On September 23, 2021, Boppy recalled over three million newborn lounger pillows following reports of eight infant deaths connected with the pillows.
The products which were recalled were:
- Boppy Original Newborn Loungers
- Boppy Preferred Newborn Loungers
- Pottery Barn Kids Boppy Newborn Loungers
These products were recalled because infants can suffocate if they:
- Roll off the lounger onto a surface that obstructs breathing, such as soft bedding or an adult pillow
- Are placed on the pillow in a position which obstructs breathing
The products were sold in physical stores nationwide and online, including Target, Walmart and Pottery Barn Kids, as well as online at amazon.com.
On June 6, 2023, the CPSC issued a renewed warning for parents to stop using the recalled loungers.
This wasn’t the first time dangerous products made by Bobby were recalled, either. Boppy Infant Head and Neck Support Accessories were recalled in 2019 because of a suffocation risk.
To learn more about your legal options about the Boppy lounger pillow lawsuit call our product liability attorneys today for a free consultation. If your child suffocated or died while using a Boppy Lounger from January 2004 to September 2021 our firm is here to help. You may be eligible for financial compensation in a wrongful death lawsuit. The only fee we charge is a percentage of any recovery obtained, and we do not charge this fee until and unless we obtain a recovery.
Why Are Boppy Loungers Unsafe?
The Consumer Product Safety Commission (CPSC) recommends that babies sleep on their backs on firm, flat surfaces, and that blankets, padded crib bumpers, pillows or other items should never be added to a baby’s sleeping environment.
The Boppy lounger pillows are not firm, flat surfaces, and thus present a suffocation hazard when babies sleeping on them roll over onto their side or stomach. All eight infants whose deaths were connected with the Boppy loungers were found on their side or stomach.
Do I Have A Valid Boppy Lounger Lawsuit?
You have a valid Boppy lounger lawsuit if your child suffocated or died while using a Boppy Lounger from January 2004 to September 2021.
The Boppy lounger products pose a suffocation risk to infants because they are defective by design. California law holds companies financially liable for any injuries or deaths caused by products which are defective by design.
A product is defective by design when it is not as safe as an ordinary consumer would expect it to be, even when it is manufactured properly and even when it is used properly or in a reasonably foreseeable manner.
A Boppy company spokesman, regarding the recall, stated, “The lounger was not marketed as an infant sleep product and includes warnings against unsupervised use.”
However, infants spend much of the day sleeping, and can fall asleep very quickly at any moment. Suffocation can occur very quickly, as well. It is thus reasonable to expect that some infants placed on a product such as a Boppy Company Newborn Lounger will fall asleep on it, and since infants can fall asleep so quickly and suffocation can occur so quickly, it is reasonable to expect that even a supervised infant could feasibly fall asleep and suffocate on a Boppy lounger before the supervising adult even notices. The Boppy loungers could have and should have been designed in a safer manner which did not pose this risk, and CPSC Commissioner Robert S. Adler appears to agree.
“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,” Adler stated.
Most injury and death lawsuits in California must prove that a defendant was negligent to be successful. Negligence is failing to use reasonable care to prevent harm.
However, companies who manufacture, distribute or sell products which are defective by design are strictly liable for any injuries or deaths caused by their products. Negligence need not be proven in cases of strict liability.
California law allows parents to recover financial damages for the wrongful death of their child when their child is killed by a product and a company responsible for the product is strictly liable for the death, as well as when a child is killed due to a negligent, reckless or intentional act.
While companies can be held strictly liable for deaths caused by defective products, and strict liability cases don’t require negligence to be proven, Boppy was nonetheless negligent for continuing to sell the Boppy loungers until September 2021. Boppy knew their lounger pillows were dangerous when an infant death connected with them first occurred in 2015, yet negligently continued to sell the products despite knowing they presented a suffocation risk to infants. California Legislation holds negligent parties financially liable for injuries and deaths caused by their negligence.
How To File A Boppy Lounger Lawsuit
Nothing can change the past, unfortunately. However, you possess the right to pursue a lawsuit. You may be eligible to file a wrongful death lawsuit if your child was killed by a Boppy lounger.
Filing a lawsuit over a defective Boppy lounger may be incredibly stressful, but the process doesn’t need to be stressful. Our attorneys can make filing a wrongful death lawsuit as stress-free and easy as it can be.
Our lawyers will:
- Provide a free consultation and tell you if you qualify for a Boppy lawsuit
- Build a strong case and meet with you when it’s most convenient for you
- File a Boppy lounger lawsuit on your behalf
- Negotiate a settlement for you
- Go to court against Boppy if your case doesn’t settle out of court
Nadrich & Cohen has been handling product liability cases since 1990. We can help you navigate through the legal process and obtain the financial compensation and justice you deserve. Contact us online or call us today for a free consultation.
What Can I Recover In A Wrongful Death Lawsuit?
If you have lost a child due to a defective Boppy lounger, you may be entitled to recover damages through a wrongful death lawsuit for:
- Pain and suffering
- Medical/hospital bills
- Burial and funeral costs
- The value of financial support your child would have contributed to your family during their life expectancy
- The loss of benefits or gifts you could have expected to receive from your child
- The reasonable value of household services your child could have provided
- The loss of your child’s companionship, love care, comfort, protection, assistance, moral support, society and affection
What Should I Do If I Own A Boppy Lounger?
Stop using the lounger immediately.
Boppy is offering refunds to anyone who owns one of the three recalled Boppy loungers. Those who own one of the loungers should do the following to obtain a refund:
- Fill out the form at Boppy’s lounger recall website
- Provide the Date Code and UPC/Item Number of your lounger
- If you have it, upload a copy of your receipt for the lounger
- Cut the Boppy Lounger in half to make it unusable, then send a picture of the destroyed lounger to Boppy by mail, email or text
For more information on obtaining a refund for your Boppy lounger, visit https://www.boppy.com/pages/loungerrecall.
What Boppy Loungers Were Recalled?
The Boppy Original Newborn Lounger, the Boppy Preferred Newborn Lounger, and the Pottery Barn Kids Boppy Newborn Lounger were recalled.
Parents and caregivers have been urged by the CPSC to stop using these products immediately to prevent infant injury or death.
Is It Safe For Infants To Sleep On Boppy Pillows?
It is not safe for infants to sleep on Boppy Lounger pillows. These products are not intended for infants to sleep on. Suffocation and death can occur when infants sleep on these products.
How Many Boppy Loungers Were Recalled?
Around 3.3 million Boppy lounger pillows were recalled on September 23, 2021. The recalled products were sold at numerous stores, including amazon.com, Pottery Barn Kids, Target and Walmart.
Why Were Boppy Lounger Pillows Recalled?
These products were recalled after eight infant deaths connected to the products were reported. The infant deaths occurred from December 2015 to June 2020.
These products present a suffocation risk to infants, as they are not flat, firm surfaces. The CPSC recommends that infants always sleep on flat, firm surfaces.
Do I Need A Boppy Lounger Lawyer?
If your child suffocated or died while using a Boppy lounger, you need strong, experienced product liability lawyers like Nadrich & Cohen if you want to obtain the financial compensation you deserve and are entitled to under the law.
Product liability cases are some of the most difficult personal injury cases to win. These cases typically involve fact-specific, technical issues.
If you want to sue a infant lounger manufacturer for a design defect, you need to provide expert testimony from experts who fully understand how manufacturers design and build infant loungers. Experienced product liability lawyers like Nadrich & Cohen who have been handling product liability cases for decades will have built up a large network of the best experts in the country in that time, and having the right experts testify in court is key to winning a product liability lawsuit.
Product manufacturers also have no interest in settling every product liability claim they face. Instead, product manufacturers typically accept defective product litigation as part of doing business, and will hire lawyers who will aggressively defend against lawsuits filed by consumers.
Manufacturers will often try to blame consumers for injuries or deaths caused by dangerous products. Their attorneys will often argue that consumers didn’t follow the directions that came with a product, or that a consumer was negligent. Attorneys will also often argue, in defective design cases, that reasonably safer alternatives to the product did not exist.
You need strong, experienced product liability lawyers to take on these arguments in court and prove that these arguments are invalid. Hiring an experienced product liability lawyer will significantly increase the chances that you obtain the financial compensation you deserve.
How Much Do Boppy Lounger Lawyers Cost?
Most product liability lawyers, such as Nadrich & Cohen, are contingency fee lawyers. This means that we do not charge a fee for our services until and unless we obtain financial compensation for you.
The only fee we charge is a percentage of any financial compensation we obtain for you. We do not charge any upfront fees and you will never owe us a single penny out of your own pocket. This means that anyone can afford our representation.
Boppy Lounger Pillow Attorneys
Manufacturers of defective products like the Boppy Lounger pillows aren’t going to offer you a fair settlement if you come to them blaming for your baby’s death and don’t have a lawyer representing you. They will dare you to take them to court over it, knowing that you can’t beat their expensive corporate lawyers in court if you don’t have a lawyer of your own.
You need tenacious, battle-tested product liability lawyers like Nadrich & Cohen on your side if you want to obtain justice for the tragic loss of your child.
Product liability laws are in place to protect consumers like you from dangerous, defective products. Manufacturers who don’t adhere to safety guidelines before selling their products are liable for any damages caused by their products, and by hiring experienced product liability lawyers like Nadrich & Cohen, you can advocate for your rights and hold negligent manufacturers accountable for their wrongful actions.
Unfortunately, financial compensation in a lawsuit can’t change the past. However, it can help you avoid financial strain and recover from your tragic loss. Boppy may argue they’re not to blame for the loss of your child, but our lawyers can use our experience and resources to recover what you’re entitled to under California law.
You have a limited amount of time to file a lawsuit against Boppy in California. This time limit is known as a statute of limitations. Failure to file a lawsuit within this time frame could forever bar you for being compensated for the death of your child. It is vital that you act today to make sure that any lawsuit is filed in time.
Call us today for a free consultation or contact us online if your child suffocated or died while using a Boppy lounger pillow. You may be entitled to a financial recovery.