December 5, 2012 — What happens when a company recalls a defective product, but the “new and improved” product does not fix foreseeable safety concerns and continues harming people? That question may soon appear before an administrative judge. The Consumer Product Safety Commission (CPSC) has filed a lawsuit against Baby Matters, LLC, the manufacturer of the Nap Nanny and Nap Nanny Chill infant recliners, which have been linked to 6 infant deaths and nearly 100 total incidents.
The Commissioner of the CPSC, Nancy A. Nord, issued this statement after the Commission voted 3-0 in favor of filing the complaint:
“My heart goes out to the parents and families of children who are injured or lose their lives in incidents associated with consumer products. … I believe that the legal theory described in the complaint concerning the reasonably foreseeable misuse of Baby Matters’ products deserves a thorough vetting by an administrative law judge.”
Nap Nanny infant recliners were initially recalled in 2010. At the time, the CPSC had received 1 report of an infant death and 22 reports of infants who were discovered falling or hanging out of the recliner, even though most of the infants were placed in a safety harness.
In June 2010, Baby Matters agreed to issue a voluntary recall of the products. They offered customers with Generation One infant recliners an $80 coupon toward the purchase of a Generation Two product. The improved recliners came with additional instructions about never using it inside a crib, and always using the harness.
Despite the additional warnings, the CPSC continued receiving reports of injuries and deaths — 4 more infants died in Generation Two recliners, 1 infant died in a Nap Nanny Chill, and 70 additional incidents were reported.
The CPSC and Baby Matters, LLC were unable to agree on an adequate voluntary recall plan that would address that safety hazards associated with the products. Soon afterward, the CPSC filed the administrative complaint against the company.
The lawsuit is sure to bring attention to the issue of inadequate recalls. Commissioner Nord said this area of law remains “nebulous and incompletely defined even as the agency has dealt with it over the years.”
Do I have a Nap Nanny Infant Recliner Lawsuit?
The Schmidt Firm, PLLC is currently accepting Nap Nanny infant recliner induced injury cases in all 50 states. If your child or somebody you know has been injured by a Nap Nanny infant recliner, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call toll free 24 hours a day at (866) 920-0753.
Attention Lawyers: We consider a referral from another law firm to be one of the greatest compliments. If your firm is interested in referring us a case or for us to send you a list of previous award judgments and/or average referral fees, please visit the Lawyer Referral section of our website.