Adult Bed Rails: A ‘Safety Device’ with a Record of Entrapment, Asphyxiation Deaths

The United States Consumer Product Safety Commission (CPSC) has re-announced the recall of four models of Endurance Hand Bed Rails in the wake of two deaths linked to the rails since they were first recalled in December 2021. While the recall is limited to these specific bed rails, the threat looms larger for an entire class of products that are sold as a safety device, but in reality, have caused an astounding number of deaths and serious injuries to vulnerable older adults.

According to the April 4, 2024 re-announced recall, when the Endurance Hand Bed Rails are attached to an adult’s bed, users can become entrapped within the bed rail or between the rail and the side of the mattress, posing a serious hazard and risk of death by asphyxiation. The bed rails were first recalled in 2021, nine years after an 86-year-old man died in his home after becoming entrapped. Since then, there have been two additional reported entrapment deaths: An 86-year-old man died in 2022, and a 99-year-old man died in 2023.

Following the re-announcement, a consumer reported in the CPSC’s SaferProducts.gov public database that they had just become aware of the recall and thought there was a “strong likelihood” that their 95-year-old mother died in December 2022 from entrapment in an Endurance bed rail.

Separately, after receiving the initial recall notice, another consumer reported to the CPSC that their 91-year-old mother had slipped between her mattress and an Endurance bed rail in 2020 and was wedged there for almost two hours before she could push her “panic button” to get help. It took several EMTs to free her, according to the report. The consumer, who had purchased the bed rail on Amazon, initially thought the accident was their fault for not placing the rail high enough on the bed, never stopping to consider that the product might have been unsafe by design.

What Endurance Hand Bed Rails Have Been Recalled?

The four models of recalled Endurance Hand Bed Rails are: Hand Bed Rail (model P1410), Hand Bed Rail with Pouch (model P1410-P), Hand Bed Rail with Floor Support (model P1411), and Hand Bed Rail with Floor Support with Pouch (model P1411-P). About 272,000 of these rails were sold by Essential Medical Supply, Inc. at medical supply stores nationwide and online at Amazon and Walmart from October 2006 through December 2021 for between $36 and $98.

“Essential Medical Supply, Inc.” and the model number are printed on a label located on the grip handle. The rails are made of either chrome or white metal tubing and include black padding on the grip handle and under-bed frame. They measure approximately 17 inches to 21 inches high by 20 inches wide. Only bed rails that do not have model numbers ending in “R” are included in this recall.

The CPSC is advising consumers to immediately stop using the bed rails. Essential Medical Supply will provide a refund for rails sold or imported on or after November 1, 2015. The refund will be pro-rated based upon the age of the rail. Although no refund is being offered for older rails sold between October 2006 and October 2015, the CPSC is still advising consumers to stop using them, and to disassemble and dispose of them to prevent reuse.

How Safe Are Bed Rails?

Between January 2003 and December 2021, adult portable bed rails caused at least 284 entrapment deaths, according to the CPSC. From 2003 through 2011, almost 37,000 bed rail-related injuries were treated at hospital emergency rooms.

The CPSC has identified four major “zones” where entrapments occur: (1) within the rail, (2) under the rail, between the rail support and mattress, (3) between the rail and mattress, (4) under the end of the rail and mattress. Serious injuries from falls have also been associated with bed rails when a bed-occupant attempts to climb over them.

Note that bed rails that are sold to consumers as safety devices fall under the jurisdiction of the CPSC, while bed rails that are sold as medical devices fall under the jurisdiction of the Food and Drug Administration (FDA). The FDA reports that between 1985 and January 1, 2009, it received reports of 803 incidents of patients who were caught, trapped, entangled or strangled in the bed rails of hospital and nursing home beds. Of these reports, 480 people died, 138 had a nonfatal injury, and 185 were not injured because staff intervened.

If Bed Rails Are Unsafe, Why Are They Still on the Market?

Pursuant to federal law, the CPSC cannot recall bed rails (or any other unsafe product) without a company’s cooperation. If a company refuses to cooperate, the CPSC must engage in protracted litigation or administrative proceedings to force a recall.

The positive news is that there has been momentum toward making bed rails safer. In July 2023, the CPSC adopted a mandatory safety standard for bed rails that went into effect on August 21, 2023. Previously, the safety of bed rails was governed by nothing more than a voluntary standard set primarily by the industry itself. Unfortunately, testing conducted by the CPSC in 2018-2019, and again in 2021, showed that the voluntary standard lacked substantial industry compliance.

Pursuant to the mandatory standard, bed rails manufactured after the effective date must meet certain performance and testing requirements that reduce the risk of entrapment and other hazards. The mandatory standard incorporates the voluntary standard with some notable modifications, including updated requirements for entrapment testing to be consistent with known hazards and improved requirements for manufacturers to inform consumers of the range of mattress thicknesses to ensure safe use of the rails.

However, the mandatory standard is not retroactive, and an untold number of unsafe adult portable bed rails still remain in use in people’s homes, putting vulnerable adults at risk.

What Should I Do If I Believe My Loved One Was Seriously Injured or Killed from Entrapment in a Bed Rail?

Alan M. Feldman, a co-founding shareholder and product liability attorney at Feldman Shepherd recommends contacting a product liability attorney as soon as possible if your loved one has been seriously injured or killed by an adult portable bed rail.

Feldman observed that product liability law requires that products be safe for their expected as well as intended use. Regarding bed rails, he said, “we must ensure that products for the most vulnerable members of our society are safe for their intended use. The number of injuries and deaths associated with bed rails is unconscionable.”

The product liability team at Feldman Shepherd, which also includes shareholder Daniel J. Mann and partner Edward S. Goldis, has achieved substantial recoveries on behalf of individuals injured by dangerous products including unsafely designed cars and trucks, children’s products and toys, unsafe furniture, cranes and lift equipment, household appliances, industrial equipment, lawnmowers, power tools, and hunting accessories and devices.