Lawsuits have been filed against Fisher-Price after more than 100 babies died in the recalled Rock ‘n Play Sleeper.
What You Can Do & How We Can Help
The Schmidt Firm, PLLC is currently accepting Rock ‘n Play induced injury cases in all 50 states. If your child or somebody you know was injured or died in a recalled Fisher-Price Rock ‘n Play Baby Sleeper, 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.
UPDATE: Fisher-Price Re-Announces Recall After 100 Baby Deaths Reported
In January 2023, Mattel re-announced a recall for 4.7 million Fisher-Price Rock ‘n Play Sleepers after even more deaths were reported after the original recall in April 2019. Approximately 100 babies have suffocated to death in the Rock ‘n Play, including 8 babies who died after the recall was announced. In a statement from CPSC Chairman Alexander Hoehn-Saric:
“We are issuing this announcement because, despite their removal from the marketplace and a prohibition on their sale, babies continue to die in these products. … Unfortunately, today’s announcement highlights the fact that these products are still in too many homes, and babies continue to be put at risk.”
Most of the babies who suffocated to death in the Rock ‘n Play were able to roll over from their back to their stomach, or twist onto their side, while unrestrained in the Rock ‘n Play. There were also deaths that occurred under “other circumstances,” according to the recall, such as positional airway obstruction that can occur in very young infants who are unable to hold their head up to breathe in an inclined sleeper.
Fisher-Price Rockers Linked to 13 Baby Deaths
In June 2022, safety officials warned parents that Fisher-Price Rockers have been linked to 13 baby deaths since 2009, including the Fisher-Price Infant-to-Toddler Rocker and the Fisher-Price Newborn-to-Toddler Rocker.
No recall was issued because Fisher-Price claims that the products were not advertised for sleep:
“Rockers should never be used for sleep and infants should never be unsupervised or unrestrained in the Rockers.” Furthermore, “No inclined product, made by Fisher-Price or any other company, is safe for infant sleep. Only a firm, flat surface is safe.”
Around 17 million Fisher-Price Rockers have been sold since the 1990s, and safety officials are currently investigating if they should be banned under the Safe Sleep For Babies Act of 2021, which bans inclined “rockers, bouncers, and other soothing infant seats regardless of whether they are intended and marketed for sleep.”
Congress Bans Deadly Inclined Sleepers & Crib Bumpers
In May 2022, Congress passed the Safe Sleep for Babies Act of 2021, a law that will ban inclined sleepers and crib bumper pads. The law will ban all inclined sleeping products with infants under 1 year old that have inclined surfaces greater than 10º.
One mother who lost her 2-week-old daughter spoke to Good Morning America in favor of the law. Erika Richter, whose daughter, Emma, died while using a Fisher-Price Rock ‘n Play Sleeper, has filed a lawsuit against Fisher-Price:
“I have learned that we have a long way to go when it comes to consumer protections, and that legacy brands do not equal trust. People die because they make assumptions that the brands themselves are doing their due diligence, and you cannot put that type of control in the hands of profit maker or profit owner.”
97 Baby Deaths Linked to Rock ‘n Play Sleeper
In June 2021, Fisher-Price admitted in shocking testimony to lawmakers that it was aware of 97 infant deaths in the Rock ‘n Play Sleeper, which was nearly twice what the company had ever previously reported, and 7-times the number of deaths that the company reported to the government when it was fighting against a recall.
Lawmakers Hold Hearing on Rock ‘n Play Recall
On June 7, 2021, lawmakers with the House Committee on Oversight and Reform held a hearing in which they blasted Fisher-Price and its parent company, Mattel, over the Rock ‘n Play Sleeper recall.
Days before the hearing, the Committee released a staff report on the scandal, finding:
- Fisher-Price made over $200 million selling the Rock ‘n Play Sleeper for 10 years, between 2009 and 2018.
- The Rock ‘n Play went completely against expert advice on safe sleep (put babies on their back to sleep on a firm, flat surface), but Fisher-Price did not consult with a single licensed pediatrician before advertising the Rock ‘n Play “for all-night sleep.”
- Fisher-Price continued to sell the Rock ‘n Play until there were reports of dozens of baby deaths
Consumer Reports Finds 19 More Deaths in Rock ‘n Play Sleeper
In March 2020, Consumer Reports found another 19 deaths due to the now-recalled Fisher-Price Rock n’ Play Sleeper since June 2019, based on data from a lawsuits, government records, and parents. Another 32 infant deaths were reported when it was recalled in April 2019.
Inclined Sleepers Pose Deadly Suffocation Hazard for Babies
Since January 2005, inclined sleepers have been linked to at least 92 infant deaths and over 1,100 incidents, including severe injuries and close calls, according to the Consumer Product Safety Commission.
For more information, please read Safe Sleep guidelines to help prevent suffocation and SIDS (Sudden Infant Death Syndrome).
Fisher-Price Recalls All Rock ‘n Play Sleepers
In April 2019, Fisher-Price recalled all 4.7 million Rock ‘n Play Sleepers after reports of at least 32 infant fatalities since the product was introduced in 2009.
Rock ‘n Play Sleeper Lawsuits Filed Against Fisher-Price
At least two class action lawsuits have been filed against Fisher-Price and Mattel following a recall of the Rock ‘n Play Sleeper.
The first lawsuit (PDF) was filed by Delaware couple Samantha Drover-Mundy and Zachary Mundy on behalf of claimants nationwide. They say the recall didn’t come soon enough to save their 12-week-old daughter who died minutes after being put in a Rock ‘n Play Sleeper.
The second lawsuit (PDF) was filed on April 19 by Cassandra Mulvey of Nassau County, New York. The lawsuit claims the marketing of the Rock ‘n Play “was dangerously false and misleading.” She accuses Fisher-Price of ignoring deadly risks for years before the recall.
What is the Problem?
The deaths occurred when infants rolled over while unrestrained and suffocated against the sides of the product, or under other circumstances. Many of the deaths involved infants who were 3 months or older. The latest death was reported in March 2019.
Positional Asphyxia
In addition to rolling over, another problem with inclined sleepers such as the Rock ‘n Play Sleeper is that very young babies who cannot hold up their head can potentially suffer “positional asphyxia,” in which the chin dips down and touches their chest, cutting off their airway.
What Should I Do?
Fisher-Price sold the Rock ‘n Play Sleepers at major retailers for approximately $40 to $149. Consumers should immediately stop using the product and contact Fisher-Price for a refund or voucher.
For more information, contact Fisher-Price online at www.service.mattel.com and click on “Recalls & Safety Alerts” or toll-free at 866-812-6518 from 9 a.m. to 6 p.m. ET Monday through Friday.
Fisher-Price Issues Safety Warning
On April 5, Fisher-Price and the Consumer Product Safety Commission issued a warning against using the Rock ‘n Play Sleeper after an infant is 3 months old or capable of rolling over. Previously, Fisher-Price warned parents to always use the 3-point harness because infants can fall out of the sleeper and suffer serious injuries.
Safe Sleep for Babies
The American Academy of Pediatrics recommends that parents provide babies under 1 year old with a safe sleeping space, with no extra bedding, in a crib, Pack ‘n Play, or safety-tested bassinet.
“Never add blankets, pillows, stuffed toys, or other items to the environment and always place infants to sleep on their backs.”
Do I have a Rock ‘n Play Lawsuit?
The Schmidt Firm, PLLC is currently accepting Rock ‘n Play induced injury cases in all 50 states. If your child or somebody you know was injured or died in a recalled Fisher-Price Rock ‘n Play Baby Sleeper, 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.
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