On December 22, 2021, Compass Health Brands issued a recall for their Carex Brand Adult Portable Bed Rails. The recall is due to a risk of users becoming entrapped either between the bed rail and the side of the mattress or within the bed rail, which represents a risk of entrapment and death by asphyxiation. The recall affects about 104,900 units.
The recall specifically affects the following Carex-brand bed rails:
- Easy Up 2-in-1 Bed Rails (model P569)
- Bed Support Rails (model P566)
The bed rails affected by the recall were sold from November 2012 to December 2021 and had a price range of $22 to $80. They were sold in store at medical supply stores and online through www.carex.com, www.amazon.com, and www.walmart.com.
There have been at least three reports of death involving the Carex Bed Support Rails (the other model is included in the recall as a precaution). The incidents all involve elderly victims who were entrapped between the bed rail and their mattress due to the bed rail not being installed securely to the bed.
The company is urging affected consumers to stop using the recalled bed rails and contact them for either a free repair kit (for the Bed Support Rail) or a refund (for the Easy Up 2-in-1 Bed Rail).
Were you affected by the recalled product? If so, you might be wondering whether you should contact the company for a free repair kit or a refund. Of course, if the recall only presents an inconvenience to you, these might seem like fair options. However, if the defective product actually harmed a member of your family, you should not even consider a repair kit or a refund – instead, you should explore the legal options available to you – you might have grounds to sue.
More specifically, you could have grounds to file a defective product lawsuit; in some cases, you could even file a class action lawsuit. For more information about the legal options available to you, contact our recall lawyers today here at Normandie Law Firm.
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Common Injuries
As mentioned above, there were reports of three incidents in which entrapment led to death by asphyxiation. Although death caused by asphyxiation is definitely the worst-case scenario, there is other harm that victims could suffer that is not always fatal. Entrapment can lead to fractures, lacerations, bruises, crushing injuries, etc. Even though asphyxiation is not always fatal, the lack of oxygen can quickly case permanent brain damage. Regardless of the specific bed rail collapse injury suffered, it is important that affected parties explore the legal options available to them.
What to do if You were Harmed by a Defective Product
If you or a member of your family suffered harm due to the defective bed rails that were recently recalled, you might have the right to file a lawsuit. There are a number of things that you should do to prepare to take legal action. Consider the recommendations listed below:
- Seek medical care immediately
- Photograph all visible injuries and the entire scene of the incident
- Photograph the defective product
- Keep the defective product as-is (do not try to repair it or tamper with it in any way)
- Speak to any witnesses and collect their contact information
- Collect surveillance footage that captured the incident
- Collect relevant records, including medical records, records of funeral/burial expenses, records of the purchase of the defective product, etc.
- Seek legal help with a lawyer with experience in product liability cases
How to Join the Class Action Lawsuit
Without a doubt, you could file an independent product liability lawsuit against the product manufacturer. However, that is not your only option. In cases where a product harms multiple people, mass torts and class action claims are possible – with class actions being the most common option.
Is there a class action lawsuit? Although there is still no class action lawsuit just yet, there could be one very soon. All it takes is an experienced class action lawyer to start the process. Can I file a class action lawsuit? Yes, you can definitely file or be a part of a class action lawsuit. How can I join a class action lawsuit on this case? How can I be a part of a class action lawsuit on this case? The most important thing to do is to find an experienced recall class action lawyer. In some cases, participating in a class action lawsuit can be as simple as opting-in or opting-out of the case (if it already exists). Regardless, an experienced class action lawyer can guide you every step of the way to ensure that your lawsuit is successful.
Contact Our Law Firm Today
Without a doubt, you could have the right to sue – you could even have the right to recover monetary compensation for the harm caused by the defective product. If you have questions about the average value of these cases or anything else surrounding the legal options available to you, do not hesitate to seek legal assistance with our experts immediately. Our lawyers are more than ready to fight for your right to recover the highest settlement available.
Here at Normandie Law Firm, we are proud to offer free legal services, which include initial free case evaluations (free consultations) and free second opinions. If you are ready to discuss your claim with our lawyers that are filing lawsuits against Compass Health Brands for the defective Carex brand bed rails, contact us today – we are ready to help you with your lawsuit.