After the reported deaths of five infants, the federal government is suing the makers of “Nap Nanny” baby recliner for refusing a voluntary recall of its product, which reportedly poses “a substantial risk of injury and death to infants.”
The Consumer Product Safety Commission (CPSC) has filed a lawsuit against the manufacturer, Baby Matters LLC, citing a faulty design, 70 complaints from parents, and five related deaths. The CPSC had previously requested a full recall of the hazardous portable sleeper, but the manufacturer refused to remove the product from store shelves or offer a refund to consumers.
“We believe it is a hazardous product and we are concerned about the safety of the children that are in there,” said CPSC spokesman Alex Flip.
Designed to simulate the curvature of the baby’s carseat and prevent acid reflux, stuffiness, gas, and other common issues for sleeping infants, the Nap Nanny recliner has been the topic of many complaints since its creation in 2009. Parents have reported suffocation as a major concern with the recliner, citing two deaths in 2010. Additionally, more than 20 complaints were submitted of children falling over the side of the product, even when strapped in the safety harness. These initial events prompted the manufacturer to recall the recliner. After raising the sides of the recliner and providing extended instructions, the produce was released back into the market.
Since the initial recall, several incidents have occurred, both with the older, defunct model, and the post-recall model.
The manufacturer responded to the complaints, asserting that “no infant using the Nap nanny properly has ever suffered an injury requiring medical attention.”
Despite this claim, the CPSC has moved forward against Baby Matters LLC, which is now out of business, reportedly due to expansive legal costs. The consumer watchdog organization has requested the product be removed from all retail stores and that the manufacturer provide full refunds to consumers.
Nap Nanny inventor, Leslie Gudel, has firmly opposed the allegations, stating that the company does “not believe the complaint has merit and stand behind the safety of our product when used as instructed.”
The Nap Nanny recliner is made to rest on the floor and is composed of a foam pad with soft cover and safety harness. The units were sold between 2009-2012 in several models. Approximately 50,000 of the original models, Generation One and Two, were sold between 2009 and 2012 and have been discontinued. At least 100,000 new Chill models were released between 2011 and today, and could be potentially hazardous to an infant.
Although a formal recall has not been issued, the CPSC advises consumers to immediately stop the use of the product.
If your child was injured as the result of a faulty product such as this one, you may be eligible for compensation. Contact Jeffrey Killino today to speak to a knowledgeable, compassionate child injury attorney with the experience and tenacity to pursue justice for your child.
