Nap Nanny Recall Accident and Injury Attorney in New York City
Since 2010, six children have died after being placed in the Nap Nanny, including an eight-month-old girl as recently as June 2014. The Nap Nanny was first recalled in 2012, and in 2013 Nap Nanny and Nap Nanny Chill infant recliners and covers were taken off the market. Despite its recall, however, the product remained on the shelf, and can still be found in unmonitored forums like yard sales and thrift shops. After the sixth infant death, the federal government stepped in with another aggressive press release urging parents to immediately discontinue the use of the Nap Nanny for the safety of their children if they still have the Nap Nanny in their home. According to a spokesperson at the Consumer Product Safety Commission (CPSC), the device has been called “entrapment and suffocation risk to babies.”
The History of the Nap Nanny
The Nap Nanny is a secure and seemingly adorable, comfortable cushioned non-moving seat with a harness that allows a sleeping baby to remain partially upright while slumbering. The design of the product was intended to mimic a car seat, allowing the infant to recline without lying down on its back, a position that may be helpful in eliminating reflex and gas in small children.
In June 2013, the Consumer Product Safety Commission issued a press release about the recall of the product manufactured by Baby Matters, LLC, a Berwyn, Pennsylvania company. Baby Matters, LLC was sued by the federal government after 92 incidents and five infant deaths. Four of the children were using the Nap Nanny Generation Two Recliner; the fifth was using the Nap Nanny Chill model. The company issued a voluntary recall in 2013 as part of a 2012 settlement filed by the Consumer Product Safety Commission who sought a mandatory recall of the Nap Nanny and Nap Nanny Chill.
The most recent incident includes an 8-month-old baby from New Jersey who died using the Nap Nanny Chill in a crib. Sadly, as with this child, babies are unable to correct themselves to sit back up if they have rolled over the side of the Nap Nanny. The harness was designed to keep the child in a safe position, when in fact, it was found to keep babies stuck in a position that causes suffocation.
While the Nap Nanny is no longer sold legally in the United States, it can still be found. In fact, 165,000 of these products were sold between 2009 and 2012. This product was originally sold at major retailers including Toys R Us, Babies R Us, Buy Buy Baby, and Amazon, with an average price point of $130.00 per unit.
The Problem with the Nap Nanny
The Nap Nanny and the Nap Nanny Chill pose a product defect in their design when the baby becomes trapped between the bumper (or side) of the Nap Nanny and the side of the crib. The baby could become trapped and suffocate, which is how the majority of injuries and deaths among babies who have used the Nap Nanny have been affected.
Nap Nanny and its associate product, the Nap Nanny Chill, were used by thousands between the years 2009 and 2012. At the time of initial concerns about the recall, the manufacturer claimed the product was being used incorrectly and refused to remove the product from shelves despite its increasing problems. Baby Matters, LLC, a Berwyn Pennsylvania company, manufactured the Nap Nanny is now bankrupt
Recalled products make the news all the time and the Consumer Product Safety Commission makes it a priority to alert consumers about the risks and liabilities of using recalled and defective products, particularly when it comes to toys and baby products. Consumers should be cautious about purchasing products that may have a recall warning, as many manufactures continue to make their products available and refuse the claims of the recall. Parents should also be aware that recalled products are often found at thrift stores and online forums like Craigslist.
Keeping Kids Safe: What to do in Case of a Recall
Many infants are injured and die each year as a result of incidents and accidents that happen while the infant is in a crib, at home or at the home of a caregiver or relative. Parents can enlist some rules of caution when it comes to the safety of the baby, including the following:
- Nothing should be in a crib with a baby including blankets, cushions or bumpers; it is easy for a child to suffocate or become entangled in the material.
- If the baby has learned to crawl or can roll over, certain products are no longer age-appropriate.
- Arms and legs are easily stuck between the bars of a crib and bestrewn products in the crib.
- Report any injuries or incidents immediately to authorities.
- Keep up-to-date with recalls and other recalled items on the list provided by the Consumer Product Safety Commission
Legal Help for Nap Nanny Product Liability and Recall in New York City
According to the Consumer Product and Safety Commission, it is illegal to sell, offer for sale, distribute, manufacture or import any model of the Nap Nanny. Although the bankrupt company is not accepting any returns, consumers should contact the retailer where the item was purchased to find out how to return the defective product and obtain a refund.
If your infant or the infant of someone you know has been injured or died due to the use of the Nap Nanny or Nap Nanny Chill or any of its affiliated products, consulting with Finz & Finz, P.C., personal injury lawyers will help you further understand your rights regarding recalled products and product liability. A simple Free Nap Nanny Injury Case Evaluation Form will start the process. You can also call toll-free at (855) TOP-FIRM to speak with an experienced attorney now.