What's the Problem?
According to the lawsuit, Guardian Natalie Del Real-Trujillo used a BabyBjörn Original Baby Carrier to carry her daughter, "O.T.", beginning in 2012, from the time she was about 6 weeks old on a daily basis, often multiple times per day, and often for extended periods of time during each use, until the baby was about 6 months old.
Defendant BabyBjörn maintains that the Original Baby Carrier was developed in the early 1970s in close cooperation with pediatric orthopedists. BabyBjörn initially called the product the Hjartenara (“Close to the Heart”) Carrier, but later changed the name to Baby Carrier Original. The design of the carrier has not changed since its introduction in 1973, according to the lawsuit.
Despite Natalie using the BabyBjörn Original Baby Carrier in a manner consistent with the instructions provided by the defendants, O.T. developed hip dysplasia as a result of the defective design of the carrier, according to the suit.
As a result of her condition, O.T. underwent surgery and was placed in a body cast at 1 year of age. She allegedly remained confined to the cast for 3 months. O.T. then had a pelvic osteotomy (shaving of the left hip bone) and was hospitalized for 3 days, after which she was put in another body cast for 6 weeks, followed by a body brace for 6 additional weeks. Finally, O.T. was forced to undergo a third surgery to remove the plates and screws, according to the lawsuit.
"As a result of her confinement, in addition to other sequelae of hip dysplasia, Plaintiff O.T. suffered delayed development of her fine motor skills, including delayed speech," the complaint states.
The lawsuit further alleges that:
- BabyBjörn had a duty to individuals, including Plaintiff, to use reasonable care in designing, testing, manufacturing, marketing, labeling, packaging, and selling the Baby Carrier.
- BabyBjörn’s duty of care to Plaintiff O.T. was heightened since she is
a child. - BabyBjörn was negligent in failing to use reasonable care in designing,
testing, manufacturing, marketing, labeling, packaging and selling the Baby Carrier. - BabyBjörn was negligent in failing to use reasonable care to see that
the Baby Carrier was safe for its intended use. - BabyBjörn knew or had reason to know that the Baby Carrier was
dangerous when put to the use for which it was made. - BabyBjörn knew or had reason to know that those for whose use the
Baby Carrier was made would not realize the danger. - BabyBjörn failed to use the amount of care in designing the Baby
Carrier that a reasonably careful designer/manufacturer would use in similar
circumstances to avoid exposing others to a foreseeable risk of harm. - BabyBjörn’s negligence was a substantial factor in causing Plaintiff’s
harm.
"As a direct and proximate cause of BabyBjörn’s negligence, Plaintiff has suffered and in the future will continue to suffer on an ongoing basis severe personal injuries, pain and suffering, severe emotional distress, financial or economic loss, including, but not limited to, obligations for medical services and expenses, lost income and earning capacity, and other damages," the complaint states.
The lawsuit is: O.T., through her guardian ad litem vs. Babybjorn Inc. Case No. 2:20-cv-4517.
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See all defective product claims we're currently accepting.
Do I Have a BabyBjörn Baby Carrier Lawsuit?
The Products Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in BabyBjörn Baby Carrier Lawsuits. We are handling individual litigation nationwide and currently accepting new injury cases in all 50 states.
If your child or other loved one developed hip dysplasia after being carried in a recalled baby carrier, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.
