Table of contents
- Latest MamaRoo Baby Swing Lawsuit Updates
- April 26, 2023: Court Closes the Case on a Notice of Settlement
- December 14, 2022: Layne Files Second Amended Complaint
- November 4, 2022: Court Dismisses DeMarzio’s Claims Only
- November 1, 2022: Plaintiffs File First Amended Complaint
- September 6, 2022: News Reports Suit by Carolinas Purchasers
- August 30, 2022: Law360 Reports Proposed Class Action
- August 29, 2022: Complaint Filed in Western Pennsylvania
- August 15, 2022: Recall 22-200 Covers MamaRoo and RockaRoo
- What Are MamaRoo and RockaRoo Infant Swings and Rockers?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Frequently Asked Questions
- Is There a MamaRoo Baby Swing Lawsuit?
- Did the MamaRoo Baby Swing Lawsuit End in a Settlement?
- How Do I Contact 4moms About the MamaRoo Recall?
- How Many MamaRoos Were Imported into Canada?
- What Does the Research Say About MamaRoo Strangulation Risk?
- When Was the RockaRoo Rocker Sold?
The 4moms MamaRoo baby swing and RockaRoo rocker were recalled in August 2022 because dangling restraint straps can entangle crawling infants. CPSC reported one 10-month-old died of asphyxiation and another suffered neck bruising.
Purchasers sued Thorley Industries, LLC in a proposed class action on August 29, 2022. They claim they lost money on products with a hidden strangulation hazard. The court closed it administratively on April 26, 2023 after a notice of settlement.
No MDL has been formed. If you own a recalled unit and a crawling infant lives with you, stop using it now.
Latest MamaRoo Baby Swing Lawsuit Updates
April 26, 2023: Court Closes the Case on a Notice of Settlement
Judge J. Nicholas Ranjan of the U.S. District Court for the Western District of Pennsylvania ordered the class action against Thorley Industries, LLC administratively closed.
The docket shows the court treated the parties’ April 25, 2023 joint status report as a notice of settlement [1]. The order is not a dismissal, and either party may restart the case.
December 14, 2022: Layne Files Second Amended Complaint
Drea Layne filed a second amended complaint against Thorley Industries, LLC, which does business as 4moms, in the federal class action. Mahala Demarzio was no longer a plaintiff.
The docket lists Layne as the only plaintiff on the filing. She had been a plaintiff since the start of the case. The case stayed in front of Judge Ranjan.
November 4, 2022: Court Dismisses DeMarzio’s Claims Only
Judge J. Nicholas Ranjan dismissed the claims of plaintiff Mahala Demarzio only, after her November 3, 2022 notice of voluntary dismissal. The docket records the order under his signature of the same date.
Drea Layne remained a plaintiff. The order covered Demarzio’s claims alone, so the case against the company went on. Layne later filed the second amended complaint described above.
November 1, 2022: Plaintiffs File First Amended Complaint
Both named plaintiffs, Demarzio and Layne, filed a first amended complaint against the maker in the federal class action. The docket records the filing on that date under case number 2:22-cv-01245.
Both women were still plaintiffs at that point. The amended complaint followed the original complaint of August 29, 2022 and came before Demarzio’s claims were dismissed.
September 6, 2022: News Reports Suit by Carolinas Purchasers
WCIV, the ABC News 4 station in Charleston, South Carolina, reported a lawsuit against Thorley Industries. A law firm filed it on behalf of MamaRoo purchasers in the Carolinas [2].
The customers claim 4moms did not disclose the strangulation risk. That claim comes from the law firm’s statement as the station reported it. It is an allegation and not a court finding.
August 30, 2022: Law360 Reports Proposed Class Action
Law360 reported that a baby swing maker was hit with a proposed class action by customers who claim they lost money on the products [3].
Law360 cites the strangulation hazard behind the recall of 2.2 million units. That figure is Law360’s own count of the swings and rockers together.
August 29, 2022: Complaint Filed in Western Pennsylvania
Mahala Demarzio and Drea Layne filed a complaint against Thorley Industries, LLC in the Western District of Pennsylvania. The case number is 2:22-cv-01245, and Judge J. Nicholas Ranjan is the assigned judge. The plaintiffs demanded a jury trial.
The filing came two weeks after the recall was announced on August 15, 2022. It started the class action that the court closed in April 2023.
August 15, 2022: Recall 22-200 Covers MamaRoo and RockaRoo
The U.S. Consumer Product Safety Commission and Thorley Industries, of Pittsburgh, Pennsylvania, announced recall 22-200 of about 2 million MamaRoo swings and 220,000 RockaRoo rockers, jointly with Health Canada [4].
CPSC said straps hanging below the seat can entangle crawling infants, and that consumers with infants who can crawl should stop using the products now.
What Are MamaRoo and RockaRoo Infant Swings and Rockers?
According to the Health Canada notice, the MamaRoo is a baby swing with multiple motions and speeds [5]. Buttons on the base control motion, speed and sound.
The RockaRoo is a baby rocker with front to back gliding motion. Thorley Industries makes both products under the 4moms name, which is now part of the UPPAbaby family.
Who May Be Affected?
Owners of a recalled MamaRoo swing or RockaRoo rocker bought between January 2010 and August 2022 may be affected. The recall covers MamaRoo versions 1.0 through 4.0 that use a 3-point harness, plus the RockaRoo.
Model numbers are 4M-005 for versions 1.0 and 2.0, 1026 for version 3.0, 1037 for version 4.0, and 4M-012 for the RockaRoo. The MamaRoo model with a 5-point harness is not included.
The hazard is to crawling infants who reach straps hanging below an unoccupied seat. Health Canada says it does not present a hazard to infants placed in the seat.
The class action raised an economic-loss claim for purchasers, who paid between $160 and $250 for the products. Whether you qualify for any legal claim depends on your own facts, and only an individual legal review can say.
Reported Injuries or Damages
The CPSC notice says 4moms received two reports of entanglement incidents, both involving the unoccupied MamaRoo. One 10-month-old infant died of asphyxiation. Another 10-month-old suffered bruising to his neck before a caregiver rescued him.
Health Canada also says the company had received no reports of strangulation or injuries in Canada as of August 9, 2022.
The class action alleges a different harm. Purchasers say the strangulation hazard was never disclosed, and they report a financial loss. No court has ruled on these allegations.
Recall and Regulatory Background
The recall carries CPSC number 22-200 and Health Canada number RA-64460. CPSC adds 60,000 MamaRoo swings and 10,000 RockaRoo rockers sold in Canada to the United States counts.
The remedy is a repair. Owners can register with 4moms for a free strap fastener that keeps the straps from extending under the swing when not in use. A recall does not by itself prove liability.
Evidence to Preserve
Keep these items in case you need them later and do not throw away the product:
- The swing or rocker and its straps, photographed before any change is made to them, with the strap position and any damage you can see.
- The model number printed on the bottom of the unit, which shows which version you own.
- Your receipt, order confirmation or registry record showing where and when you bought it.
- Your recall registration and any messages with 4moms or UPPAbaby about the recall.
- Medical records and caregiver or incident notes if an infant was hurt.
Filing Deadlines
State law sets the time limits for filing. Your limit depends on where you live and when the injury or loss happened and was discovered.
A claim can end if a limit passes, even with strong facts. A lawyer can tell you promptly which limit applies if you bought or used a recalled swing or rocker.
Frequently Asked Questions
Is There a MamaRoo Baby Swing Lawsuit?
Yes, there is a MamaRoo baby swing lawsuit. Two named plaintiffs filed a proposed class action in federal court. The court closed the case administratively, so either side could restart it.
Did the MamaRoo Baby Swing Lawsuit End in a Settlement?
No settlement amount or verdict has been reported in the MamaRoo baby swing lawsuit, so there is no payout figure to share. The court closed the case on a notice of settlement, and no terms are public.
How Do I Contact 4moms About the MamaRoo Recall?
To contact 4moms about the MamaRoo recall, call toll-free 844-823-3132 from 9 a.m. to 5 p.m. ET Monday through Friday. Weekend hours are 9 a.m. to 3 p.m. ET. You can also email support@uppababy.com.
How Many MamaRoos Were Imported into Canada?
Approximately 77,700 MamaRoo swings were imported into Canada, according to Health Canada, along with 10,000 RockaRoo rockers. That import count differs from the 60,000 MamaRoo swings that CPSC cites for Canada.
What Does the Research Say About MamaRoo Strangulation Risk?
The research on MamaRoo strangulation risk is limited to regulator findings. CPSC reports two entanglement incidents, none involving the RockaRoo, and Health Canada says the hazard affects crawling infants, not infants placed in the seat.
When Was the RockaRoo Rocker Sold?
The RockaRoo rocker was sold in Canada from January 2014 through August 2022, according to Health Canada. CPSC gives January 2010 through August 2022 as the sale period for the recalled products in the United States.