Product Liability Law Blog

The U.S. Consumer Product Safety Commission and Baby Matters LLC are recalling 30,000 Nap Nanny® portable baby recliners because they pose fall, entrapment, and suffocation hazards. One baby, 4-months-old, reportedly died while in the recliner. She was in her harness but hanging over its side and stuck between the crib bumper and the recliner, which was in the crib. Another infant, who was also in the harness, suffered a forehead cut after falling over the side of the recliner. The baby ended up caught in between the crib side and the recliner. It is not recommended to use a Nap Nanny® inside a play yard, crib, another confined space, a countertop, a table, or any other space that is elevated.

To date, there have been 22 reports of infants, most of them under the age of 5 months, either falling out or hanging over the recliner’s crib while harnessed. Failure to properly attach the velcro straps inside the recliner’s cover or the “D”-rings inside the foam can make the recliner an even more serious hazard that can cause injuries to children. The first generation Nap Nanny® model did not come with “D” rings.

According to Forbes.com, Nap Nanny is designed to imitate the curves of a child safety seat. The recliner is supposed to keep the baby at a slightly raised level to decrease gas, reflux, stuffiness, and other issues.

Owners of first generation Nap Nanny® models should stop using the recliner right away and call Baby Matters LLC for a coupon. Second generation Nap Nanny® model should discontinue use of the recliner until they can get new warnings and product instructions from the company Web site.

Our child injury attorneys understand the devastation of losing a child because a product manufacturer was careless in designing a defective furniture product or did not provide proper instructions or warnings for safe use.

Baby Matters Recalls Nap Nanny® Recliners Due to Entrapment, Suffocation and Fall Hazards; One Infant Death Reported, CPSC, July 26, 2010

Nap Nanny recliners recalled, Forbes.com, July 26, 2010

Related Web Resources:
Nap Nanny

Consumer Reports

Continue reading "CPSC Recalls 30,000 Baby Recliners After Death of 4-Month-Old Girl" »

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Cribs and Infant Sleepers , Entrapment Accidents , Fall Accidents , Infant Products , Injuries to Children & Minors , Nursery Products , Suffocation Accidents

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The Consumer Product Safety Commission has announced several recalls in the past week geared toward preventing serious injuries to children. The most recent one comes today with the recall of approximately 1,160,000 Roman shades and 115,000 roller shades made by Smith + Noble. The shades pose a strangulation hazard that can occur in the event that the child’s neck either gets ensnared in the shade cord or stuck between the Roman shade and the exposed inner cord. So far, there has been just one report of a child, a 5-year-old Washington boy, getting entangled in a roller shade’s unsecured continuous loop bead cord. Fortunately, he did not require medical attention. Shade owners should request a free repair kit.

Just two days before, the CPSC recalled about 44,900 Kariño Baby Pacifiers distributed by Antonio Flores. The pacifier do not meet federal safety standard and poses an aspiration risk and choking hazard to young kids. The pacifier’s mouth guard isn’t large enough and lacks ventilation holes. Also, its handle is too long and the nipple is easy to separate from the base. It is important to take the pacifier away from your child right away and contact Antonio Flores to request your refund.

Last Thursday, the CPSC and Health Canada recalled approximately 20,000 Cozy Indoor Outdoor Portable Playard Tents Plus Cabana Kits. The playard can pose an entrapment and strangulation hazard if the clips attaching the tent to the playard break or come off. At that point, a child in the playard is at risk of becoming entrapped between the tent’s metal base rod and the playard frame. One boy, age 2, died from injuries he sustained in the playard during a Maine entrapment accident. Consumers are being urged to stop using the playard tents and contact Tots in Mind Inc. to request a free replacement kit.

Our child injury lawyers are pleased to hear about the Consumer Product Safety Commission’s increased efforts to clear the marketplace of products that can cause serious injuries to children. That said, there are still a lot of products with defects that continue to place kids’ lives at risk, including poorly designed and manufactured clothing, shades, nursery products, furniture, child safety seats, toys, jewelry, playground rides, chests, and household décor.

Smith+Noble window shades recalled, UPI.com, July 22, 2010

Karino pacifiers recalled due to choking hazard, Bloomberg, BusinessWeek, July 20, 2010

Safety regulators have new urgency over baby products, USA Today, July 21, 2010

Play yard tents recalled after child's death, AP, July 15, 2010

Related Web Resources:
Consumer Product Safety Commission

Child Safety, Consumer Reports

Continue reading "CPSC Attempts to Prevent Injuries to Children with Recalls of Smith + Noble Roman and Roller Shades, Kariño Baby Pacifiers, and Tots in Mind Playards " »

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Posted In: Cribs and Infant Sleepers , Furniture and Accessories , Infant Products , Injuries to Children & Minors , Nursery Products , Suffocation Accidents

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The US Consumer Product Safety Commission is recalling more than 2 million cribs because of the hazards they may pose to children. Included in the recall are cribs made by Evenflo, LaJobi, Child Craft, Million Dollar Baby, Jardine Enterprises, Delta Enterprises Corp, and Simmons Juvenile Products Inc. The cribs were made between 2000 and 2009.

To date, no fatalities have been linked to the recalled cribs. However, there are about 250 reports of drop-side detachment and failure incidents, as well as at least 16 child entrapment accidents.

The Recalled Cribs:
750,000 Jenny Lind Cribs by Evenflo: Drop-side hazards can place a toddler at risk of getting hurt or dying from crib entrapment, suffocation, strangulation, or fall accidents. 31 reports cite drop-side malfunctions and detachment, which have resulted in at least 7 injuries.

Approximately 306,000 Bonavita, Babi Italia, and ISSI drop-side cribs: 40 reports of malfunction and detachment incidents have been filed. One child got hurt during a crib fall accident.

40,000 – 50,000 Child Craft "Crib ‘N' Double Bed" stationary-side Cribs and an unknown number of Child Craft drop-side cribs: If the stationary side of the "Crib ‘N' Double Bed" is assembled upside down, a dangerous gap at the top of the crib can be created, placing infants and toddlers at risk of crib entrapment. Four entrapment accidents have been reported. Two of the kids were reportedly in danger of strangulation. The CPSC has received seven reports of drop-side failure that have resulted in one entrapment accident and one fall accident. Child Craft is no longer in operation.

Approximately 156,000 Million Dollar Baby drop-side cribs: There have been 43 reports of drop-side-related incidents, including 8 entrapment accidents and 3 fall accidents.

Approximately 747,000 Delta drop-side cribs and all drop-side and fixed Delta cribs that come with wooden stabilizer bars: If the wooden is installed upside down, a mattress support hazard can be created, which increases the risk of entrapment accidents. 57 drop-side related incidents have been reported. The CPSC knows of 19 stabilizer bar incidents that have caused 10 mattress platform collapses and at least 3 resulting injuries.

All (about 13,000) Jardine Enterprise drop-side cribs: At least 47 drop-side incidents have occurred. One child who became entrapped fell unconscious and was hospitalized. Nine other entrapment accidents have resulted in injuries, including a broken collarbone.

Approximately 50,000 Simmons Easy Side drop-side cribs: CPSC has received reports of 30 drop-side incidents resulting in 2 entrapment accidents and 3 fall accidents.

The companies involved in this latest recall are offering consumers free repair kits to fix the crib defects. Do NOT try to fix these cribs without a kit.

Recent Recalls, CPSC

Feds recall another 2 million drop-side cribs, Chicago Tribune, June 25, 2010

Related Web Resources:
Feds Ending Manufacture of Drop-Side Cribs, CBS News, May 10, 2010

Dangerous Kids, Kids in Danger

Continue reading "Delta Enterprise, LaJobi, Evenflo, and Jardine Enterprises Among the More than 2 Million Cribs Recalled Over Drop-Side Issues and Other Hazards" »

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Choking Hazards , Cribs and Infant Sleepers , Infant Products , Injuries to Children & Minors , Nursery Products , Suffocation Accidents

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In the wake of the 2007 death of 10-day-old baby from a handmade baby sling, the Consumer Product Safety Commission is recalling approximately 40 Sprout Stuff infant ring slings because they pose a child suffocation hazard. Sprout Stuff is located in Texas.

The baby slings were sold to consumers between October 2006 and May 2007. The recalled slings are made with cloth that threads through a ring and “Sprout Stuff” is printed on the tail hem’s backside.

It was just last March that the CPSC put out a warning that parents and caregivers should be extra careful when using the infant slings with babies under 4-months of age. At least 14 infant deaths over the last 2 decades are linked to the infant sling carriers. Products liability lawsuits claiming wrongful death have been filed in some of these cases.

The suffocation risk can occur if the sling’s fabric blocks a baby’s breathing by pressing against his/her nose and mouth. An infant can also suffocate if his/her airways get obstructed while in the sleeper in a curled position involving the chin pressed into the chest.

Although the CPSC has placed infant slings on the list of infant products that need a mandatory standard, there still isn’t one at this time.

Child Suffocation
Suffocation is the number one cause of accidental child deaths. According to More4Kids.Info, common causes of child suffocation include:

• Positional asphyxia
• Overlay: A person sleeping with a child rolls over and smothers the child
• Choking accidents
• Entrapment: The child gets trapped in a confined area that is airtight, such as a toy chest
• The child's face or chest gets covered, which obstructs breathing
• Strangulation

As you can see, many of these causes of child suffocation are ones that our child injury lawyers have written about on our products liability blog site in relation to products that have caused serious injuries to children. Defective cribs, poorly designed window shades and drapes, toy chests with lids that don’t have a proper security lock, and toys that are so small that they are easy to swallow, are just some products that have caused suffocation deaths and injuries to kids and babies.

Newborn death prompts recall of baby slings, Associated Press, June 2, 2010

Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Child Suffocation: More than a Nightmare, More4Kids

Related Web Resources:
Recalls.gov

CPSC and Infant Sling Safety, BabyWearing International

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Posted In: Furniture and Accessories , Infant Products , Injuries to Children & Minors , Suffocation Accidents

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After the recall of more than seven million drop-sides cribs, at least 32 related child deaths, and hundreds of incidents involving problematic drop sides, the lawmakers and the government is taking more aggressive steps to ban drop-side cribs. Last Monday, US Senator Kirsten Gillibrand proposed a bill that would make it illegal to make and sell drop-side cribs. A similar bill is also expected to also be introduced in the US House.

Meantime, the Consumer Product Safety Commission says that it will be taking aggressive steps eliminate drop-side cribs from the marketplace, as well as those that are already in US homes. 100,000 of the 500,000 cribs sold in this country in 2008 were drop-side cribs. Also, the CPSC is promising a new crib standard that would require crib manufacturers to make only cribs with fixed sides.

Our child injury attorneys are familiar with the serious injuries that can arise when a baby or toddler is left in a defective drop-side crib. We encourage you to explore your legal options for filing a products liability lawsuit or a wrongful death case if your son or daughter fell, became entrapped, or suffocated while in a defective crib.

Reasons why drop-side cribs cause injuries:

• The drop side becomes detached from the rest of the crib
• The drop side malfunctions and suddenly “drops," increasing the chance of a fall accident
• An opening gets created between the mattress and the drop side that makes it easy for a child to get entrapped in and suffocate
• Difficult to understand instructions can result in improper installation, which can increase the chances of a drop-side crib malfunction
• Crib parts made from poor quality materials are more prone to breakage and malfunctions

Lawmakers look to ban drop-side cribs, AP, May 25, 2010

CPSC looking to ban drop-side crib manufacturing, Todaysthv.com, May 10, 2010

Related Web Resources:
What Are The Safety Issues With Drop-Side Cribs?, About.com

CPSC

Continue reading "Senator Proposes Legislation to Ban Drop-Side Cribs" »

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Posted In: Cribs and Infant Sleepers , Infant Products , Injuries to Children & Minors , Nursery Products , Suffocation Accidents

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The Consumer Product Safety Commission has recalled a number of products this month because of the injuries to children that they may pose. Although recalls are a proactive step toward preventing personal injuries and wrongful deaths, it is not acceptable to expose children and babies to hazards because a manufacturer made a product that was poorly designed or developed flaws during production.

On Thursday, the CPSC recalled about 200 Le Hing Inc. baby walkers. Made for babies in the 6 months and older age range, the walkers are able to fit through standard doorways and do not automatically stop upon reaching the edge of a step. The lack of safeguards to prevent either of these can cause serious injury or death.

No injuries or deaths have been reported to date, but the CPSC says that babies should stop using these walkers immediately.

The week before, the CPSC and 5 Star Apparel LLC recalled about 11,500 Mecca Children’s Hooded Jackets with Drawstrings because the drawstrings on the hood pose a strangulation hazard. So far, there have been no reports of deaths or injuries from the hazardous clothing. However, the CPSC wants boys and girls to stop wearing the jackets immediately. Buyers can either get rid of the drawstrings or return the jackets to the store for a full refund.

On April 6, the CPSC and Health Canada recalled about 15,965 Gund Baby Paperboard Books because the Styrofoam in the book binding can come off, posing an aspiration/choking hazard to infants and young kids. Gund has three reports on file of incidents involving kids putting the Styrofoam in their mouths. To date, no injuries have been reported.

Injuries to Children Involving Products Liability
Infants and young children are often vulnerable to serious injuries and deaths when exposed to dangerous products. Unfortunately, defective products-related accidents involving choking, strangulation, asphyxiation, falls, entrapment, and lead poisoning claim too many lives each year. Many of these tragic accidents could have been prevented if only the manufacturer hadn’t been negligent.

Le Hing Inc. Announces Recall of Baby Walkers Due to Fall Hazard, CPSC, April 15, 2010

Recalls: children's hooded jackets, chests, tables, Associated Press, April 8, 2010

Baby Book Recall, WITN, April 7, 2010

Continue reading "Strangulation, Choking, and Fall Hazards Prompt Recall of Baby Walkers, Clothing, and Books" »

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Choking Hazards , Clothing , Infant Products , Injuries to Children & Minors , Nursery Products , Suffocation Accidents , Toys

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Earlier this month, our child injury law firm reported on the warning issued by the Consumer Product Safety Commission that baby slings can be dangerous and lead to suffocation accidents. Their warning was announced following 13 infant deaths—3 of them in the past year.

Now, Infantino, the manufacturer of the infant slings involved in the 2009 child fatalities, is recalling over 1 million baby slings. If your baby has a “Wendy Bellisimo” or a “SlingRider” infant sling, the CPSC is urging you to stop using this product right away.

The babies that died were a 7-week-old Philadelphia infant, a 3-month-old Cincinnati baby, and a 6-day-old Oregon infant. Newborn Derrik’s mom has filed her Oregon products liability lawsuit suing Infantino for millions of dollars over her son’s wrongful death by asphyxia/suffocation. Click on our recent products liability law blog post to read more about how to protect your child from suffocation injuries when using a baby sling.

Also, in other major child recall news, last week Evenflo and the CPSC announced the recall of 183,000 Evenflo Top-of-Stair™ Plus Wood Gates (approximately 150,000 in the US and 33,000 in Canada). The gates become a fall hazard when the slats detach or break.

Evenflo already has received 142 reports of problems with the slats. Three children managed to access the stairs. One child fell down a step and another child fell down five steps. Seven kids sustained scrapes, scratches, and bruises. Four children suffered head bumps and bruises. Evenflo models 101512 and 10502 are included in the recall.

If a child manages to get through a baby gate designed to prevent him or her from getting to the stairs and falls down the steps, serious injuries can result. In addition to bruises, scratches, and bumps, broken bones, head injuries, spinal cord injuries, neck injuries, and other injuries can occur.

Evenflo Recalls Top-of-Stair Plus Wood Gates Due to Fall Hazard, CPSC, March 25, 2010
Grieving mothers blame baby slings for infant deaths, CNN, March 25, 2010

Infantino Recalls to Replace SlingRider Baby Slings; Three Infant Deaths Reported, CPSC, March 24, 2010

Related Web Resources:
World report on child injury prevention, World Health Organization

Products Liability Overview, Justia

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Cribs and Infant Sleepers , Injuries to Children & Minors , Oregon , Suffocation Accidents

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The Consumer Product Safety Commission is warning dads and moms that chic baby slings can be deadly. The commission says that it has investigated at least 13 child fatalities involving the sling-style carriers in 20 years. Three of the fatalities occurred last year. 12 of the babies that died were under the age of four months.

Baby slings wrap around the chest, keeping the baby close to the parent. They allow parents to “wear” their kids. Experts have promoted infant slings as a way to calm babies down or help moms breastfeed their children.

Now, the CPSC is warning caregivers and parents to be very careful when using the baby slings for infants in that vulnerable age group because the child carrier can pose a suffocation hazard in two ways:

• The sling can cause the baby to be cradled too close to the mom’s belly or under her chest in a curved position. This may push the baby’s head forward, limiting his/her ability to breathe and cry for help.

• The fabric of the sling can push itself against an infant’s nose and mouth. It takes just a minute for a suffocation accident to happen.

Many of the fatalities involved kids who were born prematurely, low birth weight twins, or suffering from a cold.

The CPSC is not the first to warn about hazards related to this popular carrier. In 2008, Consumer Reports noted that approximately two dozen serious injuries had been linked to the slings. Skull fractures were among the injuries sustained during fall accidents from the carrier.

Safety advocates again warned about the dangers the sling can pose last year after a 1-week-old baby died in an Oregon suffocation accident. His cause of death was positional asphyxia.

Currently, there are no rules or standards that govern baby slings. However, if your child fell out of a baby sling or was seriously injured/died in a suffocation accident, your son or daughter may be the victim of child products liability.

The CPSC is offering the following safety precautions to prevent sling suffocation accidents:

• Make sure that the baby’s head is faced up and away from the sling or the mom’s body
• Check the baby’s position on a regular basis
• Make sure that the sling’s fabric doesn’t cover the baby’s face

Baby slings to get warning after deaths, MSNBC/AP, March 9, 2010

Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Related Web Resources:
Strangulation and Suffocation, Parents.com

Consumer Product Safety Commission

Continue reading "At Least 13 Infant Deaths Linked to Baby Slings, Reports CPSC " »

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Cribs and Infant Sleepers , Infant Products , Injuries to Children & Minors , Suffocation Accidents

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