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Some neck floats, inflatable plastic rings worn around a baby’s neck, permit babies to float in the water freely. They can be marketed for premature infants or even as young as two weeks old. Parents and caregivers use the products during babies’ baths or when their baby is swimming as a physical therapy intervention because they have developmental disabilities or delays. Some manufacturers claim that using these neck floats allows for increased lung capacity, muscle tone, flexibility and motion range, and stimulation of the brain and nervous system. They claim they can build strength or promote development, but these claims are not fully supported.
The U.S. Food and Drug Administration (FDA) has warned parents and others not to use neck floats with babies, even for therapy, especially when babies have developmental delays or special needs, such as cerebral palsy, spina bifida, Downs syndrome or spinal muscular atrophy type 1. Using floats can lead to death or severe neck strain and injuries.
If a neck float injures your baby, you should report this to the FDA so that the agency can identify whether there are defects and track the dangerousness of the product. However, your report alone may not provide you with the treatment you may need to secure for your baby. You should call our lawyers about whether you have grounds to bring a product liability lawsuit for damages.
Product Liability Lawsuits for Baby Neck Floats
The FDA is aware of companies that marketed neck floats without FDA approval or clearance. The agency has let the company know about its concerns and is monitoring promotional materials for the neck floats to determine whether there is more cause for concern. It has been reported that risks of baby neck floats include drowning deaths, strains, and neck injuries.
Babies who have special needs may suffer catastrophic injuries as a result of neck floats, even if, so far, these appear rare. The risks of using baby neck floats include death due to drowning and suffocation, strain, and injury to a baby’s neck.
While the FDA believes that death or severe injury from neck floats is rare, health care providers, parents, and caregivers should know that these events can and do occur. It is also possible that some cases have not been reported to the FDA. Suppose your baby was injured or died while using a neck float. In that case, you should provide a report through the FDA’s Safety Information and Adverse Event Reporting specifying the device name, the manufacturer’s name, and details of what happened, including any surgical interventions. However, making this report may be insufficient if your child has significant medical bills or there are other losses. You may be able to recover damages in a product liability lawsuit.
Our lawyers may be able to file a lawsuit on your behalf if the baby neck float that caused your child’s injuries has design, manufacturing, or marketing defects. These lawsuits can be pursued under different theories depending on the state in which the lawsuit is brought. There may be a basis to sue under theories of negligence, breach of warranty, breach of contract, strict liability, or a consumer protection statute.
Call Moll Law Group About Your Baby Neck Float Claim
Suppose a baby’s neck float injured your baby. In that case, it is crucial to call the seasoned Chicago-based product liability lawyers of Moll Law Group. Our lawyers represent children and their families around the country. Please complete our online form or give us a call at 312.462.1700.