The U.S. Consumer Product Safety Commission (CPSC) has filed an administrative complaint against Baby Matters, LLC, of Berwyn, Pa., the manufacturer of Nap Nanny® and Nap Nanny Chill™ infant recliners.
The complaint alleges that the Nap Nanny Generation One and Two and Chill model infant recliners contain defects in the design, warnings and instructions which pose a substantial risk of injury and death to infants. The Commission voted 3-0 to approve the filing of the complaint, which seeks an order requiring that the firm notify the public of the defect and offer consumers a full refund.
According to a press release, CPSC is aware of four infants who died in Nap Nanny Generation Two recliners and a fifth death involving the Chill model.
The release also states that CPSC has received a total of over 70 additional incident reports of children nearly falling out of the recliners. CPSC alleges that the products create a substantial risk of injury to the public.
The Nap Nanny is a portable infant recliner designed for sleeping, resting and playing. The recliner includes a shaped foam base with an inclined indentation for the baby to sit and a fitted fabric cover with a three point harness.
In July 2010, CPSC and Baby Matters, LLC issued a joint recall news release to announce an $80 coupon to Generation One owners toward the purchase of a newer model and improved instructions and warnings to consumers who owned the Generation Two model of Nap Nanny recliners. Subsequently, additional deaths using Nap Nanny recliners have been reported, including one in a Chill model.
The complaint was filed against Baby Matters, LLC after discussions with the company and its representatives failed to result in an adequate voluntary recall plan that would address the hazard posed by consumer use of the product in a crib or without the harness straps being securely fastened.
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To successfully bring a personal injury or wrongful death claim on behalf of a child, clients need an experienced, educated attorney on their side. They also need an attorney with the financial resources to take the case to trial. At Heygood, Orr & Pearson, we are proud of the work we have done on behalf children who have been unfortunately injured as a result of the negligence of others.
For example, a $36 million jury verdict for a child who suffered brain damage and other serious injuries in a bus crash on the way to church camp (read case summary), $6.7 million in a personal injury lawsuit against the United States for medical errors at a VA hospital, which caused permanent brain damage to an 8-year-old child (read case summary), and a $2.2 million jury verdict in personal injury lawsuit involving improper discharge of a newborn from the hospital with low glucose levels, resulting in moderate brain damage.
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