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Update: Lawsuit Filed Over Baby Swing Strangulation Hazard
Thorley Industries LLC — maker of the MamaRoo and RockaRoo infant swings and rockers — has been hit with a class action lawsuit filed by customers alleging that they lost money on the products because of a strangulation hazard to small children that prompted the August 2022 recall of 2.2 million units.
Lead plaintiffs Mahala Demarzio and Drea Layne filed the suit in Pennsylvania federal court, which claims that Thorley — which does business as 4moms — violated consumer protection laws, misrepresented the safety of the products, and breached customer warranties.
In addition to alleging that the Plaintiffs paid unnecessary expenses associated with buying new swings and rockers for their children, the class action claims that the manufacturer took an unnecessarily long time to issue the recall.
At a minimum, 4moms was aware of the risk of infant strangulation of the recalled devices in August of 2018, when the first injury of this kind was reported to them – the lawsuit states.
Yet, defendant continued to manufacture and sell the recalled devices with such awareness.
The class action lawsuit is Demarzio v. Thorley Industries LLC, U.S. District Court for the Western District of Pennsylvania.
RockaRoo Rocker Lawsuit Statistics
- The recall involves about 2 million MamaRoo swings and 220,000 RockaRoo rockers.
- Additionally, 60,000 MamaRoo and 10,000 RockaRoo were sold in Canada.
What’s the Problem?
According to a CPSC Recall Notice [1] issued on August 15, 2022, 4moms issued this recall after the company received at least 2 reports of entanglement incidents involving infants who became caught in the strap under the unoccupied MamaRoo infant swing after they crawled under the seat, including a 10-month-old infant who died from asphyxiation, and a 10-month-old infant who suffered bruising to his neck before being rescued by a caregiver.
When the swing or rocker is not in use, their restraint straps can hang below the seat and non-occupant crawling infants can become entangled in the straps, posing entanglement and strangulation hazards – CPSC said.
The RockaRoo Baby Rocker was sold online and at BuyBuy Baby and Target stores nationwide from January 2010 through August 2022 for between $160 and $250.
The base has an analog knob and power button to control the range of motion of the rocker. Model number 4M-012 is located on the bottom of the unit.
The MamaRoo is a baby swing that offers multiple motions and speeds. This recall includes only MamaRoo models that use a 3-point harness: versions 1.0 and 2.0 (model number 4M-005), version 3.0 (model number 1026), and version 4.0 (model number 1037).
Consumers who purchased a recalled RockaRoo Rocker or swing should stop using it immediately, place it in an area where crawling infants cannot access it, and contact 4moms to register for a free strap fastener that will prevent the straps from extending under the swing when not in use.
Related Articles:
- Kids Rocking Sleeper Recall Suit
- Fisher-Price Rock n Play Baby Sleeper Lawsuit
- MamaRoo Baby Swing Lawsuit
- My Bouncer Little Castle Lawsuit
FAQs
What compensation might I receive from a RockaRoo Rocker lawsuit?
Compensation from a RockaRoo Rocker lawsuit can include medical expenses, pain and suffering, costs for ongoing medical care, and other related damages. The specific amount depends on the severity of the injury and the circumstances of the case.
Is there a deadline for filing a RockaRoo Rocker lawsuit?
Yes, there are statutes of limitations for filing a lawsuit, which vary by state. It is crucial to act promptly and consult with an attorney to ensure you file within the required timeframe, typically ranging from one to several years.
What evidence is needed to support a RockaRoo Rocker lawsuit?
Evidence needed can include medical records showing the injury, proof of purchase of the RockaRoo Rocker, expert testimony linking the injury to the product, photographs or videos of the incident, and any communication with the manufacturer regarding the issue.
See all related product liability cases our lawyers have taken on.
Get a Free RockaRoo Rocker Lawsuit Evaluation With Our Lawyers
The Product Liability Litigation Group at our law firm Schmidt & Clark, LLP is an experienced team of trial lawyers that focus on the representation of plaintiffs in RockaRoo Baby Rocker Recall Lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
If your child or other loved one was harmed by a recalled baby rocker or baby swing, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and our lawyers can help.
Reference:
- https://www.cpsc.gov/Recalls/2022/4moms-Recalls-More-than-2-Million-MamaRoo-and-RockaRoo-Infant-Swings-and-Rockers-Due-to-Entanglement-and-Strangulation-Hazards-One-Death-Reported