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URGENT: 5 Infant Deaths and a Lawsuit (Finally) Result in Dangerous Product Recall

Posted by Scot D. Goldberg | Jun 17, 2013 | 0 Comments

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In what can easily be summed up with the term, “it's about time”, the Consumer Product Safety Commission, (CPSC), announced on June 14th a voluntary recall of the Nap Nanny and Nap Nanny Chill Infant Recliners by Baby Matters, LLC.

Calling this a voluntary recall is a bit of a stretch, however. Baby Matters, LLC, the manufacturer of the products, only agreed to the recall as part of a legal settlement of a lawsuit filed by the CPSC in December 2012. That filing called for a mandatory recall of the dangerous products.

Beginning in 2009, the CPSC has received reports of at least 92 incidents involving the Nap Nanny and Nap Nanny Chill infant recliners, including 5 of those which resulted in fatalities. The reported incidents detail how infants can end up hanging or falling over the side of the products – even when restrained within the product's harness system.

There were about 165,000 of the Nap Nanny and Chill recliners sold between 2009 and 2012, which retailed for about $130.00. They were sold at toy and children's retail stores across the US and also online, including on www.napnanny.com. Because Baby Matters, LLC, is no longer in business, people who own one of these 2 products are urged to contact the retail outlet where they bought them.

The administrative complaint filed by the CPSC in December of last year sought a recall of the 2 infant recliners, alleging they both created a “substantial product hazard”. Baby Matters LLC, of Berwyn, PA., disputed those allegations, but has now agreed to the recall in an agreement that dismissed the CPSC lawsuit.

92 reports of incidents – not to mention those that may have gone unreported – and the deaths of 5 kids, and the manufacturer disputed the safety and design of their product? Hard to imagine. Our personal injury law firm is all too familiar with the huge variety of dangerous and unsafe products out there, and frankly, many of them are recalled without ever causing a serious injury. Meaning the manufacturer or importer realized the deficiencies and potential hazards of the product, and acted accordingly. It seems unconscionable that after such an overwhelming preponderance of reported incidents causing injuries and even death, a product's manufacturer would “dispute” claims brought by the CPSC.

If you or someone you love has suffered an injury caused by a dangerous consumer product, call 239-461-5508 to sit down with us and talk about your case. It won't cost you a dime, and we can help you determine if you may have a case for financial compensation for your injuries, pain and suffering, lost wages and medical treatments.

About the Author

Scot D. Goldberg

Local People. Local Practice. Local Knowledge. Scot Goldberg is a founding partner of the Goldberg Law Firm. See his attorney profile for more information.

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