As part of a settlement with the U.S. Consumer Product Safety Commission (CPSC), Baby Matters LLC of Pennsylvania is recalling baby recliners that have allegedly been linked to five infant deaths.
Baby Matters recalled its Nap Nanny and Nap Nanny Chill recliners under pressure from the CPSC,,which had filed an administrative complaint against the company in December of 2012 after Baby Matters refused to recall the product voluntarily. Filing an administrative complaint, which seeks a court ruling to have a product mandatorily removed from the market, is a rare action for CPSC to take.
The company had been in negotiations with CPSC to keep the products on the market since the complaint was filed, but finally voluntarily recalled the products. CPSC says it will now drop the complaint.
Five infant deaths were allegedly linked to the baby recliners. The president of the company contended that the products were used improperly in four out of the five deaths, despite clearly labeled warnings against such use. She rejected the CPSC’s contention that businesses are responsible for their products’ misuse.
In response, a spokesman for the CPSC said that the commission believed that the products presented a substantial hazard and the allegations that the products may have been used improperly did not absolve Baby Matters from responsibility.
“A company needs to anticipate the ways in which consumers will use their products,” he stated.
The company has had one wrongful death suit filed against it in connection with an infant death. Baby Matters will not be accepting returns because it is no longer in business. CPSC urged consumers to immediately dispose of the products and to contact the consumer commission concerning returns and refunds.
If you believe that a defectively designed or manufactured product has caused an injury or a death, the product liability attorneys at the Law Office of Reneé J. Nordstrand want to speak with you. By law, it is a manufacturer’s duty to produce products that are safe for consumers — especially when those products are targeted for children.
If you have questions about your legal rights, call us or contact us online for a free, no-obligation review of your case today.