Status of Boppy Newborn Lounger Lawsuits
Plaintiffs are filing individual lawsuits against The Boppy Company for compensation for damages incurred after their children died while using the Boppy Newborn Lounger.
- June 2023: The defendant responded to plaintiffs’ claims in Limeux v. The May Company LLC, and Artsana U.S.A. Inc. by stating that “Boppy admits only that it marketed, advertised and sold the Newborn Lounger as a product to be used during supervised awake time only and included clear and unambiguous warning labels and instructions expressly warning against use of the product while the infant was unsupervised or for sleeping.”
- January 2023: The filing of the State Court Notice of Removal to Federal Court moved Limeux v. The May Company from Civil District Court for the Parish of Orleans, State of Louisiana to Federal Court in the Eastern District of Louisiana.
- October 2022: One of the first civil lawsuits, Wooten and Reid v. Boppy, Walmart and Artsana, began after the death of the plaintiffs’ infant as a result of use of the Boppy Newborn Lounger. The lawsuit was filed in Federal Court in the U.S. District Court for the Eastern District of Pennsylvania.
Plaintiffs allege that the company knew about the dangers of the Boppy Newborn Lounger but didn’t recall the product right away. The company denies the allegations but does admit that in September 2021, the Consumer Product Safety Commission issued a recall for all models of the Boppy Newborn Lounger.
Why Are People Filing Lawsuits Against Boppy Newborn Loungers?
People are suing The Boppy Company because the Boppy Newborn Lounger, a type of Boppy Pillow, may cause suffocation if a baby rolls over, falls asleep or is placed in the lounger in a position that may block the airway.
The U.S. Consumer Product Safety Commission stresses that pillow-like products, including the Boppy Nursing Pillow and Boppy Newborn Lounger, are often used to babyproof areas infants play in, but they are not safe for sleep. Infants should sleep on a flat, firm surface.
Loungers and pillow-like products are not safe for infant sleep, due to the risk of suffocation … these Boppy lounger products are simply too risky to remain on the market.
Babies may fall asleep easily in the lounger, and the Boppy lounger design doesn’t prevent the baby from rolling over or sleeping in a position that may block their airway. At least 10 babies have died from suffocation after using the Boppy Newborn Lounger.
The reported suffocation deaths occurred from December 2015 to November 2021, with two occurring after The Boppy Company issued a recall in September 2021. According to lawyers, despite knowing the risk of suffocation, Boppy failed to change the design of its loungers earlier to prevent further deaths.
CPSC Warnings and Facebook Marketplace
In 2021, the CPSC published a Boppy Newborn Loungers recall notice, causing a removal of the products from stores and official store websites. However, the recalled loungers continued to be for sale on Facebook Marketplace.
While Meta, the parent company behind Facebook, worked to resolve the issue, the CPSC issued a letter to Mark Zuckerberg, the owner of the social media platform. On June 6, 2023, the CPSC reminded Zuckerberg that sales of these items are illegal and urged him to “prevent the sale of recalled and violative consumer products on Facebook Marketplace.”
Meta responded to the CPSC that it has policies in place to stop the sale of recalled items and that when they find a listing that violates this policy, they remove it. To date, Meta has not responded with a concrete timeline regarding removing all Facebook Marketplace listings selling the Boppy Newborn Lounger, despite the CPSC requesting a response by June 30, 2023.
What Types of Boppy Pillows Are Being Recalled?
In September 2021, The Boppy Company issued a recall for Boppy Newborn Loungers, covering the 3.3 million Newborn Loungers sold online and in stores, including Walmart, Target and Amazon.com. The CPSC issued its Safety Notice regarding the recall because the products are still for sale in secondary online markets. The 2021 recall doesn’t include other Boppy pillows, such as the Boppy Nursing Pillow, but in 2019 the company issued a recall for its Boppy Infant Head and Neck Support Accessories.
The Boppy Newborn Lounger can be dangerous because babies can “suffocate if they roll, move, or are placed on the lounger in a position that obstructs breathing, or roll off the lounger onto an external surface, such as an adult pillow or soft bedding that obstructs breathing,” according to the CPSC recall notification.
- Boppy Original Newborn Lounger
- Boppy Preferred Newborn Lounger
- Pottery Barn Kids Boppy Newborn Lounger
The 2019 recall of Boppy Infant Head and Neck Accessories covered the 14,000 products sold to that date. According to the recall notification from CSPC, the head support cushion can be overstuffed, leading a baby’s head to tilt too far forward and increase the risk of suffocation.
Who Qualifies to File a Boppy Pillow Lawsuit?
If your infant was seriously injured while using an Original, Preferred or Pottery Barn Kids Boppy Newborn Lounger, you may be eligible to file a Boppy Newborn Lounger lawsuit. If your baby died after using the lounger, you may file a wrongful death lawsuit. Damages you may recover include medical and funeral expenses and pain and suffering.
To find out your eligibility, you will need to contact an experienced product liability and wrongful death lawyer. Before you talk to the lawyer, make sure you have all the information about your Boppy Newborn Lounger and any documentation to do with your claim. This includes receipts or other proof of purchase, photos of the product and your child’s medical records.
The recalled Boppy Newborn Lounger products were sold online and in stores from January 2004 to September 2021. You also may have bought your Boppy Newborn Lounger through a secondary online market, like Facebook Marketplace. A lawyer may be able to help you with documentation of purchase if you don’t already have it.
How Much Will Boppy Newborn Lawsuits Be Worth?
To date there hasn’t been a Boppy Newborn Lounger settlement, and lawyers are still investigating plaintiffs’ claims. There are multiple cases filed against the makers of Boppy Newborn Loungers, but courts have set no trial dates.
Legal experts note that compensation for damages could reach millions of dollars, but that individual case details will impact settlements. It is unlikely that the courts will compile the different cases going to trial into multidistrict litigation unless many more plaintiffs come forward. In either situation, court proceedings can take months or years to finalize. An experienced lawyer can advise you on the timeline and settlement expectations for your case.
7 Cited Research Articles
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- Consumer Product Safety Commission. (2023, June 6). Letter to Mark Zuckerberg. Retrieved from https://www.cnbc.com/2023/06/06/recalled-boppy-lounger-linked-to-infant-deaths-sold-on-facebook.html
- Khimm, S. & Chuck, E. (2023, July 17). Boppy’s recalled infant lounger is now linked to at least 10 deaths. Retrieved from https://www.nbcnews.com/news/us-news/boppy-newborn-lounger-recalled-more-deaths-rcna86945
- Fonrouge, G. (2023, June 6). Recalled Boppy baby pillow linked to 10 infant deaths still widely sold on Facebook Marketplace, regulators say. Retrieved from https://www.cnbc.com/2023/06/06/recalled-boppy-lounger-linked-to-infant-deaths-sold-on-facebook.html
- Franklin, J. (2023, June 6). 2 more infants die using Boppy loungers after a product recall was issued in 2021. Retrieved from https://www.npr.org/2023/06/06/1180460943/boppys-recalled-infant-lounger-10-deaths
- Fallon, E.C. (2023, May 22). Document 30 of Case 2:23-cv-00190-EEF-JVM Defendant The Boppy Company’s Answer to Plaintiffs’ Original, First, and Second Amended Petition for Damages, Affirmative Defenses, and Jury Demand. Retrieved from
- CPSC. (2021, September 23). The Boppy Company Recalls Over 3 Million Original Newborn Loungers, Boppy Preferred Newborn Loungers and Pottery Barn Kids Boppy Newborn Loungers After 8 Infant Deaths, suffocation risk. Retrieved from https://www.cpsc.gov/Recalls/2021/The-Boppy-Company-Recalls-Over-3-Million-Original-Newborn-Loungers-Boppy-Preferred-Newborn-Loungers-and-Pottery-Barn-Kids-Boppy-Newborn-Loungers-After-8-Infant-Deaths-Suffocation-Risk
- CPSC. (2019, July 23). The Boppy Company Recalls Infant Head and Neck Support Accessories Due to Suffocation Hazard. Retrieved from https://www.cpsc.gov/Recalls/2019/The-Boppy-Company-Recalls-Infant-Head-and-Neck-Support-Accessories-Due-to-Suffocation-Hazard