On January 9, 2023, Kid2 re-announced a recall that affects all models of their Rocking Sleepers. The original recall was announced a few years ago in April 2019. According to the recall, number, 23-089, multiple infant fatalities have occurred in the sleepers after infants rolled from their back to their stomach or side. The recall affects approximately 694,000 products.
At the time of the original recall, eleven deaths had been reported. Another five deaths were reported at the time of the original recall. After the recall was announced, another four fatalities were reported. Although it is illegal to sell or distribute these products, many of the recalled sleepers are still in use today. The products were originally sold at major retailers around the nation, including Walmart, Target, and Toys “R” Us from arch 2012 through April 2019 for prices ranging between $40 and $80. The infant sleepers were also available online.
The company is urging all affected consumers to immediately stop using the product and contact them for a refund. However, if your child was harmed by the recall, you should not do this. Instead, you should explore the legal options available to you.
Based on the details surrounding the incident and the harm that your child suffered, you could have grounds to file a lawsuit – either an injury lawsuit or a child wrongful death lawsuit. If you are interested in exploring the legal options available to you, contact the recall lawyers here at our law firm immediately.
Here at the Normandie Law Firm, our lawyers are knowledgeable on product liability law and are ready to provide you with the guidance that you need to sue for the harm resulting from a defective product. If you would like to speak to our expert lawyers regarding your case, contact us at your earliest convenience.
The Injuries Associated with the Recalled Rocking Sleepers
As explained above, many infants have lost their lives after rolling over from their backs onto their stomach or side in the sleeper. These infants died as a result of suffocation. Suffocation is not always fatal. In some cases, someone checked on the infant and realized what was happening, quickly rolling them back over or even administering life-saving CPR.
Suffocation is also called asphyxiation. Essentially, the body is deprived of oxygen. Suffocation leads to loss of consciousness, brain injury, and death. Let’s discuss brain injury. It takes only five minutes for brain cells to start dying, resulting in permanent brain damage. Depending on the severity of the brain damage, intellectual disabilities, learning disabilities, and even physical disabilities can occur.
No matter whether the incident involving the recalled sleepers resulted in injuries or death to your child, it is important that you, as well as all other affected parents, understand the legal options available to them. For more information, contact the experts here at our law firm at your earliest convenience.
Can I File a Lawsuit for Kids2 Rocking Sleeper Recall Injuries or Death?
Can I file a lawsuit for harm associated with the Kids2 Rocking Sleeper recall? Yes – you could be eligible to file a lawsuit. The right to file a lawsuit is based on product liability, which states that all product manufacturers have a duty to ensure that their products are safe for consumers and for its intended use. When products have defects in design, manufacturing, and labeling, making the product dangerous, then the product manufacturer can be liable for any resulting harm – including death.
Can I still file a lawsuit even if my child’s death occurred a few years ago? Depending on the circumstances, you could still be eligible to file a lawsuit. Typically, claimants would have two years from the date of death to file a lawsuit. However, if the cause of death was not immediately known to be as a direct result of the defective product, then the statute of limitations does not start running until the date that the death was determined to be caused by the defective product. Unfortunately, infant sleeper related deaths can sometimes be confused for SIDS.
For more information about your right to sue for the harm that your child suffered due to the defective Kids2 Rocking Sleepers, contact the experts here at our law firm today.
Our Recent Verdicts and Settlements
$2.5 Million
$599,000
$1.5 Million
$600,000
$525,000
$1.2 Million
Recommended Steps to Take
If your infant was harmed in any way because of the defective sleepers, you might have many questions. What should I do if I have a defective product claim? What steps should I do? How do I know what to do if my infant was harmed? When an infant suffers harm or loses his or her life, the parents and entire family suffers, so it can be very difficult to act appropriately to eventually hold the liable parties accountable.
Consider some of the recommended steps listed below:
- Seek medical attention immediately – call the emergency department
- Take photos of any visible harm
- Stop using the defective product immediately – put it in a safe place where it can remain as-is in the same condition that it was at the time of the accident. Never tamper with the product or try to repair the product.
- Contact the company to report the incident and the resulting harm
- Do not agree to return the product to the company
- Do not agree to a repair
- Do not agree to a refund
- Do not agree to sign any documents
- If available, collect video footage of the incident (this has become relatively common due to the increase in use of baby monitors and similar devices)
- Gather all relevant purchase records (receipts, order confirmations, etc.)
- Gather all medical records
- Gather all records of lost income, if relevant
- Seek legal assistance from a recall lawyer as soon as possible
Can I File a Class Action Lawsuit?
Yes – you could be eligible to participate in a class action lawsuit. When it comes to defective products, mass torts claims and class action claims are very common specifically because many consumers are affected in the same way. You might be asking yourself some of the following questions:
- Can I file a class action lawsuit?
- Is there a class action lawsuit?
- How do I join a class action lawsuit on this case?
- How can I be part of a class action lawsuit on this case?
These are all very common questions. In general, even thinking about a class action lawsuit can be quite daunting. However, participating in a class action lawsuit can be relatively simple. If there isn’t already a class action lawsuit, you simply have to reach out to an experienced class action lawyer for help; the lawyer will need to gather more claimants before being able to proceed with the lawsuit. If the class action already exists, you might have questions about how to join the suit. You simply need to reach out to a lawyer and express that you want to participate in the class action lawsuit.
For more information about filing a class action lawsuit, contact the experts here at our law firm today.
What is the Average Case Value of Defective Baby Sleeper Cases?
If your lawsuit is ultimately successful, you could be entitled to receive compensation for medical costs, lost income, pain and suffering, funeral and burial costs, punitive damages, and legal fees, for example. The total amount of compensation that you will be eligible to recover will be based on the details surrounding the case. So, what is the average case value of these cases? In general, case values can vary anywhere from $300,000 to $5 million. For a more case-specific breakdown of the possible value of your lawsuit, contact the experts here at our law firm today.
How Long Do I Have to File a Lawsuit for Harm Caused by a Defective Infant Sleeper?
Injury cases and wrongful death cases alike are subject to a statute of limitations, or a deadline to sue. In the state of California, for example, wrongful death claims are subject to a two-year statute of limitations, meaning that claimants only have two years from the date of death to file their claims. In cases where the sleeper is determined to have caused the death at a later time, then the statute of limitations starts running after the cause of death is determined. Injury cases are also subject to a two-year statute of limitations (i.e., claimants have two years from the date of the injury or from the date that the injury was discovered to file a claim). Although parents can sue on behalf of their children, survivors can also sue themselves after turning eighteen; in these cases, the statute of limitations does not start running until the victim’s eighteenth birthday. For more information about the total length of time that you have to file your claim, contact the experts here at our law firm immediately. Our lawyers will ensure that you file your claim on time.
Contact Us Today – The Normandie Law Firm is Ready to Help
Here at the Normandie Law Firm, our product liability lawsuit attorneys have the experience necessary to handle your claim effectively and help you recover the highest settlement available for your claim. We know that the legal process can be difficult for you, especially experiencing something as traumatic as the loss of a child. To make things as easy as possible, our firm offers free case evaluations, which include both free consultations and free second opinions. During our free legal services, our expert attorneys will be available to answer all questions and address all of your concerns. To benefit from these free legal services, contact the experts here at our law firm today.
We offer a Zero-Fee guarantee, so our clients will never have to worry about having to pay any upfront legal fees for any of our legal services. In addition, our firm works on a strict contingency structure. This means that our clients will never be required to pay anything until after winning their claims If you do not win anything, then you will not be responsible for paying for anything,
If you are ready to speak with our lawyers, contact our firm today.
Other Pages on Our Website Related to This Topic
Fisher Price Recalls Glide Soothers after 4 Deaths
Fisher Price Rock n Play Sleepers Recall
