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The Fisher-Price Rock 'n Play Sleeper has been linked to over 100 infant deaths, despite a 2019 recall, highlighting the dangers of inclined sleepers. The CPSC warns that it is illegal to sell or distribute these recalled products, yet many families may still have them.
If your child was harmed or you lost a loved one due to this product, you may be eligible for compensation for medical expenses, pain and suffering, and wrongful death claims.
Schmidt & Clark, LLP specializes in product liability lawsuits and is dedicated to holding Fisher-Price accountable. Contact us today for a free consultation to explore your legal options.
Update: Fisher-Price Reannounces Rock'n Play Sleeper Recall After 100+ Infant Deaths
According to the Consumer Product Safety Commission, on January 9, 2023, the U.S. CPSC issued a press release stating that Fisher-Price is reannouncing its recall for 4.7 million Rock'n Play Sleepers after additional infant deaths occurred following the original April 2019 recall [1].
On April 12, 2019, at the time the original recall was announced, over 30 fatalities were reported to have occurred in the Rock ‘n Play Sleepers after the infants rolled from their back to their stomach or side while unrestrained, or under other circumstances, CPSC said. Since the recall, approximately 70 additional fatalities have been reported, which includes at least 8 fatalities that were reported to have occurred after the initial recall announcement. Approximately 100 deaths have reportedly occurred while infants were in the products.
What's the Problem with this Baby Sleeper?
13 Deaths Linked to Fisher-Price Infant Rockers
June 14, 2022 - As claimed by the Consumer Product Safety Commission, the agency and Fisher-Price are alerting consumers to at least 13 reported deaths between 2009 and 2021 of infants in Fisher-Price Infant-to-Toddler Rockers and Newborn-to-Toddler Rockers [2].
"Parents and caregivers should never use inclined products, such as rockers, gliders, soothers, and swings, for infant sleep and should not leave infants in these products unsupervised, unrestrained, or with bedding material, due to the risk of suffocation," CPSC said. "CPSC recently finalized a rule requiring that infant sleep products have a sleep surface angle of 10 degrees or less. The rule goes into effect on June 23, 2022."
CPSC offers the following reminders to parents and caregivers who use infant rockers and similar products:
- The best place for an infant to sleep is on a firm, flat surface in a crib, bassinet, or play yard.
- Parents and caregivers should use a fitted sheet only and never add blankets, pillows, padded crib bumpers, or other items to an infant’s sleeping environment.
- Infants should always be placed to sleep on their backs. Infants who fall asleep in an inclined or upright position should be moved to a safe sleep environment with a firm, flat surface such as a crib, bassinet, or play yard.
Has the Baby Sleeper Been Recalled?
When the Consumer Product Safety Commission first investigated the Fisher Price Rock ‘n Play Sleeper, Fisher-Price claimed that it didn’t believe “any deaths have been caused by the product,” and that the infant deaths were caused by parents improperly using the product and violating safety warnings and instructions.
Two weeks later, when babies even younger than 3 months old who couldn’t yet roll over were also being injured in the Rock 'n Play, Fisher-Price issued a recall for all 4.7 million baby sleepers sold.
An April 2019 Washington Post report found that:
“Fisher-Price developed its revolutionary product based on faulty beliefs about infant sleep, with no clinical research into whether it was safe, and, rather than seeking the advice of pediatricians, consulted just a single doctor...In fact, the first time Fisher-Price hired a pediatrician to evaluate the Rock ‘n Play was eight years later, as part of the company’s defense in a class action lawsuit.”
Now, dozens of infant deaths have been linked to the Fisher-Price Rock ‘n Play Baby Sleeper and many devastated families are left wondering how this was able to happen and what they can do about it.
Fisher-Price Rock N Play Baby Sleeper Response
Fisher-Price had previously warned consumers to stop using the Fisher-Price Rock n Play Sleeper when infants can roll over and possibly fall.
"The reported deaths show that some consumers are still using the product when infants are capable of rolling and without using the three-point harness restraint", the warning said.
Chuck Scothon, general manager at Fisher-Price, said the Rock n Play baby sleeper meets all "applicable safety standards," but also that "A child fatality is an unimaginable tragedy."
"Fisher-Price and every one of our employees takes the responsibility of being part of your family seriously, and we are committed to earning that trust every day," Scothon added.
Government Action and Safety Warnings on Inclined Sleepers
In response to the alarming number of infant deaths and injuries associated with inclined sleepers, the U.S. government and regulatory agencies have taken significant steps to ban unsafe products and warn consumers about their dangers.
These measures aim to protect infants from hazardous sleep environments and prevent further tragedies.
Congress Passes Ban on Inclined Sleepers, Crib Bumpers
According to Congress, the agency has passed the Safe Sleep for Babies Act of 2021, which would ban nearly all types of inclined sleepers and crib bumper pads, sending the law to President Joe Biden to sign [3].
The ban will include products with inclined sleep surfaces greater than 10º that are intended to provide a sleep space for infants under 1 year.
The ban would also include crib bumper pads and liners, which means any padded material that is intended to cover the sides of a crib.
Both types of products are dangerous because babies can suffocate. They have been linked to more than 200 infant deaths.
Consumer Product Safety Commission Warns Consumers Not To Use Inclined Sleepers
Oct. 31, 2019 - As claimed by the CPSC, the agency has issued an official warning to parents and caregivers not to use the Fisher-Price Rock 'n Play Sleeper or any other inclined infant sleepers due to a risk of death and other severe injuries to babies [4].
The warning follows a study which determined that the angle of the sleepers is "too high to provide a safe sleep environment for babies," CPSC said.
The agency is aware of at least 1,108 incidents -- including 73 infant deaths -- associated with inclined baby sleepers from January 2005 - to June 2019.
Are Lawsuits Being Filed Against Fisher-Price and Mattel?
Lawsuits against Fisher-Price and Mattel continue as families seek justice for injuries and wrongful deaths linked to the Rock 'n Play Sleeper. Despite the 2019 recall, lawsuits argue that the recall came too late, leaving thousands of infants at risk.
The First Lawsuits Following the Recall
In April 2019, the first post-recall lawsuit was filed against Fisher-Price and Mattel after the U.S. Consumer Product Safety Commission (CPSC) linked the sleeper to at least 10 infant deaths [5].
However, a Consumer Reports investigation later revealed that over 30 infants had died while using the sleeper since 2009.
Less than two weeks after the recall, two class action lawsuits were filed:
- Samantha Drover-Mundy and Zachary Mundy (Delaware): The couple claimed the recall came too late to save their 12-week-old daughter, who died just minutes after being placed in a Rock ‘n Play Sleeper in September.
- Cassandra Mulvey (New York): Filed a lawsuit stating she received the Rock 'n Play Sleeper as a gift in 2016, believing it was safe for overnight and prolonged sleep.
Both lawsuits argue that Fisher-Price and Mattel misled parents by falsely marketing the Rock ‘n Play Sleeper as a safe sleep product:
“The marketing of the Rock ‘n Play was dangerously false and misleading.”
The families are seeking unspecified damages and have moved to create two separate claimant classes—one for New York residents and another for nationwide claimants.
Wrongful Death Lawsuits in 2020
In October 2020, two additional wrongful death lawsuits were filed against Mattel Inc. and Fisher-Price, arguing that the Rock 'n Play Sleeper was a defective and dangerous product responsible for multiple infant deaths.
“The product frequently caused children to suffer injury and death. Fisher-Price and Mattel knew about this risk, and about multiple deaths and injuries that had already occurred but continued to sell the product anyway.”
The lawsuits further allege that:
- Fisher-Price and Mattel ignored warnings from pediatricians about the dangers of inclined sleeping.
- The companies manipulated safety standards to continue selling the product despite mounting risks.
- If Fisher-Price had conducted proper research before launching the Rock 'n Play in 2009, these deaths could have been prevented.
The legal claims in these lawsuits include:
- Gross Negligence
- Breach of Express and Implied Warranty
- Fraud
- Negligent Misrepresentation
- Wrongful Death
Families are seeking compensation for damages, legal fees, and court costs, emphasizing that Fisher-Price and Mattel must be held accountable for their failure to act.
Rock 'n Play Settlement Amounts to Date
Two major settlements have been reached in the Rock 'n Play litigation:
- A $19 million class action settlement compensating consumers who purchased or owned a Fisher-Price Rock 'n Play Sleeper. This settlement addresses claims that the product was unsafe and deceptively marketed.
- A separate $16.9 million stockholder derivative lawsuit settlement, unrelated to consumer compensation, but addressing corporate governance issues related to the handling of Rock 'n Play recalls.
For eligible class members in the $19 million settlement:
- Payments range up to $60, depending on whether claimants still own the product and provide proof of purchase.
- Claimants must submit photos showing they have permanently disabled the sleeper if they still possess it.
Statute of Limitations for Filing a Lawsuit
The statute of limitations for product liability lawsuits varies by state, typically ranging from one to three years after discovering an injury or death caused by a defective product.
Below are some state-specific deadlines:
State | Statute of Limitations |
---|---|
Louisiana | 1 year |
California | 2 years |
New York | 3 years |
Important Deadlines:
- The deadline to opt out or object to the $19 million class action settlement is December 30, 2024.
- Claims must be submitted by April 29, 2025.
- The final approval hearing has been rescheduled for February 28, 2025.
It is crucial for affected individuals to consult an attorney as soon as possible to ensure they meet their state's filing deadlines.
Is There a Class Action Lawsuit?
No, Rock ‘n Play lawsuits are not part of a class action. Instead, these claims are likely to be consolidated into multidistrict litigation (MDL), where each plaintiff receives a settlement based on their unique circumstances.
MDLs help courts process similar cases efficiently while ensuring individual claimants receive fair compensation.
Attorneys believe settlements could be substantial, given the extensive evidence of negligence and product defects.
For families affected by the Rock 'n Play Sleeper, pursuing legal action could provide both compensation and accountability for the harm caused by this dangerous product.
Filing a Rock 'n Play Baby Sleeper Lawsuit: What You Need to Know
If your child suffered an injury or tragic loss due to the Fisher-Price Rock 'n Play Baby Sleeper, you may be eligible to take legal action. Understanding your rights and the legal process can help you seek justice and compensation for your family’s suffering.
Am I Eligible to File a Rock ' n Play Baby Sleeper Claim?
You may be eligible to file a lawsuit over your child’s inclined baby sleeper injuries if:
- You owned an inclined infant sleeper
- Your child was under one year of age when injured in the sleeper
- Your child required medical treatment or died as a result of the injury
Do I Need to File a Claim?
If your child or other loved one suffered a serious injury or health problem as a result of a defective Rock n Play Sleeper, long-term, or even lifelong, medical care may be required.
This could be incredibly expensive and since medical costs are continually rising may be largely unknown at the time of settlement or trial.
If a member of your family died due to a defective product or dangerous drug, no amount of money can undo that wrong. At Schmidt & Clark, LLP, we hope that every lawsuit we file can serve to make the manufacturer take note of the loss and pain their product has caused.
When that fails to make a company take action in the form of a product recall, greater warnings about its use and ultimately making safer products, we rely on their profit motivation to make them do the right thing.
Unfortunately, in all too many cases, it is only the fear of class action lawsuits and large settlements and verdicts that makes a company become a better corporate citizen.
What Does it Cost to File?
We are committed to representing all persons involved in a Rock ‘n Play baby sleeper lawsuit on a contingency basis, which means there are never any legal fees unless we win compensation in your case. To access your free, no-obligation consultation, use the contact form at the bottom of this page.
One of our lawyers handling Rock ‘n Play baby sleeper lawsuits for injury or infant death will contact you to answer any of your questions.
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FAQs
What Is the Rock and Play Sleeper Lawsuit?
The Rock 'N Play sleeper lawsuit is a class-action case against Fisher-Price Inc. and its parent company, Mattel Inc., which alleges that the companies knowingly sold the inclined infant sleeper Rock 'N Play. This product has been linked to at least 100 infant deaths and over 700 injuries. A tentative settlement has been reached after 4½ years of litigation.
How Many Incidents or Deaths Are Linked to the Fisher-Price Rock ‘N Play?
There are numerous incidents and over 100 infant deaths linked to the Fisher-Price Rock’N Play due to its hazardous design.
What Actions Have Been Taken Regarding the Fisher-Price Rock ‘N Play?
Actions taken regarding the Fisher-Price Rock 'N Play included its recall by Fisher-Price in April 2019 following mounting evidence of safety issues. The recall was initiated following reports of infant fatalities and injuries associated with the product's design.
Are Rock ‘N Play Sleepers Safe for Babies?
Rock 'n Play sleepers are not safe for babies. They pose significant risks because they place infants at an incline, which can cause their heads to fall forward and potentially obstruct breathing. Additionally, the padded sides of these sleepers can increase the risk of suffocation.
Get a Free Fisher-Price Rock n Play Baby Sleeper Lawsuit With Our Lawyers
The Product Liability Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Fisher-Price Rock n Play baby sleeper lawsuits. We are handling individual litigation nationwide and currently accepting new baby sleeper injury cases in all 50 states.
Free Confidential Lawsuit Evaluation: Again, if your child or another loved one has been injured by a Fisher-Price Rock n Play Sleeper, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and we can help.
References:
- https://www.cpsc.gov/Recalls/2023/Fisher-Price-Reannounces-Recall-of-4-7-Million-Rock-n-Play-Sleepers-At-Least-Eight-Deaths-Occurred-After-Recall
- https://www.cpsc.gov/Newsroom/News-Releases/2022/CPSC-and-Fisher-Price-Warn-Consumers-About-13-Deaths-in-Fisher-Price-Infant-to-Toddler-and-Newborn-to-Toddler-Rockers-Advise-Rockers-Should-Never-Be-Used-for-Sleep
- https://www.congress.gov/bill/117th-congress/house-bill/3182/text
- https://www.cpsc.gov/Newsroom/News-Releases/2020/CPSC-Cautions-Consumers-Not-to-Use-Inclined-Infant-Sleep-Products
- https://www.usatoday.com/story/money/2019/04/23/fisher-price-rock-n-play-recall-class-action-lawsuit-filed/3553453002/