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Boppy Newborn Recall Lawsuit

The Boppy Company, following directives from the US Consumer Product Safety Commission, has recalled over three million Newborn Loungers for infants due to a suffocation hazard. 

The pillows meant for babies have resulted in the death of eight infants from 2015 to 2020. The recall affects pillows purchased across the US between January 2004 and September 2021. Parents of babies who died while using the Newborn Loungers have filed Boppy newborn lawsuits against the Boppy Company for compensation.

Boppy Newborn Recall Lawsuit

The Boppy Company, following directives from the US Consumer Product Safety Commission, has recalled over three million Newborn Loungers for infants due to a suffocation hazard. 

The pillows meant for babies have resulted in the death of eight infants from 2015 to 2020. The recall affects pillows purchased across the US between January 2004 and September 2021. Parents of babies who died while using the Newborn Loungers have filed Boppy newborn lawsuits against the Boppy Company for compensation. 

Boppy Baby Loungers Resulting in Infant Suffocation

Boppy Newborn Loungers may lead to infant suffocation if babies roll over or sleep in a posture that restricts airflow or if they roll off the pillow onto a surface (soft bedding) that restricts their breathing. As such, the US Consumer Product Safety Commission has directed a recall of 3.3 million Boppy infant pillows. 

The agency has also warned parents to stop purchasing and using infant loungers. These directives came on the heels of eight infant deaths resulting from using the Newborn Loungers. 

Parents of the infants claim they placed the babies on the loungers in safe positions; however, they fell asleep and turned to sleep postures that obstructed their airways and caused fatalities. 

US CSPC Cautions Against Pillow-like Accessories for Infants

Alongside the Boppy Newborn Recall, the US CPSC has cautioned against using pillow-like accessories for babies, as they’re unsafe because of their plush nature. 

These products’ design makes it easy for newborns to fall asleep and roll over to positions that may lead to suffocation. 

Instead of these plush loungers, parents should place infants on hard, flat surfaces without beddings or restrictions that limit their movement. Parents should also not add pillows, blankets, padded crib bumpers, and other plush materials to a baby’s sleeping space. 

The first Newborn Lounger infant death occured in 2015; however, the Boppy Company failed to recall its products or redesign them despite being aware of the risks the pillows posed. The company eventually recalled the Boppy Newborn loungers in 2021 after seven other children had died. 

However, this recall isn’t the first by the Boppy Company. In 2019, the infant lounger manufacturer recalled Boppy Infant Head and Neck Support products. 

The company also claims it never marketed its loungers as a sleeping surface for infants. Regardless, affected parents have filed Boppy newborn lawsuits for financial (medical and funeral bills) and emotional damages (pain and suffering and death of their child) under product liability and wrongful death lawsuits. 

Which Boppy Newborn Loungers Did the Boppy Company Recall?

Boppy Newborn Loungers affected by the Boppy newborn lawsuit recall include:

  • Pottery Barn Kids Newborn Lounger
  • Boppy Original Newborn Lounger
  • Boppy Preferred Newborn Lounger

The company is recalling these products from retailers, including Target, Amazon, Walmart, and Pottery Barn Kids. However, the Boppy Nursing Pillow and other Boppy products aren’t part of the recall. 

The US CSPC notes that the affected products consist of overstuffed materials that could force a newborn’s head into sleeping positions that threaten proper breathing. 

These products’ overstuffed cushions create a dangerous sleep environment for babies. However, the Boppy Company says it provides specific instructions on the products’ use to minimize risk. 

Regardless, since babies fall asleep spontaneously, a safer product design would have been a less risky alternative. 

The US Places Federal Ban on Infant Sleep Products for Children Below Five Years

The United States banned sleep products for children under five years old on May 16, 2022. While this legislation will limit infant suffocation, several plush infant pillows still exist in stores and homes across America. 

As such, alongside the ban, American parents should stop purchasing and using these loungers. 

CSPC Bans Inclined Baby Sleepers and Introduces New Federal Safety Standards

The CSPC banned Inclined baby sleepers that aren’t on a hard, flat surface in retail stores and marketplaces in June 2021. 

Alongside the prohibition, the agency also introduced new federal safety standards surrounding inclined sleepers. 

The ban affects inclined rockers, swings, bassinets, gliders, and other infant pillows that manufacturers have not voluntarily recalled. 

Some of the affected products include: 

  • Baby Delight Nestle Nook Comfort – Plush Infant Napper
  • Baby Delight Go With Me – Sway Portable Infant Rocker
  • Chicco Lullaby Dream Playard’s inclined napper insert
  • Evenflo Pillo Portable Napper
  • SwaddleMe By Your Bed Sleeper 
  • Hiccapop DayDreamer

US CPSC Sues Oklahoma-based Leachco

In February 2022, the US CPSC sued Oklahoma-based Leachco over the company’s reluctance to recall about 180,000 infant pillows that resulted in the suffocation of two babies in 2015 and 2018. The two infants were 17 days and four months old, respectively. 

The lawsuit follows an earlier three-week CPSC warning to parents regarding using the Bummzie and Podster Playtime, Podster Plush, and Podster baby pillows. 

The agency had cautioned that the loungers could force sleeping children into a position that obstructs airflow into their nose or mouth. The CSPC also wants Leachco to notify consumers of its products’ dangers and offer refunds to victims. 

However, the company has resisted government efforts for a recall, insisting that it did not intend for its products to be unsupervised sleep areas. Since 2009, Leachco has sold about 180,000 infant loungers. 

Consumer group, Kids in Danger, applauded the CSPC’s actions, calling for families that have purchased these products to stop using them immediately. 

Consumer Federation of America also counseled the CSPC to use all its tools to remove plush infant pillows from marketplaces and American homes. However, Juvenile Products Manufacturers Association has called the CSPC’S actions a “regulatory overreach.” 

The association also noted that the federal agency should focus on educating parents and caregivers on using infant pillows as intended by manufacturers. 

Who Can File a Boppy Newborn Lawsuit?

Parents of babies who suffered injuries or died while sleeping on Boppy Newborn Loungers can file Boppy newborn lawsuits. The Boppy Company is also offering refunds to consumers that purchased the harmful products. 

However, the affected caregivers must follow a series of processes to qualify. 

The procedures include: 

  • Complete a form on the Boppy Company’s pillow reform web page
  • Provide the product’s date code and item number or UPC
  • Send a picture of the Boppy pillow cut in half via email, text, or mail
  • Provide the product’s receipt

What's the Status of Boppy Newborn Recall Lawsuits?

  1. The Boppy newborn lawsuits are still in their early stages, with attorneys investigating their clients’ potential claims. 

    If your baby was a victim of injuries from Boppy Newborn Lounger, you need to file a lawsuit immediately to qualify for a claim. However, there’s a time limit to filing claims against the company, and you’ll lose your right to compensation if you file your Boppy newborn lawsuit after this period.

Boppy Infant Head and Neck Support Recall

The Boppy Company recalled 14,000 Head and Neck Support products in July 2019 after three babies had their heads pushed forward from chin to chest while laying on the accessories. 

The affected products include Original Newborn Loungers Boppy Head and Neck products, with model numbers 4150114 and 4150117, sold in heathered gray and ebony royal colors. These Head and Neck Supports are also popular accessories for swings, strollers, and bouncers. 

The recall announcement stated that the pillow support region of the products consists of overstuffed cushions that may tilt the child’s head too far forward and cause suffocation. 

Some of the retailers affected by the recall are Target, Amazon, and Buy Buy Baby. If you purchased a Boppy Head and Neck accessory for your infant from any of these stores, you should contact the Boppy Company immediately for a refund.

Other Baby Lounger Recalls

Besides recalls involving the Boppy Company, there have been several other infant pillows recalls in the US in the last few years. 

Some of them include: 

  • Evenflo Pillo Portable Nappers
  • Delta Children Deluxe 3-in-1 Activity Rocker, Feeder, and Sleeper
  • 3-in-1 Activity Rocker, Feeder, and Incline Sleeper
  • Beautyrest Beginnings Incline Sleeper with Adjustable Pillow-Like Products for Newborns
  • Graco Little Lounger Rocking Seats
  • Simmons Kids Beautyrest Deluxe 3-in-1 Activity Rocker, Feeder, and Sleeper
  • Fisher Price Rock-n-Play Sleepers
  • Disney Baby Minnie Mouse Incline Sleeper with Adjustable Feeding Position for Newborns
  • Kids II Infant Sleepers
  • SwaddleMe By Your Bed Sleepers 

How Pediatricians Reacted to the Boppy Recall

Pediatricians have consistently warned against inclined infant pillows because of the risk of suffocation. 

In 2019, the American Academy of Pediatrics (AAP) cautioned that the CSPC April 2019 alert was not strict enough. 

It also requested that the agency immediately recall all inclined sleepers based on the Consumer Reports Study and the AAP’s counsel on adding blankets for sleep positioning.

Defective Products and Manufacturer Responses

Injuries from using newborn loungers and other defective products often result in manufacturers defending lawsuits to avoid damages to the company’s market share and reputation. 

These defenses typically include recalling, repairing, or replacing hazardous products or components. 

Generally, product liability laws address three significant flaws, such as manufacturing, marketing, or design defects. 

  • Design Defects 

Design defects arise from faulty product designs or issues with the accessory that the manufacturer did not address during the design stage and before manufacturing. 

  • Manufacturing Defects 

Some companies may design their products correctly, but mistakes during manufacturing may cause defects that lead to a product’s malfunction. 

Some manufacturers may notice manufacturing defects during product testing but fail to correct them. 

  • Marketing Defects 

Marketing defects include failure to warn about the potential risk of using the product and inaccurate or false caution on warning labels. 

Products are defective if they can cause unreasonable dangers to consumers who use them according to the directives and warnings of the manufacturers.

Defective Infant Lawsuits

You can file a defective Infant lawsuit, such as a Boppy newborn recall lawsuit, based on the hazards associated with purchasing and using the product. 

Generally, you can sue for: 

  • Defective Product Design: Strict product liability deals with accessories that are unsafe in manufacturing, design, or sale. 
  • Failure to Warn: Little or no caution about the hazards related to the product that the manufacturer should have known about. 
  • Consumer Fraud for Deceptive Trade Practices: Deceptive trade practices Involve misinforming or misleading product consumers. An example of a deceptive trade practice is false advertising. 
  • Breach of Warranty: Product doesn’t live up to manufacturer, wholesaler, or retailer’s claim regarding safety. 

Negligent and Fraudulent Representation: The manufacturer did not uphold owed duty of care to consumers by ensuring reasonable product design and manufacture.

Drawbacks to Boppy Newborn Recall Lawsuits

Defective product litigations are often complex, time-consuming, and expensive. They can also involve drawn-out trials that can be stressful for victims, especially those who experienced the death of a loved one. 

Typically, manufacturers owe consumers a duty to ensure products’ manufacturing processes and the products are safe. 

As such, strict liability legislation enables defective product victims to sue companies or retailers of damaged products. However, an experienced attorney is also crucial to the success of product liability litigation. 

Stream of Commerce Theory

The stream of commerce theory dictates that individuals who participated in manufacturing and marketing a defective product are strictly liable for any damage inflicted by the product. 

However, identifying liable parties and the steps taken to produce the damaged product in a defective product lawsuit requires due diligence. Generally, the liable individuals include: 

  • The product’s manufacturer
  • The manufacturer of a vital ingredient used in creating the product
  • Companies responsible for assembling the product 
  • Wholesalers 
  • Retailers
  • Advertisers 

Since multiple parties are responsible for defective products, you can take legal action against any or all of them. For example, you can name Amazon or Walmart as a party in a Boppy newborn recall lawsuit.

Negligence

Negligence legislation is often at the state level, and you must prove your claim to earn compensation. That said, personal injury litigations are typically complicated because manufacturers are liable under different state and federal principles. 

As such, victims of defective products, such as Boppy Newborn Loungers, need the assistance of an attorney to get their settlements. Parents with children that suffered injuries from Boppy Newborn Pillows can name any of the liable parties in their lawsuit.

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