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What Should I Do If My Child Has Been Injured By a Kids II Sleeper?

May 6, 2019

Two weeks after Fisher-Price recalled its Rock ‘n Play Sleeper after a Consumer Reports story linked it to 32 infant deaths, Kids II has announced that it is recalling nearly 700,000 inclined baby sleepers due to five infant fatalities.

The Kids II Rocking Sleepers were sold from March 2012 through April 26, 2019 for approximately $40 to $80 at major retailers including Walmart, Target and Toys R Us and online, according to news reports. They were sold under the Ingenuity, Bright Starts, Disney Baby and DreamComfort brands.

According to the Consumer Product Safety Commission, the fatalities involving Kids II sleepers occurred “after the infants rolled from their back to their stomach while unrestrained, or under other circumstances.”

The American Academy of Pediatrics does not recommend inclined sleep products or any other products for sleep that require restraining a baby.

Alan Feldman, a product liability attorney and co-founding partner at Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP, said that “when children’s products are used in an intended and foreseeable way, manufacturers can — and must — be held legally accountable when children are seriously injured or killed.”

According to Feldman, “it is critical for manufacturers of children’s products to ensure that their products are safe by conducting a hazard analysis and designing their products so that the most vulnerable segment of society is protected from needless harm. Unfortunately, this is another tragic example of a product manufacturer not living up to its responsibility.”

What Types of Children’s Products Can Cause Accidental Suffocation?

Other children’s products that may cause accidental suffocation if defective include:

  • Baby slings
  • Furniture that tips over or has dangerous cut-outs
  • Cribs
  • Crib bumpers
  • Cradles
  • Bassinettes
  • Mattresses
  • Playpens
  • Strollers
  • Car seats
  • Clothing

Feldman said that “when a child is seriously injured or killed by a defective product, the grieving parents frequently blame themselves and don’t stop to think that the product may be defective and that it is the manufacturer who is at fault. As a result, incidents often go unreported.”

“Even when events are reported, parents are often unaware that other parents have reported similar injuries to the product’s manufacturer and that the manufacturer failed to take appropriate action to warn its customers and to remove the product from store shelves and people’s homes,” Feldman said.

When Should I Contact a Product Liability Attorney If My Child Is Injured?

Feldman recommends contacting a product liability attorney as soon as possible following a child’s injury, as every state has its own strict deadlines as to when a lawsuit must be filed. He said that, “too often, parents — tormented by grief and misplaced self-blame — have contacted me many years after a defective product seriously injures, or even kills, their child, and at that point it is too late to take legal action.”

“Often, the civil justice system provides some comfort to grieving parents as it shines a spotlight on dangerous products and helps ensure that they are removed from the market so that they can no longer threaten other children,” Feldman said.

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