Medical supply company Medline Industries is recalling 1.5 million adult portable bed rails that have been linked to the entrapment deaths of two senior citizens. The recall comes less than two months after another medical supply company, Essential Medical Supply, re-announced its recall of 272,000 bed rails in the wake of multiple entrapment deaths.
On May 30, 2024, Medline in conjunction with the U.S. Consumer Product Safety Commission (CPSC) announced the recall of two models of Medline’s Bed Assist Bar adult portable bed rails, stating that users can become entrapped within the rail, or between the rail and side of the mattress, which puts them at risk for death by asphyxiation.
According to the recall notice, Medline received two reports of entrapment deaths associated with its Bed Assist Bars. The deaths occurred in July 2019 and November 2023 and involved a 76-year-old woman at a senior nursing facility in Iowa and an 87-year-old woman at a residential care facility in South Carolina.
Following the recall announcement, a consumer reported in the CPSC’s SaferProducts.gov public database that their 89-year-old mother died in October 2020 when her arm became wedged between a Medline Bed Assist Bar and the mattress, which caused her to fall to her knees with her face “stuffed in bedding where the rail met the bed.”
A second consumer reported that in May 2022 their 75-year-old father became entrapped for more than 10 hours between the Medline Bed Assist Bar and his mattress when he attempted to get out of bed in the middle of the night. The report states that he sustained severe injuries that required an extensive hospital stay followed by care from a long-term care facility. He lost his mobility and was never able to return to his home.
What Medline Bed Assist Bars Have Been Recalled?
The recalled bed rails have model numbers MDS6800BA and MDS6800BAH. The two models are identical, but model MDS6800BA was sold individually and model MDS6800BAH was sold in cases of three units. The bed rails are made of black metal tubing with a rounded black foam rubber grip handle and a fabric pouch. The name “Medline” and the model number are printed on a label located on the support frame of the bed rail near the rail’s vertical portion.
Medline sold the rails from July 2009 through March 2024 for between $32 and $64. The recalled rails were sold through Medline’s websites, Medline.com and athome.medline.com; major online retailers, including Amazon and Walmart; online pharmacies, including CVS and Walgreens; and online medical supply stores nationwide, including Cascade Healthcare Solutions and Magic Medical.
The recall notice instructs consumers to immediately stop using the rails and to contact Medline for a refund.
How Safe Are Adult 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 Adult 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 My Loved One Was Seriously Injured or Killed from Entrapment in a Bed Rail?
Daniel J. Mann, a 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.
Mann explained that product liability law requires that products be safe for their intended as well as expected use. “It is tragic that these simple products continue to cause these injuries and deaths, especially because many could be avoided by simple compliance with the mandatory standard,” said Mann.
The product liability team at Feldman Shepherd, which also includes co-founding shareholder Alan M. Feldman 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.