Risk of Suffocation
Babies can be suffocated when placed in a Boppy or another infant lounger in a position that allows them to move or roll. They can also suffocate if they roll off a lounger onto another surface such as soft bedding or pillows on an adult bed. According to the CPSC, between December 2015 and June 2020, 8 infants suffocated after they were set on their stomachs, sides, or backs in Boppy loungers. They were discovered lying on their stomachs or sides.
Three million loungers for infants and newborns were recalled on September 23. In the United States, 3.3 million loungers have been sold in the United States. In Canada, Boppy sold 35,000 of these loungers. The loungers cost between $30-$44. They were sold January 2004 – September 2021.
The CPSC Acting Chairman specified that loungers and pillow-like products are not appropriate for infant sleep, but also said the recalled Boppy lounger products were too risky to stay on the market. Parents should be aware that suffocation occurs quickly. It can result in infant death; it could also result in brain damage based on oxygen deprivation.
Product Liability Lawsuits
As a parent, you should be able to assume that a product for your child is safe for its intended use. When a child is injured or killed due to a defective Boppy lounger, her parents may be able to sue the manufacturer for damages. Each state has its own rules for wrongful death lawsuits. In Illinois, a wrongful death is one brought under the wrongful death statute, 740 ILCS 180/1. A wrongful death is one in which someone dies as the result of another’s wrongful act, neglect or default.
Wrongful death claims can be pursued in any situation where the person who died could have brought a personal injury lawsuit had he or she survived. So, for instance, it may be appropriate for Illinois parents to ask the court to appoint them personal representatives of their baby’s estate. They can file a wrongful death lawsuit against the manufacturer and others in the chain of distribution.
Products can be defective in terms of their marketing, manufacturing or design. Generally, marketing defects involve failures to prove adequate instructions or warnings with products. Design defects are those involving flaws in a product’s original design. Marketing defects involve failures to provide adequate instructions or warnings with a product.
In this instance, our lawyers would look at whether the warnings attached to the particular Boppy lounger at issue was adequate to warn you of the risks to your baby. Depending on the state law that applies, it may be appropriate to sue under theories of strict liability, breach of warranty, and negligence or for statutory remedies.
Consult a Seasoned Product Liability Attorney
The tragic loss of a baby can be difficult to bear, particularly when it was preventable. If your child died because of suffocation in a Boppy lounger, you should discuss your situation with the experienced Chicago child injury attorneys of the Moll Law Group. We represent families around the country in product liability lawsuits. Billions have been recovered in cases with which we’ve been involved. Contact us online or call us at 312.462.1700.