Legal Recourse for Victims of Entrapment and Asphyxiation Hazards
Essential Medical Supply, Inc., based in Orlando, Florida, has reissued a recall for several models of its Endurance Hand Bed Rails due to serious safety hazards that have resulted in fatal incidents. The recall affects approximately 272,000 units and concerns four specific models: the Hand Bed Rail (model P1410), Hand Bed Rail with Pouch (model P1410-P), Hand Bed Rail with Floor Support (model P1411), and Hand Bed Rail with Floor Support with Pouch (model P1411-P). These products were first recalled in December 2021 following reports of entrapment and asphyxiation that led to the death of an elderly man. Since that time, two additional deaths have been reported, prompting this renewed call to action.
The risk posed by these bed rails is significant: they can create gaps when attached to an adult’s bed, potentially trapping a user between the rail and the mattress or within the rail itself. This poses an entrapment hazard and a risk of death by asphyxiation. The U.S. Consumer Product Safety Commission (CPSC) and Essential Medical Supply urge consumers to immediately cease using these rails and to check for them in both personal residences and assisted living facilities.
The Dangers of Faulty Bed Rails
When products designed to aid mobility and safety instead pose risks, the consequences can be grave. In the cases reported, elderly individuals were trapped by the rails, leading to their deaths due to asphyxiation—a stark reminder of the potential dangers associated with improperly designed or manufactured safety equipment. These incidents not only highlight the risks of physical injury but also underline the emotional and psychological toll on families and caregivers.
Legal Recourse for Victims and Families
Families of victims or individuals who have suffered due to these defective bed rails may be eligible to file a product liability lawsuit. Such actions require demonstrating that the bed rail was defective and directly caused the injury or death. This process involves collecting evidence, including medical records, eyewitness accounts, and expert testimony on the product’s safety and the nature of the injuries caused.
Navigating a product liability case can be complex and challenging, particularly when it involves gathering technical evidence and arguing against well-funded corporate legal teams. An experienced attorney can manage the legal process, ensuring that victims or their families present a compelling case and meet all legal standards and deadlines. A lawyer can also handle negotiations for settlements or, if necessary, take the case to trial to seek appropriate compensation.
In cases of product liability that result in injury or death, plaintiffs may recover damages for medical expenses, funeral costs, pain and suffering, loss of companionship, and punitive damages, if negligence can be proven. These compensations aim to cover both economic and non-economic losses, providing financial support and acknowledging the emotional impact of the loss.
