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When Manufacturers Prioritize Profits, Feldman Shepherd Protects Children

When parents purchase infant and children’s products, they do so with the expectation that household names and trusted brands have prioritized safety above all else. Unfortunately, that is not always the case, with many manufacturers instead prioritizing their bottom line. At Feldman Shepherd, we have seen firsthand the devastating consequences of irresponsible corporate practices. Our attorneys have represented numerous families whose children were injured or killed by products that were rushed to market without adequate testing, sold without proper warnings, or even kept on store shelves after the manufacturer knew they were dangerous.

Notable Cases That We Have Handled

  • IKEA Dresser Tip-Overs: Nearly $100 million recovered on behalf of four families whose children were fatally injured by tip-overs of IKEA MALM dressers, including a $46 million settlement believed to be the largest child wrongful death recovery in U.S. history. Beyond the record-breaking compensation, our attorneys negotiated non-monetary settlement terms to protect other children from deadly tip-overs and to help educate parents about the risks of unstable dressers, including a landmark agreement by IKEA in 2016 to only sell chests and dressers in the U.S. that meet or exceed the then-voluntary national safety standard. The IKEA cases raised public awareness of dresser tip-over tragedies, involving many brands of furniture, which were playing out at an alarming frequency in homes, and particularly in children’s bedrooms, throughout the nation. The litigation—along with tireless advocacy by grieving parents, consumer organizations, and elected representatives—prompted Congress in 2022 to pass the STURDY Act (Stop Tip-Overs of Unstable, Risky Dressers on Youth Act), which provides the first mandatory safety standard for the stability of all dressers made or sold in the United States.
  • IKEA Wardrobe Suffocation$13.5 million settlement for the family of an 18-month-old girl who suffocated and died when her head and neck became entrapped in a cutout (designed to be used instead of handles) in the bottom drawer of an IKEA STUVA wardrobe that was designed specifically for use in children’s bedrooms. While IKEA contended that the manner of the child’s death was not foreseeable, during the course of the litigation, we established that a hazard analysis conducted by an IKEA design team demonstrated an awareness that the cutout presented an entrapment hazard. The STUVA wardrobe is no longer sold in IKEA stores in the United States.
  • Infant Sling Carrier Deaths$8 million and $7.25 million settlements for the families of two infants who suffocated to death in SlingRider bag-type, fabric slings worn over the shoulder, which Infantino brought to market without evaluating the product design for any potential suffocation risk. When consumers began posting negative online reviews of the product and raised concerns about its safety, the company ignored them. It took four infant deaths before Infantino recalled the SlingRider.
  • Magnetic ToysConfidential settlement on behalf of a 2-year-old boy who was seriously injured when he swallowed tiny, powerful magnets that had become separated from a Magnetix toy set. Their powerful attraction caused the magnets to tear through multiple internal organs. Prior to the boy’s injuries, the company behind the Magnetix toy line had received some 1,500 consumer complaints, and the CPSC had already identified 27 instances of intestinal injuries to children as a result of ingestion of magnets from Magnetix toys. This incident, and others, led to much stricter federal safety standards for all magnetic toys.
  • Infant Loungers, Rockers, and Sleepers: $8 million settlement achieved shortly before trial for the family of an infant who died in a reclining toddler seat while sleeping. We have also represented the families of several infants who died while using recalled Fisher-Price Rock ‘n Play sleepers. Infant loungers, rockers, and sleepers place babies at inclined angles, which allow them to adopt unsafe sleep positions that cause asphyxia. These products do not comply with the safe sleep recommendations of the American Academy of Pediatrics. In response to more than 200 infant deaths caused by inclined sleepers and padded crib bumpers, in 2022, Congress enacted the Safe Sleep for Babies Act, which formally designated these items as banned hazardous products and made it unlawful to manufacture, sell, or distribute them in the United States. However, an untold number of these dangerous products remain in use in people’s homes and childcare centers, or are passed down among children and families, or resold secondhand.
  • Water Beads: We presently represent families of two young children, one who died and one who was seriously injured, after swallowing a single water bead. Although water beads have been marketed to children as toys, educational materials, art materials, and sensory tools, these colorful beads (which typically start as the size of a sprinkle) absorb fluids when swallowed and expand to many times their original size, potentially causing life-threatening intestinal and bowel obstructions and other serious injuries. Even when children are closely supervised, the beads inevitably get lost in carpets, furniture, toys, and other places where young children may eventually find them and put them in their mouths. 

Beyond Financial Recovery: Feldman Shepherd Is Committed to Lasting Change

If your child has been catastrophically injured or killed by a dangerous toy or other infant or kids’ product, our attorneys are here to help you recover all compensation to which you are legally entitled. Beyond financial compensation, we are mindful that many parents are motivated to pursue litigation because they wish to spare other families from tragedies similar to their own. When desired by families, we have negotiated settlement terms with major manufacturers that, in addition to monetary compensation, have promoted recalls, public awareness, and product design practices that will help keep other children safe. 

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Frequently Asked Questions Dangerous Infant and Children’s Products

Can we file a lawsuit if the product was purchased in another state?

Yes. Dangerous product cases are often handled across state lines. Depending on where the injury occurred, where the product was designed or manufactured, and where the company does business, a case may be filed in state or federal court in a jurisdiction that allows for full accountability. National manufacturers can be held responsible regardless of where the product was purchased.

What if the product has not been recalled?

A recall is not required to bring a product liability claim. Many dangerous products remain on the market for years before a recall is issued—and some are never formally recalled at all. A manufacturer may still be legally liable if the product was defectively designed, improperly manufactured, or sold without adequate warnings.

Is there a deadline to bring a claim involving a child’s injury or death?

Yes. Every state has statutes of limitations that limit the time to file a lawsuit. In many states, special rules may extend or “toll” deadlines when the injured person is a minor, but these rules vary significantly nationwide. Because critical evidence can be lost over time, it is important to speak with counsel as soon as possible to protect your rights.

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