Infant Safety: Legal Actions & Boppy Newborn Lounger Lawsuits

by | Dec 28, 2023 | Product Liability, Baby Products

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People in this world are more concerned about their children’s lives compared to their own. From birth, they pay attention to each and every component of their children’s well-being, including the products they buy for them.

However, the most popular and safer products can also become defective. Yes, in this blog, let me explain one such famous product that broke the trust of millions of parents.

In recent years, Boppy Lounger pillows have become a massive necessity for parents to secure their babies comfortably. But what it led to will astound you.

Let us delve deeper into this Boppy Newborn Lounger and let you know why parents are in a hurry to file Boppy Newborn Lounger lawsuits. Also, let me suggest some of the crucial facts you should know if you are one of the parents wondering about filing a Boppy Newborn Lounger lawsuit.

Boppy Lounger 

A Boppy Lounger pillow is a soft, cushioned, supportive infant seat. These loungers are commonly made of soft fabric materials that are comfortable for the baby’s delicate skin.

Boppy Loungers are a portable and lightweight alternative to traditional cribs, bassinets, or playpens. They often come with safety harnesses or straps to keep the baby secure and prevent them from rolling or falling out. It can be placed on the floor, on beds, or on other flat surfaces under adult supervision.

Boppy Loungers typically have a contoured form with raised borders and a padded core to create a snug and secure environment for infants to rest, play, or engage in supervised activities. Many parents find it an excellent addition during the first few months of child birth.

Though it has enough features to secure babies in a comfortable position, there is a drawback too. Let us take a look at the reasons that took parents to come front to file a lawsuit against bobby Loungers.

The reason behind Boppy Newborn Lounger lawsuits- Is Boppy Lounger safe for baby?

People are suing the Boppy Company, the manufacturers of the Boppy Lounger pillows because these loungers may cause suffocation if a baby rolls over, falls asleep, or is placed in the lounger in a position that may block the airway.

The U.S. Consumer Product Safety Commission stresses that pillow-like products, including the Boppy Nursing Pillow and Boppy Newborn Lounger, are unsafe for sleep.

Unfortunately, it’s easy for babies to fall asleep in the lounger, and the Boppy Lounger design doesn’t prevent the baby from rolling over or sleeping in a position that may block the airway.

The Boppy Company didn’t issue a recall until September 2021. Despite knowing the risk of suffocation, Boppy failed to change the design of their loungers to prevent further deaths.

The company issued a recall in September 2021 for 3.3 million loungers sold online and in stores, including Walmart, Target, and Amazon.com.

What was the response of the Boppy Company about the recall?

The Boppy Company mentioned in the recall notice that the lounger was not advertised as an infant sleep product and included warnings against unsupervised use.

The company stated that it is committed to “doing everything possible to safeguard babies,” including informing parents on the necessity of warnings and instructions associated with harmful infant sleep practices.

What are the products recalled? 

  • Boppy Original Newborn Loungers
  • Boppy Preferred Newborn Loungers
  • Pottery Barn Kids Boppy Newborn Loungers

A-picture-depicting-Boppy-newborn-lounger-lawsuits

These are not the first products that the Boppy Company has recalled because of a suffocation hazard. In July 2019, the company recalled 14,000 of its Boppy Infant Head and Neck Support Accessories.

According to the recall notification from Consumer Product Safety Commission(CSPC), the head support cushion can be overstuffed, leading a baby’s head to tilt too far forward and increase the risk of suffocation.

Is it essential for infants to use Boppy Loungers?

Infants do not require Boppy Loungers, but they can sleep comfortably in a lounger. There are specific reasons why a lounger is not required for infants, which are as follows:

  • Infants should always sleep on a firm, flat surface
  • Supervision is required for the babies while sleeping on a lounger
  • Loungers are only helpful for some months
  • They are more expensive

What to do if you own a Boppy Lounger which was recalled?

The Boppy Company offers parents refunds if they own any of the three recalled products. To receive their money back, consumers have to take the following steps:

  • Visit the Boppy Pillow Lounger recall website and fill out the form.
  • Provide your lounger’s item number, UPC, and date code.
  • Upload a copy of the receipt if the receipt is available.
  • Cut the Boppy Lounger in half, then send a picture of the destroyed product to the Boppy Company by text, email, or post.

Boppy Lounger death 

At least eight babies have died from suffocation after using the Boppy Newborn Lounger. The reported suffocation deaths occurred from December 2015 to June 2020. These babies were reportedly placed on their sides, back, or stomachs on the newborn lounger.

Boppy lawsuit update 2023

In an announcement released by CPSC on June 6th, 2023, the agency confirmed that two more deaths were reported after the 2021 recall, bringing the total number of deaths to 10.

According to the CPSC, one infant died from positional asphyxia in October 2021 after the child was placed on the lounger and rolled underneath a nearby adult pillow.

The second infant died in November 2021 after the child was placed on a newborn lounger in an adult bed with a parent and soft bedding, the CPSC said, and the child was later found deceased on the lounger.

Since the initial recall, the pillows have not been available for sale. Still, regulators warned that the products remain available on online marketplaces, including Facebook, and urged people attempting to resell the pillow to take the advertisements down as it’s illegal to sell a CPSC-recalled product.

What to do if a Boppy Lounger injures your child?

If your child was injured or dead due to the lounger’s unsafe design, you might be eligible to file a Boppy Newborn Lounger lawsuit against the company for damages.

The Boppy Company will not voluntarily compensate you for your losses. Instead, to pursue a claim against the Boppy Company, you should contact a licensed boppy lounger lawyer with trial experience.

Make your case with convincing proof that your infant’s death was caused by the lounger’s faulty design.

What are the attainable compensations for Boppy Newborn Lounger lawsuits?

  • Hospital bills
  • Emotional pain and suffering
  • Funeral and burial costs
  • Loss of companionship

While no money can replace your child’s life or your sense of trust and security, a personal injury action can help you recover financially. It also sends a powerful message to companies that design and sell unsafe products.

Some common FAQs related to Boppy Newborn Lounger lawsuits

Can you sue after a recall?

Yes, considering the circumstances and the recall’s nature, it is possible to pursue a lawsuit following a product recall. A recall typically occurs when a product is found to be defective, potentially harmful, or violates safety standards. While a recall is intended to address the issue and protect consumers, it does not necessarily absolve the manufacturer or seller from potential legal liability.

If you have suffered harm or incurred damages due to a defective product subject to a recall, you may have grounds to file a lawsuit.

Are there any time limits to file Boppy Newborn Lounger lawsuits?

Yes, there are time limits, or statutes of limitations, for filing Boppy Newborn Lounger lawsuits. But the usual statute of limitations for product liability claims is two years following the date when the injury was sustained. This means that if a Boppy Newborn Lounger injured your child, you would have two years from the date of the injury to file a Boppy Newborn Lounger lawsuit.

How can an attorney help me with a Boppy Newborn Lounger lawsuit?

An attorney can help you with a Boppy Newborn Lounger lawsuit in several ways. They can:

  • Review the truths of your case and help you determine if you have a claim against Boppy.
  • Help you gather evidence to support your claim. This may include medical records, photographs, and product testing.
  • Negotiate with Boppy on your behalf to try to settle.
  • File a lawsuit on your behalf if the debate with Boppy is unsuccessful.
  • Represent you in court and advocate on your behalf.

What steps should I take to pursue a Boppy newborn lounger lawsuit?

Here are the steps you should take if you want to pursue a lawsuit against Boppy for a newborn lounger issue:

  • Gather evidence
  • Find an attorney
  • File a lawsuit
  • Negotiate a settlement
  • Go to trial

As parents, we want to employ every step possible to preserve our child safe. The Boppy Newborn Lounger was supposed to be a safe place for our babies to sleep, but it turned out to be a death trap.

We need to hold companies accountable for selling unsafe products. If you have lost a child due to the Boppy Newborn Lounger, please consider filing a lawsuit. There is no other way for assuring that this won’t happen anymore.

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Luis

Medlegal 360

MedLegal360 is a specialized author in medical-legal matters, providing clear, authoritative insights on healthcare legislation and personal injury litigation for professionals and the curious.

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