their chests, obstructing their airways. This may result in asphyxiation or suffocating death. At least 94 fatalities have been associated with incline sleepers.

Infants may also roll over or alter postures as a result of the sleeper’s angle, pressing their faces into the cushioning. Once more, this puts the baby at risk of suffocation. Other injuries occur when an active baby flips the sleeper over and gets stuck below it.

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Injuries Associated With Rock ‘N Play Sleepers

Suffocation, neck injuries, and injuries brought on by constrictive breathing are only a few of the major problems resulting from defective baby sleepers. This may cause death or lifelong harm, such as a brain injury. When parents put their infant to sleep, the majority of them are unaware that they are endangering their child.

The following are some of these risks:

  • Suffocation
  • Positional Asphyxiation
  • Sudden Infant Death Syndrome (SIDS)
  • Flat head syndrome
  • Twisted neck syndrome

Regrettably, a lot of parents who lost a child had no idea the baby sleeper had anything to do with the death. Even medical examiners and doctors have frequently concluded that a child’s death was caused by Sudden Infant Death Syndrome (SIDS). As a result, Fisher-Price was not penalized for the parents’ tragic infant loss.

At least 14 child deaths have been linked to the rock ‘n play sleeper since its introduction ten years prior, a Fisher-Price staffer testified in a 2018 deposition.

Why was the Rock ‘N Play Sleeper Recall?

Fisher-Price initiated a rock ‘n play sleeper recall in April 2019 for all 4.7 million units sold in the United States in response to rising pressure from the American Academy of Pediatrics, Consumer Reports, child safety organizations, and the general public.

Ten months before the rock ‘n play recall, on May 31, 2018, the CPSC released the first inclined sleeper warning. The Kid II Ingenuity Moonlight Rocking Sleeper and the Fisher Price rock ‘n play were two inclined sleepers listed as having risks in the warning.

The U.S. Consumer Product Safety Commission (CPSC) posted a recall notice for all baby sleeper models on their website on January 9, 2023. Fisher-Price stated that more than 70 fatalities had been documented since the first 2019 recall.

Following the 2019 recall, Fisher-Price immediately stopped selling the rock ‘n play sleeper; however, many baby goods continue to be used years after being withdrawn from the market. The CPSC sends around 400 recall notices annually.

Even though Fisher-Price no longer sells this hazardous item, the overdue recall does not do justice to a family that lost a child. Infant product manufacturers must hold themselves to a higher safety standard and respond to safety issues with an immediate recall rather than just a simple warning.

If you are using infant rock ‘n play sleepers, stop utilizing them right away. Visit the product’s recall website to learn more about safety precautions and to start the procedure through which you can get a Fisher Price rock ‘n play sleeper recall refund.

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Safe Sleep for Babies Act

The Safe Sleep for Babies Act of 2021, approved by Congress in May 2022, forbids inclined sleepers and bumper pads for cribs. Any incline sleeping items with infants under a year old and inclination surfaces larger than 10 degrees is prohibited by law.

According to research, an incline of more than 10 degrees is dangerous. Thus, the CPSC issued a ban on all such sleepers in 2021. In addition, President Joe Biden signed the Safe Sleep for Infants Act in May 2022, making it illegal for any infant to sleep at an inclination higher than 10. Also, it outlaws the use of crib bumpers, which are cloth cushions fastened to the interior of cribs to guard against head injuries and being stuck.

The main point to remember is that crib bumpers, inclined sleep products, and flat sleep products without a stand and the appropriate side height are all prohibited by the Safe Sleep for Infants Act and the CPSC Infant Sleep Regulation. The Infant Sleep Rule was adopted by the Consumer Product Safety Commission (CPSC) and took effect on June 23, 2022.

The Tragic Incident Involved Rock ‘N Play Sleeper

Erika Richter, a mother who lost her 2-week-old daughter advocated for the law on Good Morning America. In 2018, Erika Richter’s infant died while in an inclined sleeper.

Erika Richter filed a complaint against Fisher-Price when her daughter, Emma, passed away while using a Fisher-Price rock ‘n play sleeper. Richter claims that she was only made aware of reports of more newborn rock ‘n play sleeper deaths linked to the sleepers after Emma’s passing. Richter sued Fisher-Price in 2020 for wrongful death and extreme negligence.

Since the recalls, Fisher-Price has been the target of numerous inclined sleeper wrongful death lawsuits brought by individuals, as well as at least 10 class action lawsuits that claim the manufacturer knew or should have known about the risk of problems but chose to delay issuing a recall or warning, knowingly allowing parents to continue buying dangerous sleeper products.

picture-showing-rock-'n-play-sleeper-victims

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Rock ‘N Play Lawsuit Update 2024

From 2019 to 2021, 174 children under the age of five died each year, on average, due to unsafe sleep environments caused by commonly used nursery products. The U.S. Consumer Product Safety Commission (CPSC) reported 523 total deaths in this age group during that period. Cribs, mattresses, bassinets, cradles, playpens, and inclined infant sleepers were among the most dangerous products, with inclined sleepers linked to 38 deaths.

In July 2022, the CPSC introduced new standards for bassinets and cradles, requiring all infant sleep products to have an incline of no more than 10 degrees. This rule came after more than 100 deaths were tied to Fisher-Price Rock ‘n Play sleepers since 2009, which did not meet these new standards. In August 2023, a complete ban on inclined infant sleepers and crib bumpers was approved as part of the Safe Sleep for Babies Act.

Fisher Price Rock N Play Settlement

Fisher Price agreed to pay $19 million to settle related to their Rock ‘n Play Sleepers, which sleepers were recalled due to safety issues.

Under the settlement, families who purchased the sleepers after October 12, 2018, and have proof of purchase, will receive a full refund. Those without proof will get $60. If purchased between April 12, 2017, and October 12, 2018, refunds will be $50, and $40 for purchases before April 12, 2017. Those who returned their sleepers during the initial recall may get an extra $10.

October 2024 Updates

In the MDL-2903 titled In Re: Fisher-Price Rock ‘N Play Sleeper Marketing, Sales Practices, and Products Liability Litigation, there are only 16 lawsuits pending as of October 3, 2024. This MDL consolidated in the District court in the Western district of New York is presided over by Chief Judge Geoffrey W. Crawford.

The official website for the $19 million Fisher-Price/Mattel Rock ‘n Play sleeper settlement is now available at fisherpricerocknplaysettlement.com.

To file a claim online, visit the website and enter the ID from your settlement notice. You can also download and mail a PDF claim form. The deadline to file a claim for the Rock ‘n Play settlement is April 29, 2025, or 90 days after final approval, whichever comes later.

November 2024 Update

The is no change in the pending number of lawsuits in the MDL and 16 lawsuits are still pending.

Do You Qualify for the Fisher Price Rock ‘N Play Lawsuit?

No parent should ever have to tolerate the loss of a child. The unbearable suffering worsens when that loss results from a careless company offering a poor product. Baby-inclined sleepers are defective by their very nature.

Many helpless lives have been endangered as a result of their failure to warn the public about the threat this product poses. Fisher-Price should be held legally liable for this defective device to help avoid similar tragedies in the future.

Please get in touch with attorneys immediately to file a Fisher Price rock n play lawsuit if you or a loved one lost a child who was hurt because of the Fisher Price newborn rock ‘n play sleeper.

You might be eligible to seek financial compensation for losses and damages if your child was seriously hurt by a Fisher Price rock ‘n play sleeper. Medical expenses, lost wages, loss of pleasure in life, pain and suffering, and other things are all examples of potential damages.

In the majority of states, damages awarded in a wrongful death case cover both the child’s suffering before death and the parents and other family members’ losses of companionship. Medical costs, burial costs, and other monetary losses are examples of additional recoverable damages.

Ensure you know the procedure for filing baby sleeper recall lawsuit before proceeding. One of the most crucial steps is to lessen the child’s injuries. An early diagnosis, attention, and treatment from licensed medical specialists are necessary to mitigate the impact.

Your and your child’s health and the viability of any possible case depend on this. Medical record reviews help identify the cause of the injury or death. LezDo TechMed can evaluate your medical records, which helps track treatments and medical bills.

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To sum up,

For parents, advocates, and manufacturers alike, the infant inclined sleeper lawsuit has been a wake-up call, leaving an indelible mark on the path towards ensuring a safer tomorrow for our little ones.

Parents are also advised to use caution when letting newborns sleep in any product not suggested for this use, such as loungers, cushions, and positioners. What should you do if you have an inclined infant sleeper in your home now? Stop utilizing it right away. Do not allow your child to take another nap in an unhealthy sleeping area.

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