You may be entitled to compensation by filing a Boppy Infant Recall Lawsuit against the Boppy Company and we can help. Please click the button below for a Free Confidential Case Evaluation or call us toll-free 24 hrs/day by dialing (866) 588-0600.
Table Of Contents
- Boppy Infant Recall Lawsuit Overview
- Latest Boppy Infant Recall Lawsuit Updates
- CPSC Reports and Statistics
- Boppy Infant Product Injuries & Side Effects
- Do You Qualify for a Boppy Infant Recall Lawsuit?
- Boppy Infant Product Recall Information
- Statute of Limitations for Boppy Infant Recall Lawsuits
- FAQs
- 1. Why were Boppy Newborn Loungers recalled?
- 2. How do I know if my Boppy product is part of the recall?
- 3. What should I do if I have a recalled Boppy product?
- 4. Can I file a lawsuit if my child was injured but survived?
- 5. How much compensation can I expect from a Boppy Infant Recall lawsuit?
- 6. Will I need to go to court for a Boppy Infant Recall lawsuit?
- 7. What is the CPSC’s current stance on inclined infant sleep products?
- 8. Are there other similar products that have been recalled?
- 9. How long will a Boppy Infant Recall lawsuit take to resolve?
- 10. Can I still file a lawsuit if I no longer have the recalled Boppy product?
- Get Your Free Boppy Infant Recall Lawsuit Evaluation From With Our Lawyers
Boppy Infant Recall Lawsuit Overview
Lawsuits against The Boppy Company allege that their loungers and infant support products pose serious suffocation hazards that have resulted in infant deaths and injuries.
The company has recalled 3.3 million Boppy Original Newborn Loungers, Boppy Preferred Newborn Loungers, and Pottery Barn Kids Loungers following reports of at least 8 infant deaths between December 2015 and June 2020.
The U.S. Consumer Product Safety Commission (CPSC) has warned that these products are not safe for infant sleep due to the risk of suffocation, as babies can roll or be placed in positions that obstruct breathing.
“These types of incidents are heartbreaking. Recalled loungers and Boppy pillow-like infant sleep products are not safe for infant sleep, due to the risk of suffocation. Since we know that infants sleep so much of the time – even in products not intended for sleep – and since the infant deaths associated can happen so quickly, these Boppy lounger products are simply too risky to remain on the market.”- Rober S. Adler, Acting Chariman of U.S. Consumer Product Safety (CPSC) .
Latest Boppy Infant Recall Lawsuit Updates
- June 2021: The CPSC announced a major new federal safety standard that effectively bans inclined sleepers not on a flat surface from the marketplace [1]. This standard impacts all types of inclined bassinets, rockers, gliders, and swings, strengthening regulations to protect infants.
- September 2021: The Boppy Company initiated a recall of 3.3 million Boppy Newborn Loungers after reports of 8 infant deaths [2]. CPSC Acting Chairman Robert S. Adler stated that these products are “simply too risky to remain on the market” due to the suffocation hazard they present.
- July 2019: The Boppy Company recalled approximately 14,000 Boppy Infant Head and Neck Support Accessories after receiving at least 3 reports of infants’ heads being pushed forward chin to chest by the product [3]. The recall focused on model numbers 4150114 and 4150117 due to overstuffing in the adult pillow support area.
CPSC Reports and Statistics
The Consumer Product Safety Commission (CPSC) has documented significant safety concerns regarding Boppy infant products, leading to multiple recalls and safety warnings:
- Approximately 3.3 million Boppy Original Newborn Loungers, Boppy Preferred Newborn Loungers, and Pottery Barn Kids Loungers were recalled in September 2021.
- Eight infant deaths were reported between December 2015 and June 2020 due to suffocation in Boppy lounger products.
- These incidents occurred when infants were placed on their back, side, or stomach in the loungers and were later found on their side or stomach.
- Approximately 14,000 Boppy Infant Head and Neck Support Accessories were recalled in July 2019 after at least 3 reports of infants’ heads being pushed forward.
According to Consumer Reports, inclined sleeper deaths have risen to at least 50 cases industry-wide [4].
The CPSC’s new safety standards now ban many inclined sleepers that had not been voluntarily recalled, including products from multiple manufacturers.
Boppy Infant Product Injuries & Side Effects
The recalled Boppy products have been associated with serious and potentially fatal risks to infants:
- Suffocation: The primary hazard of Boppy loungers is that infants can suffocate if they roll, move, or are placed in positions that obstruct breathing, or if they roll off the lounger onto soft bedding.
- Head and Neck Positioning Issues: The Boppy Infant Head and Neck Support products can cause an infant’s head to be tilted too far forward, pushing the chin to chest and potentially restricting airways.
- Sleep-Related Deaths: At least 8 infant deaths occurred when babies were placed to sleep on Boppy loungers, despite warnings that these products are not designed for sleep.
- Respiratory Distress: Products that position infants at an incline can lead to compromised breathing and oxygen levels, particularly in very young infants with limited head control.
Do You Qualify for a Boppy Infant Recall Lawsuit?
You may qualify for a Boppy Infant Recall lawsuit if:
- You owned a recalled Boppy product, including the Original Newborn Lounger, Preferred Newborn Lounger, Pottery Barn Kids Lounger, or Boppy Infant Head and Neck Support Accessories (model numbers 4150114 and 4150117).
- Your child suffered injury or death while using one of these products.
- The injury or death occurred due to suffocation, improper head positioning, or other hazards associated with the product.
- The incident occurred within the applicable statute of limitations (typically 2-4 years, depending on your state).
- You have documentation proving ownership of the recalled product and evidence linking the injury to the product’s use.
Evidence Required for a Boppy Infant Recall Lawsuit
To build a strong case, you should gather the following evidence:
- Proof of Purchase: Receipt or documentation showing you owned the recalled Boppy product.
- Medical Records: Documentation of any injuries or the death certificate in fatal cases.
- Product Information: Model number, UPC code, or photographs of the product if still available.
- Incident Details: Detailed account of how the injury or death occurred, including date, time, and circumstances.
- Witness Statements: Statements from anyone who witnessed the incident or has knowledge of how the product was used.
Damages You Can Recover
If your lawsuit is successful, you may be entitled to compensation for:
- Medical Expenses: Costs for emergency treatment, hospitalization, ongoing care, and rehabilitation
- Funeral Expenses: In cases of wrongful death
- Pain and Suffering: Compensation for physical pain and emotional distress
- Loss of Consortium: Damages for the impact on family relationships
- Lost Wages: Compensation for time away from work to care for an injured child or due to grief
- Punitive Damages: In cases where the manufacturer’s conduct was particularly egregious
Boppy Infant Product Recall Information
The Boppy Company has initiated multiple recalls of their infant products due to safety concerns:
- September 2021 Recall: 3.3 million Boppy Original Newborn Loungers, Boppy Preferred Newborn Loungers, and Pottery Barn Kids Loungers were recalled after 8 infant deaths. These products measured approximately 23 inches long by 22 inches wide and 7 inches high and were sold from January 2004 through September 2021 for between $30 and $44.
- July 2019 Recall: Approximately 14,000 Boppy Infant Head and Neck Support Accessories (model numbers 4150114 and 4150117) were recalled due to suffocation risks caused by overstuffing.
To obtain a refund for recalled products, consumers must:
- Fill out a form on the Boppy Lounger recall website
- Provide the UPC or Item Number, along with the Date Code of the product
- Provide a copy of the receipt if possible
- Cut the Boppy pillow in half and provide a picture to the company by text, email, or mail
Consumers should immediately stop using any recalled Boppy products and contact the company for refund instructions.
Other Infant Sleeper Recalls
- Beautyrest Beginnings Incline Sleeper with Adjustable Pillow-Like Products for Newborns
- Disney Baby Minnie Mouse Incline Sleeper with Adjustable Feeding Position for Newborns
- Delta Children Deluxe 3-in-1 Activity Rocker, Feeder and Sleeper
- Simmons Kids Beautyrest Deluxe 3-in-1 Activity Rocker, Feeder, and Sleeper
- 3-in-1 Activity Rocker, Feeder and Incline Sleeper
- Style Life Eleven Baby Lounger
- Graco Little Lounger Rocking Seats
- SwaddleMe By Your Bed Sleepers
- Evenflo Pillo Portable Nappers
- Fisher Price Rock-n-Play Sleepers
- Kids II Infant Sleepers
- Nemschoff Hospital Bassinets
Consumers who have purchased any of the above sleepers should take them out of the infant’s safe sleeping environment immediately and contact the individual companies for a refund or voucher.
Statute of Limitations for Boppy Infant Recall Lawsuits
The time limit to file a Boppy Infant Recall lawsuit varies by state but typically ranges from 2 to 4 years from the date of injury or death.
These timeframes are strictly enforced, and failing to file within your state’s statute of limitations will likely result in your case being dismissed.
In product liability cases involving children, many states have special provisions that may extend the filing deadline.
Some jurisdictions allow the statute of limitations to begin when the child reaches the age of majority, while others may apply the “discovery rule,” which starts the clock when you discovered or reasonably should have discovered that the Boppy product caused the injury.
Given these complexities, it’s essential to consult with an attorney as soon as possible to determine the exact deadline that applies to your case.
Also read: Infant Bath Seat Lawsuit
FAQs
Get Your Free Boppy Infant Recall Lawsuit Evaluation From With Our Lawyers
Time is limited to pursue legal action for injuries or deaths related to recalled Boppy infant products. Most states allow only 2-4 years from the date of injury or death to file a product liability claim.
Once this statute of limitations expires, you may permanently lose your right to seek compensation.
At Schmidt & Clark, LLP, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our legal services
- Payment only if we win your case and secure compensation
- Nationwide representation by experienced product liability attorneys
Our team understands the devastating impact of infant injuries and deaths on families.
We’re committed to holding manufacturers accountable for dangerous products and helping you obtain the justice and compensation you deserve during this difficult time.
References:
- https://www.cpsc.gov/Newsroom/News-Releases/2021/CPSC-Approves-Major-New-Federal-Safety-Standard-for-Infant-Sleep-Products
- https://www.cpsc.gov/Recalls/2021/The-Boppy-Company-Recalls-Over-3-Million-Original-Newborn-Loungers-Boppy-Preferred-Newborn-Loungers-and-Pottery-Barn-Kids-Boppy-Newborn-Loungers-After-8-Infant-Deaths-Suffocation-Risk
- https://www.cpsc.gov/Recalls/2019/The-Boppy-Company-Recalls-Infant-Head-and-Neck-Support-Accessories-Due-to-Suffocation-Hazard
- https://www.consumerreports.org/child-safety/inclined-sleeper-deaths-rise-to-50-as-industry-continues-to-sell-the-products-a1264384204/