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 (CPSC) stresses that pillow-like products including the Boppy Nursing Pillow and Boppy Newborn Lounger are not safe for sleep. Infants should sleep on a flat, firm surface. Unfortunately, it’s easy for babies to fall asleep in the lounger, and the Boppy lounger design doesn’t prevent the baby from rolling over or sleeping in a position that may block the airway.
Loungers and pillow-like products are not safe for infant sleep, due to the risk of suffocation. Since we know that infants sleep so much of the time – even in products not intended for sleep – and since suffocation can happen so quickly, these Boppy lounger products are simply too risky to remain on the market.
At least eight babies have died from suffocation after using the Boppy Newborn Lounger. The reported suffocation deaths occurred from December 2015 to June 2020. The Boppy Company didn’t issue a recall until September 2021. Despite knowing the risk of suffocation, Boppy failed to change the design of their loungers to prevent further deaths, according to lawyers.
Parents are filing wrongful death and product liability lawsuits for potential compensation for damages such as: Medical bills, loss of their child, funeral expenses and pain and suffering.
What Types of Boppy Pillows Are Being Recalled?
So far, The Boppy Company has only recalled the Boppy Newborn Loungers. The company issued a recall in September 2021 for 3.3 million loungers sold online and in stores including Walmart, Target and Amazon.com.
This recall doesn’t include other Boppy pillows, such as the Boppy Nursing Pillow.
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 Newborn Lounger
This isn’t the first product The Boppy Company has recalled because of a suffocation hazard. In July 2019, the company recalled 14,000 of its Boppy Infant Head and Neck Support Accessories.
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 child was injured or died while using a Boppy Newborn Lounger, you may be eligible to file a lawsuit for compensation.
Before you talk to a lawyer, make sure you have all the information about your Boppy Newborn Lounger and documentation of your infant’s injuries. This includes any receipts or other proof of purchase or photos of the product and your child’s medical records.
The recalled products were sold from January 2004 to September 2021. You may have bought your lounger at a local store or online. If you don’t have documentation, a lawyer may be able to help you get it
Litigation Status for Recalled Boppy Products
The Boppy Newborn Lounger litigation is in the early stages and lawyers are investigating potential claims for their clients. Only a lawyer can tell you if you have a claim, and there’s no cost to you to speak to an attorney. You will only have to pay a fee if your attorney makes a recovery on your behalf.
If want to file a lawsuit, make sure you speak to a lawyer right away. There are time limits to file a claim against The Boppy Company, and if the statute of limitations runs out, you may lose your right to file a lawsuit.
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- Consumer Product Safety Commission. (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
- The Boppy Company. (2021, September 23). Newborn Lounger Recall – Frequently Asked Questions. Retrieved from https://cdn.shopify.com/s/files/1/0039/7043/3094/files/NBL_FAQs_092421.pdf?v=1632512603
- The Boppy Company. (2021, September 23). Safety Recall. Retrieved from https://www.boppy.com/pages/loungerrecall
- U.S. Consumer Product Safety Commission. (2020, October 7). CPSC Warns Parents Not to Use Nursing Pillows for Sleep; Agency Is Investigating Infant Deaths that May Be Associated with Pillow-Like Products. Retrieved from https://www.cpsc.gov/Newsroom/News-Releases/2021/CPSC-Warns-Parents-Not-to-Use-Nursing-Pillows-for-Sleep-Agency-Is-Investigating-Infant-Deaths-that-May-Be-Associated-with-Pillow-Like-Products
- U.S. Consumer Product Safety Commission. (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