The U.S. Consumer Product Safety Commission (CPSC) issued an administrative complaint back in December 2012 against Baby Matters LLC of Berwyn, PA. The complaint was in reference to Nap Nanny infant recliners for which the agency has received numerous incident reports filed by consumers.
As part of the settlement agreement in legal proceedings, a voluntary recall has now been issued on a product that has resulted in the death of five infants. The complaints started in 2009, with some stemming from babies found hanging over the sides of the recliner or actually falling over the sides of the Nap Nannies.
The allegations by CPSC included creating a hazardous product containing a defective design and not providing adequate warnings or instructions. Despite the manufacturer’s disagreement with these allegations, the matter was finally resolved when in exchange for the recall, the lawsuit was dropped by CPSC.
Unfortunately for those consumers who purchased the product directly from the manufacturer, it is now out of business and not accepting refunds.
For those who purchased the infant recliners from the following businesses, they can be contacted for information on how to receive a refund:
- Toys R Us/Babies R Us;
- Buy Buy Baby;
- Diapers.com; and
Filing a Product Liability Claim
It’s an unimaginable tragedy for parents to lose a child from something preventable like a defective product. While it certainly won’t make up for the loss, parents could file a wrongful death claim against the manufacturer to recover compensation for damages. Damages may include pain and suffering, medical costs associated with the accident and injuries, and more.
To learn if you have a viable case, contact an attorney at Gacovino, Lake & Associates. Our law firm is concentrated in product liability cases and may be able to assist.