CPSC and The Boppy Company Implore Consumers to Cease Use of Recalled Boppy Newborn Loungers and Online Marketplaces to Desist from Sales; Two More Infant Deaths Reported Post 2021 Recall
On June 06, 2023, the U.S. Consumer Product Safety Commission (CPSC) in conjunction with The Boppy Company, located in Golden, Colorado, strongly advises consumers to immediately discontinue use of the recalled Boppy Original Newborn Loungers, Boppy Preferred Newborn Loungers, and Pottery Barn Kids Boppy Newborn Loungers and to take part in the recall. The Newborn Loungers were subject to recall in September 2021 due to an identified risk of infant suffocation if they shift, move, or are positioned on the lounger in a manner that impedes breathing, or roll off the lounger onto an external object, such as an adult pillow.
Despite the loungers being illegal for sale since their recall, CPSC and Boppy have repeatedly requested Facebook Marketplace and other online platforms to withdraw the recalled products still listed for sale on their sites. Selling or donating a CPSC recalled product via any means, including online marketplaces, is illegal.
Following the recall in September 2021, there have been two subsequent fatalities involving infants and the Newborn Loungers. In an incident in October 2021, an infant placed on the lounger for sleep rolled under an adjacent adult pillow, leading to positional asphyxia, the cause of death. In another incident in November 2021, an infant placed on a Newborn Lounger in an adult bed with a parent and soft bedding was later discovered dead on the lounger. The cause of death in this case was undetermined.
The CPSC and Boppy Company urge consumers to cease using the recalled Newborn Loungers and join the recall. Consumers can reach out to The Boppy Company for guidance on discarding the product and claiming a refund. Contact The Boppy Company, or visit www.boppy.com and click on “Product Recalls” for further information.
The CPSC emphasizes that the safest place for an infant to sleep is on a firm, flat surface in a crib, bassinet, or play yard. It advises parents and caregivers against adding blankets, pillows, padded crib bumpers, or other items to an infant’s sleep environment. Infants should always be laid on their backs to sleep.
Please visit www.cpsc.gov/commissioners for individual Commissioner’s statements related to this or other topics.
Pursuing Legal Action for Harm Caused by a Product
In circumstances where a product, such as the Boppy Newborn Lounger, results in harm, the law provides grounds to file a lawsuit seeking financial recompense for the damages sustained. This is typically managed under the realm of product liability law which holds manufacturers, distributors, retailers, and other supply chain entities accountable for the provision of faulty or unsafe products.
The primary step towards initiating a lawsuit is to consult a product liability lawyer. These legal experts can navigate you through the intricate legal landscape and assess the legitimacy of your claim based on the severity of the injury, your personal losses, and the causative link between the product and the injury. Essential to the lawsuit will be evidence of harm directly resulting from the product’s use, often validated through medical documentation or professional testimonies.
Potential damages you may be entitled to could include compensation for medical expenses, loss of earnings due to an inability to work, pain and suffering, and in some tragic cases, wrongful death. In the case of the Boppy Newborn Lounger, if it can be demonstrated that an infant’s injury or death was directly attributable to the product, parents or guardians could potentially recover substantial compensation.
Remember, these companies have a responsibility to ensure the safety of their products and any failure to do so that results in harm gives rise to legal recourse. Therefore, if your child has been affected by a faulty or unsafe product such as the Boppy Newborn Lounger, don’t hesitate to seek legal advice promptly. Your action could not only lead to compensation for your family but also contribute to holding companies accountable, thereby protecting future families from similar tragedies. Our national product liability law firm is ready to listen to you and help you understand your legal rights.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Were you or a loved one harmed by a dangerous product? Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous products. For your free consultation, contact our national product liability law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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