Fisher-Price Rock ‘n Play Lawsuits

As of April 2024, there were 16 Fisher-Price Rock n’ Play lawsuits pending in multidistrict litigation in the U.S. District Court for the Western District of New York. The Fisher Price Rock ‘n Play lawsuits include several legal actions filed by plaintiffs who claimed that the harmful product was dangerous and caused injuries or death to their children. Courts consolidated the case into multidistrict litigation in the same court to centralize the process.

While some plaintiff’s attorneys argued against centralizing, seeking to move their cases to a specific district, the defendants argued that the Central District of California was the most suitable forum due to the many complex litigation cases heard there. On Aug. 1, 2019, the U.S. Judicial Panel on Multidistrict Litigation issued a transfer order centralizing the cases in the Western District of New York.

Plaintiffs are filing lawsuits claiming that using the Fisher-Price Rock ‘n Play led to the injury or death of their children and that Fisher-Price was aware of the dangers associated with the sleeper but proceeded to sell it anyway. One of the earlier Fisher-Price Rock ‘n Play lawsuits was brought by Keenan and Evan Overton, whose 5-month-old son died while using the sleeper. These and other plaintiffs allege that Fisher-Price falsely marketed the product as safe for all-night or prolonged sleep for infants.

The lawsuit claims the angle infants rest at in the sleeper increases the risk of asphyxia, or suffocation, because babies can roll over and smother or their heads can slump forward and obstruct their airways. Other risks include developing flat head, known as plagiocephaly, and twisted neck, or torticollis, syndromes.

Consumer Reports’ investigative reporting revealed that at least 50 infants have died in inclined sleepers. Fisher-Price recalled 4.7 million Rock ‘n Play Sleepers in April 2019 after 32 infant deaths were linked to the sleeper. Kids II also recalled hundreds of thousands of rocking sleepers due to similar safety risks.

In the past, experts thought that inclined sleeping was helpful for babies with reflux or GERD. However, the Academy of Pediatrics has indicated that the safest place for babies to sleep is on their backs on a flat, firm surface. There are alternatives to Rock ‘n Play, such as bassinets, cradles and cribs.

On Monday, May 16, 2022, President Joe Biden signed into law the “Safe Sleep for Babies Act of 2021,” which prohibits the manufacture and sale of inclined sleepers for infants and crib bumpers. Sleep safety is a key element of babyproofing.

Inclined sleepers for infants are those designed for an infant up to 1 year old that have an inclined sleep surface of greater than 10 degrees. Crib bumpers are the padded materials placed around the inside of a crib that are intended to prevent the baby from becoming trapped in any part of the crib’s openings. Crib bumpers do not include unpadded mesh crib liners.

The recall of the Fisher-Price Rock ‘n Play Sleeper, originally recalled on April 12, 2019, was reissued on Jan. 9, 2023, because an additional 12 fatalities had occurred since the initial recall. These occurred even after the sleeper was removed from the marketplace and banned from sale.

If your infant was seriously injured or died while using a Fisher-Price Rock ‘n Play baby sleeper, you may be eligible for compensation for injuries that caused physical, financial and emotional hardship.

A law firm experienced in litigating product liability cases can assess your case, help you to gather the information needed and file a lawsuit.

In a statement issued in April 2019 after recalling the Rock ‘n Play sleepers, Fisher-Price said it stands by the safety of its products. The company went on to say that the reported incidents resulted from consumers using the product improperly in a manner “contrary to the safety warnings and instructions.”