Boppy Newborn Lounger and Infant Pillow Recalls
Exhausted parents and caregivers are constantly on the lookout for any device or product that can help them to care for their newborns. While some popular infant loungers include warnings against allowing newborns to rest on the products without supervision, unfortunately, not all parents are aware of these warnings or the reasons behind them.
Tragically, the dangers of unsupervised use of infant lounger products have led to numerous newborn deaths. For example, over eight reports of infant deaths have been linked to The Boppy Company of Golden, Colorado, leading to over 3.3 million units recalled by the business.
The eight deaths were reportedly caused by suffocation after infants were placed without supervision on their backs, sides, or stomachs on the loungers. Later, the infants were found on their sides or stomachs, suffocated.
This isn’t the first time improperly designed infant pillows have led to fatalities. Retail giants ended all sales of reclined infant sleepers after a Consumer Product and Safety Commission (CPSC) study linked over 73 infant deaths to the use of infant sleeper recliners. Yet some parents are ignorant of the suffocation hazard these loungers pose, purchasing them online through platforms like Facebook and continuing to use them.
Although there has been a Boppy lounger recall, you may still be entitled to compensation if your child was injured or suffocated because of an infant lounger. If you have questions about your legal rights, turn to McEldrew Purtell for a free consultation to explore your next steps.
Which Products Were Affected by the Recall?
On September 23, 2021, Boppy and the CPSC announced a recall of all of the company’s infant loungers. Three types of Boppy infant pillows are affected by the recall. These pillows were sold across multiple outlets online and within stores, including Walmart, Pottery Barn, Target, and Amazon.
Products affected by the Boppy newborn lounger recall include:
- Boppy Original Newborn Loungers
- Boppy Preferred Newborn Loungers
- Pottery Barn Kids Boppy Newborn Loungers
If you or a family member suffered the death of an infant after using any of these products, don’t hesitate to contact our attorneys today at 866-690-2848.
The Boppy recall extends to all Boppy Newborn Loungers sold between January 2004 and September 2021. The loungers measured approximately 22 inches wide by 23 inches long by 7 inches high. They were sold for $30 to $44.
Boppy Recall Posting courtesy of Boppy.com
Comprehending the effect of a wide-scale baby lounger recall can be difficult. You might have trouble accepting the reality that a product you purchased for your child’s comfort posed a significant hazard to your newborn. McEldrew Purtell will work with you to ascertain whether your lounger product was affected by the recall, and if so, what options might be available to you to obtain justice.
What Is Causing Boppy Infant Loungers to Suffocate Infants?
Suffocation from baby loungers is not always obvious, even after an infant has passed away. When a newborn is believed to have passed away while sleeping, medical professionals and investigators may not suspect that a defective product like a lounger was the culprit. Instead, the newborn’s passing may be mistakenly attributed to sudden infant death syndrome (SIDS).
It may take a more intensive examination of all of the facts and circumstances to discover the true cause of an infant’s death.
Boppy loungers and other infant loungers present a risk of death to babies in one of two ways: suffocation and positional asphyxia.
Babies placed in a Boppy lounger or another infant lounger can suffocate when they roll onto their sides or stomachs, causing their mouths and noses to become covered by the lounger’s fabric material. This prevents the infant from breathing, often leading to suffocation and death.
In some cases, infants have rolled out of their loungers and onto another plush surface, such as a comforter or adult-sized pillow. These items and the materials from which they are made can also lead to suffocation.
Positional asphyxia refers to a situation in which the position of a baby’s head or body interferes with their ability to breathe normally. As infants have not yet developed enough strength to turn themselves over or lift their heads, it is unfortunately all too common for defective products to put a newborn into a position that obstructs their breathing.
The positional asphyxia Boppy lounger problem is especially troubling because children can kick or move themselves into a dangerous position with little warning. For instance, a child may be awake when they are initially placed onto a baby lounger by their parents. Soon after, the child may begin to nod off and slump forward. This dropping of the head and compression of the chest can make it difficult for the child to breathe, leading to asphyxia.
How Do I Know Whether I Have a Boppy Brand Infant Lounger?
Are Boppy pillows safe? Mounting evidence seems to suggest that infant loungers are not safe for newborns. Boppy claims that it had placed warning labels on its infant loungers that instruct parents not to use the lounger as a sleeping place and to always supervise children while the pillow is in use. However, parents may fail to see the warning. Even with supervision, suffocation can happen in a matter of minutes.
Due to the number of Boppy lounger deaths, The Boppy Company, in conjunction with the CPSC, issued a recall on newborn loungers made by the company. Still, it’s not often that parents know the brand of every pillow they buy for their children. With this in mind, make sure to check the UPC/barcode of the tag on your pillow or lounger in order to determine whether you are using a recalled product.
Where Were Boppy Infant Loungers Sold?
The Boppy recall affected over three million products that were sold nationwide, not only at boutique newborn stores but also across major chains such as Target, Pottery Barn, Walmart, and online at Amazon.com. These products were available for sale between January 2004 and September 2021.
At the time of the infant lounger recall, the company ordered the Boppy lounger to be discontinued. This directive means that The Boppy Company is no longer manufacturing or delivering new loungers to any retailer for sale. This does not mean that these products cannot be purchased, though.
A recent NBC news report detailed the ways that some of these recalled items continue to be sold secondhand on platforms like Facebook Marketplace. Smaller businesses that accept and resell donated items may also inadvertently sell a recalled Boppy baby lounger. Thus, despite the recall, these dangerous products can still be found in use and for sale.
Have Other Infant Loungers Been Subject to a Recall?
Boppy is not the only company that has manufactured or distributed infant loungers. Nor is the infant lounger the only product Boppy makes. Numerous other companies manufacture infant loungers that are similar in design and shape to the infant lounger created by Boppy.
However, whereas Boppy has cooperated with the CPSC’s efforts to recall its infant loungers, not all of these other manufacturers have taken a similar approach. At least one other company, Leachco, was asked by the CPSC to recall its infant lounger, the Podster, after it was linked to three infant deaths, according to the CPSC.
The three deaths included an infant who was left in the Podster unsupervised in a crib and another who was resting in a Podster positioned between the child’s parents. The third child was allegedly left in their Podster unattended. Following these incidents, the CPSC reached out to Leacho and asked that the company recall its Podster lounger for the risks it presented.
Rather than cooperating with a recall, Leacho pushed back and insisted that its Podster lounger was safe when used correctly. The company claimed that it provides parents with adequate warnings about the dangers of allowing infants to use the Podster to sleep or leaving infants unattended in the Podster.
The CPSC has filed suit against Leachco, and Leachco has filed a countersuit against the CPSC.
Loungers from Leachco and other companies can still be purchased online and from major retailers.
In addition to its infant lounger, Boppy also manufactures and sells a nursing pillow. This product is horseshoe-shaped but can contribute to some of the same dangers that are present in the Boppy Infant Lounger.
Like infant loungers, parents are warned not to allow their infants to use the pillows unattended or for sleeping. Currently, the Boppy infant lounger recall does not affect these nursing pillows, which can still be purchased.
If You Have a Boppy Infant Lounger, What Should You Do?
If you have a Boppy pillow that is subject to the recall on newborn loungers, you should stop using the product immediately. If your child has not been hurt, you may be eligible to receive a refund. The Boppy lounger refund amount you can receive may depend on the amount you paid for the lounger, as evidenced by a receipt.
To access the Boppy newborn lounger recall refund, you will need to:
- Provide Boppy with the UPC or item number and date code found on the tag on your lounger
- Submit a copy of your receipt, if one is available
- Take a photograph showing that you have destroyed the lounger by cutting it in half and thereby rendering it unusable
You can discard the lounger once you have submitted the requested information. You may still be entitled to a partial, prorated refund even if you do not have all of the items requested. For example, you may still be able to recoup some amount of money as a refund, even if you do not have the receipt for your lounger.
Boppy Recall Posting courtesy of Boppy.com
Filing a Boppy Pillow Lawsuit
If your newborn was injured or killed because of a Boppy infant lounger, a refund of the purchase price of the lounger is hardly adequate compensation. This amount would not address the emotional turmoil and other costs you likely experienced during your ordeal. Instead, you should speak with an experienced attorney at McEldrew Purtell about filing a lawsuit against Boppy for its defective product.
Manufacturers like Boppy owe a legal duty to consumers. This duty requires these manufacturers to produce and sell products that are reasonably safe so as not to unnecessarily injure or kill consumers. Warning labels do not suffice to entirely relieve a manufacturer of this obligation.
To prevail in a lawsuit, evidence would need to show that:
- You purchased a defective Boppy infant lounger, either from a retailer, online, or secondhand
- You used the lounger for your newborn child
- Your infant suffered an injury or was killed because of the lounger
- You sustained an economic or emotional loss as a result of what happened to your child
If your suit is successful, you could recover monetary damages to address any medical bills or ongoing medical care your child will need. You may also receive financial compensation for any emotional distress you experienced. Lastly, a court may find that Boppy’s design and marketing of a defective product were done recklessly or intentionally and order punitive damages as a result.
Potential claims about Boppy loungers are currently being investigated with an eye toward bringing legal action against The Boppy Company. At present, there is no class action or mass tort suit against the manufacturer.
Boppy’s liability will depend on whether its loungers are found to be unreasonably dangerous, especially if they could have been designed in a safer way at a reasonable cost.
If the defenses raised by companies like Leachco are any indication of what might happen with Boppy lawsuits, the manufacturer may try to escape liability by claiming that their product is safe for the purpose for which it is designed.
Boppy may argue that its lounger was never designed for sleeping or unattended use. If used in accordance with its instructions and warnings, they might argue that the lounger is perfectly safe.
It is too early to tell what arguments Boppy may raise. But having an attorney working on your case means that you can mount an effective response to these or other defenses. McEldrew Purtell is prepared to address efforts by Boppy to evade responsibility for its dangerous lounger product.
How Long Do You Have to File a Lawsuit Against Boppy?
If you are interested in pursuing legal action against Boppy, it is crucial you speak with McEldrew Purtell as soon as possible. The law imposes a deadline by which you must bring a defective product lawsuit against Boppy, and once this deadline passes, you might not be able to receive compensation for the harm caused by the product.
In Pennsylvania, this deadline, known as the statute of limitations, is only two years from the date of the injury. This generally means that if it has been more than two years since your child was injured or died as a result of using a Boppy lounger, you may have difficulty obtaining the compensation you deserve.
Do not assume that you are unable to file a suit just because it has been more than two years since your child’s incident. There are exceptions to the statute of limitations that may apply, and you owe it to yourself and your family to allow your situation to be examined by McEldrew Purtell’s team of experienced lawyers.
Contact McEldrew Purtell if You Suspect Your Child Was Affected by a Defective Infant Pillow
Our team consistently wins cases for victims who have been injured or are responsible for loved ones that have been harmed by dangerous products. We do not charge any fees unless you win your case. Speaking to our award-winning attorneys to learn about your legal situation will never cost you a dime. McEldrew Purtell has won multi-million dollar settlements on behalf of birth and newborn injury victims. Let us bring that same expertise to your case and help you win the compensation your family deserves.
If you or a loved one have had a child injured or killed from suffocation or positional asphyxia caused by a Boppy infant lounger, don’t hesitate to contact us immediately. We are available 24/7 to hear about your case.