- May 30, 2019 – The Washington Post released an article discussing the lack of medical safety testing for the Rock’n Play product. The research completed was inconsistent and there was no solid evidence to suggest sleeping at an elevated angle was beneficial to infants. In addition, Fisher-Price’s medical consultant was a family doctor who had only been treating patients for a few years and then started doing consulting work. His work was found to be flawed and unsupported. Click here to read the full article.
- April 26, 2019 – Just two weeks after Fisher-Price recalled Rock ‘n Play sleepers, the CPSC has announced another recall of inclined infant sleepers. Read about the Kids II Rocking Sleepers recall here.
- April 23, 2019 – A class action suit has been filed against Fisher-Price. Read the article at USA Today for more information.
A warning from the Consumer Product Safety Commission (CPSC) about the Fisher-Price Rock’n Play has led to the manufacturer to recall all models of the product following injuries and deaths of 30 infants since the product came to market in 2009.
According to the (CPSC), “over 30 infant fatalities have occurred in Rock ‘n Play Sleepers, after the infants rolled over while unrestrained, or under other circumstances.” These are just incidents of which the CPSC is aware.
A joint statement from the CPSC and Fisher-Price in April 2019 warned consumers to stop using the product when infants can roll over—around age 3 months or younger for most infants—but “the reported deaths show that some consumers are still using the product when infants are capable of rolling and without using the three-point harness restraint.”
The majority of safe sleep guidelines recommend infants are placed flat on their back to sleep, with no pillows, blankets, or stuffed animals in the crib.
Advocates Urge Recalls of Fisher-Price Sleeper Products
A former CPSC commissioner, Marietta Robinson, who served as one of several CPSC commissioners July 2013-June 2018, alleges that the agency knew of the risk of these types of products for years and could have taken action sooner.
Other statements from the Consumer Reports magazine and the American Academy of Pediatrics have also urged the recall to occur and existing products to no longer be sold in stores.
Estimates are that over 4.7 million Rock’n Play products are in the market at the time of this writing, and the recall is for all models regardless of their time of production.
Mattel Issues Refunds and Vouchers to Rock’n Play Sleep Customers
Mattel, Fisher-Price’s parent company, has issued instructions for refunds and vouchers relating to the Rock’n Play product. Customers may receive a full cash refund for the suggested retail price if the product they own was purchased in the last 6 months, and a voucher for a new Fisher-Price product if the product was purchased longer than 6 months ago. Consumers are urged to read and follow instructions fully on the Mattel website in order to receive either the refund or the voucher for the voluntarily recalled product.
Has Your Child Been Injured in a Fisher-Price Rock’n Play?
Safety precautions from product manufacturers rarely are sufficient to prevent injury or death in the presence of an inherent design defect. Even if the manufacturer’s guidelines are followed, injury or death may still occur.
Families affected by this recall could potentially have a product liability claim. The Simon Law Firm has the resources and experience to evaluate the design of the product and discover the manufacturing or design flaw that led to an unnecessary injury or death.
Questions our attorneys consider when reviewing cases with alleged product liability include:
- What information did the company possess during the design process?
- When did the company first learn of a potential defect in their product?
- Has the company ever been sued before for a similar or identical problem?
- What did the company do in the face of a report that its product caused injury or death?
- Did the company do anything to warn about the problem?
- Was there adequate testing?
- Was there retesting and/or modifications after incidents were reported?
If a product has caused injury or death, it is important to preserve the product if possible. Be sure to document the use of the product, the date the injury or death occurred, and keep any records you might have from medical professionals that may be used in the defective product claim.
“I am very happy to see this horrifically dangerous product be recalled from the shelves,” attorney Johnny M. Simon of The Simon Law Firm said. “Despite repeated warnings from reputable organizations like the American Society of Pediatrics, this product continued to be sold and used by the consuming public—fathers, and mothers with very small children. The tragedy, as with most recalls, is why Mattel’s Fisher-Price took so long to do the right thing. We need to find out what information Mattel’s Fisher-Price had in their possession regarding this defect. Needing 30 people, young children, to die before recalling your product from the market is unacceptable.”
Contact Our Fisher-Price Rock’n Play Recall Attorneys
If you or a loved one has been impacted by the Fisher-Price Rock’n Play recall, please contact the compassionate and dedicated attorneys at The Simon Law Firm today for a free consultation regarding your case.