The product liability lawyers at Pond Lehocky Giordano are handling injury and death lawsuits on behalf of parents who have experienced suffering and tragedy due to unsafe newborn loungers and pillows. Following reports of suffocation linked to the Boppy Newborn Lounger, the Consumer Product Safety Commission (CPSC) issued a notice in September 2021 urging parents to immediately stop using this product. According to an investigation conducted by NBC News, at least 25 infant deaths have been tied to the Boppy from December 2015 to November 2021. The victims were all under one year old. In response to the CPSC’s warning, the Boppy Company recalled 3.3 million newborn loungers.
The Boppy Company is not alone in designing, marketing, and selling unsafe pillows for newborns and infants. In a briefing published in November 2023, the CPSC “identified at least 79 reported fatalities involving infant support cushions from January 1, 2010 through December 31, 2022, as well as 125 nonfatal incidents” within the same period.
You may be eligible to file a lawsuit if your newborn or infant has experienced significant or fatal injuries due to poorly designed newborn or infant pillows. Our expert team of product liability lawyers is dedicated to ensuring that you receive the maximum compensation possible for your pain, suffering, and medical bills. With over 250 years of combined courtroom experience and a track record of over 100,000 successful cases, the seasoned trial lawyers at Pond Lehocky Giordano LLP are more than qualified to represent you in court.
To schedule a free, no-obligation consultation with our legal experts, call 1-800-568-7500 or fill out our contact form today.
What products were named in the Boppy Company recall?
In September 2021, the CPSC and The Boppy Company issued a voluntary recall on over 3.3 million newborn loungers. Three products were named in the recall:
- Boppy Preferred Newborn Lounger
- Boppy Original Newborn Lounger
- Pottery Barn Kids Newborn Lounger
These loungers, which were sold between January 2004 and September 2021, were available nationwide in physical stores and online retailers like Amazon, Target, Walmart, and Pottery Barn Kids.
Unfortunately, these products can still be found for sale on sites like eBay and Facebook Marketplace. Many parents may still be using these products to this day. Although efforts are being made to curtail their sale on these third-party platforms, these products can still be easily found and purchased.
What makes the Boppy Newborn Lounger pillows so dangerous?
In an effort to understand and mitigate the risks associated with infant sleep products, the CPSC undertook a critical study. When this comprehensive study was published in October 2022, its findings shed light on the grave dangers posed by seemingly innocuous infant loungers. Specifically, the study highlighted three primary ways that these products can lead to serious injury and death for infants.
Suffocation Due to Rolling or Turning
The study found that a significant number of infant deaths associated with loungers resulted from suffocation. This can occur when an infant, either by their own movement or due to the soft, yielding nature of the lounger, ends up rolling over or turning their face into the cushioned surface. Infants, particularly those under four months of age, lack the neck strength and motor control to reposition themselves if their breathing becomes obstructed. This vulnerability can turn a moment of inattention into a devastating loss. The plush surface of a lounger, while seemingly comfortable, can form a seal around the infant’s mouth and nose, cutting off their air supply.
The CPSC study also highlighted instances where infants rolled off the loungers onto softer surfaces, such as pillows or blankets placed on the floor, and subsequently suffocated. This risk is particularly pronounced in environments where the lounger is placed on an elevated surface, or when extra bedding, stuffed toys, or other soft materials are nearby. The fall itself might not cause injury, but the suffocation hazard arises when the infant’s face becomes trapped against a soft object or surface, preventing breathing.
Positional Asphyxia from Slouching or Arching
The CPSC study also identified positional asphyxia as another significant danger. This condition occurs when an infant slouches down or arches backward in the lounger, causing their chin to press down on their chest. This position can compress the infant’s airway, making it difficult or impossible for them to breathe. The danger is compounded by the soft and unstructured design of many loungers, which do not provide the support necessary to keep an infant’s airway open. As infants can often move into these dangerous positions unnoticed, the risk of positional asphyxia is a silent but deadly threat that all parents and caregivers need to be aware of.
Implications of the CPSC Infant Sleep Products Study
The CPSC’s findings are a sobering reminder of the importance of adhering to safe sleep guidelines, which advocate for placing infants on their backs, on a firm, flat surface devoid of any soft bedding or objects. The study underscores the reality that products marketed for infant sleep or relaxation, such as the Boppy Newborn Lounger, can carry significant risks if not used in accordance with strict safety standards.
This study has fueled discussions among manufacturers, regulatory bodies, and the public about the design and marketing of infant sleep products. Calls for stricter regulations and standards to ensure that all products intended for infant sleep are safe and do not pose a risk of suffocation or positional asphyxia culminated in the implementation of the CPSC’s Safe Sleep for Babies Act, which expanded on their 2022 Infant Sleep Products Rule. This act aimed to ban crib bumpers and inclined infant sleepers (like the Fisher-Price Rock n’ Play, which had also been recalled after being linked to over 100 infant deaths) while expanding their enforcement powers to products intended to provide sleeping accommodations for infants up to 1 year old. Previously, the 2022 Infant Sleep Products Rule was limited to products designed for infants up to 5 months old.
Legal and Safety Recommendations for Infant Sleep Products
For parents and caregivers, the CPSC’s studies and recommendations serve as crucial sources of information and guidance. It highlights the need for vigilance in adhering to recommended safe sleep practices and the importance of being informed about the potential risks associated with various infant products.
From a legal standpoint, the CPSC’s studies and recommendations play a vital role in product liability cases. They provide a foundation of evidence for arguing that certain products are inherently dangerous and that their design, instructions, or warnings are inadequate in preventing infant fatalities. This evidence can be pivotal in pursuing justice for families who have suffered unthinkable losses due to these products.
Filing a Boppy Newborn Lounger Lawsuit
Filing a lawsuit in the wake of an injury or, tragically, the death of an infant due to a Boppy Newborn Lounger Pillow involves several critical steps. First and foremost, it is essential to gather all evidence related to the incident. This evidence can include the product itself, medical records detailing the injuries sustained, any communication with the product manufacturer, and photographic evidence of the incident scene.
Next, consult with a product liability lawyer who specializes in cases involving infant products. These legal professionals can offer invaluable advice on the viability of your case and the best course of action. They will also handle the filing of the lawsuit on your behalf, ensuring that all procedural requirements are met, and deadlines are adhered to.
Why file a Boppy pillow product liability lawsuit?
There are many valid and worthwhile reasons to pursue a Boppy pillow lawsuit.
- First and foremost, it serves as a pursuit of justice and closure for the harm inflicted upon your child and family.
- These lawsuits can also provide financial compensation to cover medical bills, funeral expenses, and the emotional distress suffered by the family.
- Beyond the personal scope, filing a lawsuit also acts as a powerful deterrent, sending a clear message to manufacturers about the paramount importance of product safety. It can drive companies to implement more rigorous safety standards, thus preventing future incidents.
- Finally, a lawsuit can bring about greater public awareness of the dangers associated with certain products, encouraging more informed decisions by consumers and potentially saving lives.
We understand just how fraught and difficult this time must be. With Pond Lehocky Giordano, you can rest assured that we will make the legal process as smooth as possible so that you can focus on you and your family’s physical, emotional, and financial well-being.
What to Look for in a Boppy Pillow Lawyer
Selecting the right lawyer to handle your case is critical. When looking for a lawyer to represent you in a Boppy pillow lawsuit, consider the following qualities:
Specialization in Product Liability: The lawyer should have a strong background in product liability law, with specific experience in cases involving infant products. This specialization ensures they are familiar with the nuances and complexities of these types of cases.
Experience and Track Record: Look for a lawyer with a proven track record of success in product liability cases. Their experience can give you insight into their capability to handle your case effectively.
Compassion and Understanding: Given the sensitive nature of Boppy lounger lawsuits, it’s vital to find a lawyer who approaches your case with compassion and understanding. You want someone who acknowledges the emotional weight of your situation and is committed to supporting you throughout the process.
Resources and Expertise: Effective product liability litigation often requires resources such as access to experts in product design, child safety, and medical fields. Ensure your lawyer has the means to leverage these resources to strengthen your case.
Communication: Choose a lawyer who communicates clearly and keeps you informed throughout the legal process. A good lawyer will make themselves available to answer your questions and provide updates on your case.
Boppy Pillow Lawsuit Frequently Asked Questions
Is it safe for infants to sleep on Boppy lounger pillows?
It’s important to note that Boppy Newborn Loungers and infant nursing pillows are not designed with infant sleep in mind. Their use for sleeping can lead to severe injuries or even fatalities if not used according to their intended purpose.
Which models of Boppy loungers have been recalled?
Recalled models include the Boppy Original Newborn Lounger, Boppy Preferred Newborn Lounger, and the Pottery Barn Kids Boppy Newborn Lounger. The recall stems from many reports of infant injuries and deaths, and the CPSC has urged caregivers to discontinue their use immediately to ensure infant safety.
How extensive was the Boppy Newborn Lounger recall?
In September 2021, approximately 3.3 million Boppy loungers were recalled. These products were available at several major retailers, including Walmart, Target, Pottery Barn Kids, and Amazon.com. These products can still be found on third-party platforms like eBay and Facebook Marketplace to this day.
What should I do if I own a Boppy Newborn Lounger?
If you have one of the recalled Boppy Newborn Loungers, you should immediately stop using it. The Boppy Company is offering refunds to consumers who purchased a recalled lounger. You can initiate the refund process by contacting The Boppy Company directly at their customer service number at (800) 416-1355.
Do I need a lawyer to file a lawsuit involving the Boppy Newborn Lounger?
If your child was harmed or tragically lost due to a Boppy Newborn Lounger, seeking legal advice is a prudent step. A qualified attorney can file your lawsuit and compile the necessary evidence to support your case. They will aim to secure a settlement outside of court or represent you during trial proceedings if needed.
With our decades of combined experience representing clients harmed by deadly products made by negligent companies, Pond Lehocky Giordano is more than qualified to fight on your behalf.
How much does it cost to hire a lawyer for a Boppy Newborn Lounger lawsuit?
Most lawyers handling cases related to Boppy Newborn Lounger incidents, particularly those affiliated with Pond Lehocky Giordano, operate on a contingency fee basis. This arrangement means you won’t incur any upfront costs for their services. Payment to your lawyer is contingent upon the successful resolution of your case, ensuring that your focus remains on seeking justice without the burden of immediate legal fees.
Talk to a Lawyer About Your Boppy Newborn Lounger Lawsuit
If your child has experienced significant injuries or died as a result of dangerous infant support cushions, our product liability lawyers can help you decide on the right course of action and figure out if you are entitled to compensation from the product’s manufacturer, retailer, or other involved parties. We offer free consultations with our attorneys so that we can help you better understand your legal options and the strength of your case. For more information, call Pond Lehocky Giordano LLP at 1-800-568-7500 or fill out our contact form today.
