Published by If you purchased a First Wish infant sleep bag included in this recall and a breathing emergency, injury, or near-miss occurred, you may want a legal review of your options.
A case evaluation can help assess potential compensation for medical expenses and other documented losses tied to the incident.
Table Of Contents
- What’s the Safety Issue?
- Latest Updates
- Recalled Products
- How to Tell If Yours Is Included
- First Wish Style Numbers
- What the Sleep Bags Look Like
- Where They Were Sold
- Incidents and Injuries
- What to Do If You Have One
- Do You Qualify for a First Wish Infant Sleep Bags Recall Lawsuit?
- Legal Theories and Liability Considerations
- Statute of Limitations
- Why Acting Promptly Matters
- References
What’s the Safety Issue?
The recalled sleep bags have a neck opening that is too large for infants 0 to 6 months. An infant’s head can slip into the opening and the sleep bag can cover the infant’s face.
Once the face is covered, airway obstruction can happen quickly. That is why removal from use is urgent even if no incident has occurred.
Latest Updates
- May 5, 2021 – CPSC announced Recall No. 21-123 for TJX infant sleep bags, including First Wish brand sleep bags in size 0–6 months, due to a suffocation risk caused by an oversized neck opening; about 3,600 units were recalled and consumers were offered a refund or store gift card. [1]
Recalled Products
This recall covers infant sleep bags in size 0–6 months sold under multiple brand names. First Wish is one of the covered brands.
- Dylan & Abby
- First Wish
- First Wish Organic
- Harry & Me
- Little Red Caboose
- Piper & Posie
- Sam & Jo
- Sam & Jo Organic
- Shabby Chic
- Willow Blossom
How to Tell If Yours Is Included
Start at the back of the neck area. The brand name and the size “0–6 months” are printed on two separate labels.
Next, check the style number label located on the inside side seam behind the care label. Only the style numbers listed by CPSC are included.
First Wish Style Numbers
These First Wish style numbers are included in the recall.
- CL00824
- CL00889
- CL00911
What the Sleep Bags Look Like
The recalled sleep bags zip up the middle or to the side of the front. CPSC described assorted colors and designs, including animals, dinosaur bones, splatter paint, circus designs, construction, cars, florals, clouds, robots, stars, dino dudes, monsters, and firetrucks.
Where They Were Sold
Sales occurred at T.J. Maxx and Marshalls stores nationwide and online at tjmaxx.com, marshalls.com, and sierra.com. The sales window was April 2018 through February 2021.
The purchase price listed was about $20. TJX is identified as the importer.
Incidents and Injuries
CPSC reported no incidents and no injuries at the time of the recall. Even so, the hazard involves infant airway obstruction and should be treated as a high-risk condition.
What to Do If You Have One
Stop using the sleep bag immediately. Contact TJX to receive either a full refund or a store gift card.
Photograph the labels first if possible. Brand, size, and style number images can make the process smoother if packaging is gone.
Do You Qualify for a First Wish Infant Sleep Bags Recall Lawsuit?
A legal review may be relevant if an infant’s head slipped into the sleep bag and a breathing emergency, medical visit, or injury occurred. Review may also be appropriate for a documented near-miss that required urgent intervention.
Strong claims usually depend on identifying the recalled style number and documenting the timeline. Medical records and product label photos can materially improve evaluation.
Evidence to Gather
- Photos of the brand label and the size label at the back of the neck
- Photo of the style number label on the inside side seam behind the care label
- Receipts or retailer order history, if available
- Medical records and billing statements if care was required
- A written timeline describing use and what occurred
Potential Damages
Potential damages may include emergency care costs, follow-up visits, and related out-of-pocket expenses. Depending on the facts, claims may also include lost income and compensation tied to pain and suffering.
Legal Theories and Liability Considerations
Infant suffocation risk cases are often evaluated under product liability and failure-to-warn theories. Analysis commonly focuses on whether the product was safe for the intended age group and whether warnings were adequate.
A recall does not automatically establish liability in every case. Evidence of product identity, causation, and damages remains central to any claim evaluation.
Statute of Limitations
Filing deadlines vary by state and may depend on the date of injury or discovery. Preserving documentation early can help protect legal options.
Why Acting Promptly Matters
Infant product cases can turn on small label details that are easy to lose once a product is discarded. Early photos and records can reduce disputes about whether a recalled item was involved.
References
- https://www.cpsc.gov/Recalls/2021/TJX-Recalls-Infant-Sleep-Bags-Due-to-Suffocation-Risk-Sold-at-T-J-Maxx-Marshalls-and-Sierra