Kids II Rocking Sleeper Lawsuit

Baby girl sits on a green rocking sleeper chair. 
A defective product attorney can help you pursue the financial compensation you are entitled to receive.
By Osborne & Francis
May 12, 2024

Osborne & Francis Handles Kids II Rocking Sleeper Lawsuit

"You never realize how deafening silence is...until all you want to hear is your sweet baby's cry" - Osborne & Francis Client

Our client lost her son Mark at only 3 months old. He was a healthy baby boy. However, at the time of his death, Mark was sleeping in a Kids II Rocking Sleeper which our client had received as a baby shower present. She was completely unaware that shortly thereafter, a recall was issued for Kids II Rocking sleepers due to "infant fatalities" which occurred from head/neck positioning and a risk of diminished ability to breathe.

On the evening of this tragedy, Mark was fed roughly one hour prior and then placed in the sleeper. He was appropriately restrained. His parents routinely checked on him. During one of these checks, they noticed he had stopped breathing. The horrified parents started CPR and frantically called 911. Once the EMTs and police arrived, they discovered the infant’s heart had stopped beating and rushed him to the hospital. He was pronounced dead prior to arrival.

Months later, while on social media, our client discovered a parents’ support group for those whose children had died while in inverted sleepers. This was the first time Mark’s mother realized problems existed with these sleepers. An autopsy revealed no specific cause of death other than Mark "stopped breathing." Many of Mark's things had been discarded, including the Kids II Sleeper.

Still, our client was directly contacted by a lawyer who was monitoring the support group and handling litigation against the inverted sleeper manufacturers. The lawyer connected with our client and convinced her to retain their firm.

Despite the Kids II sleeper being tossed, the police had taken photographs and video of the scene that evening due to the nature of the call. Multiple photographs of the Kids II sleeper existed which clearly identified the sleeper and its manufacturer. These photographs and videos were provided by our client to the lawyer.

A lawsuit was filed against the manufacturer of the Fisher-Price Rock N Play, though it involved the wrong product and the wrong defendant. Apparently, while meeting with an expert many months later and reviewing the photographs, the expert alerted the lawyer he had sued the wrong defendant. Shortly thereafter, the case was dismissed but our client was then given the horrific news her case couldn't be refiled against the correct defendant because the case was now outside the statute of limitations. It was over.

She retained Osborne & Francis to pursue a legal malpractice case against her prior lawyer and his firm. The case was settled confidentially.

Kids II Rocking Sleeper Lawsuits

This unfortunate situation further highlights the importance of product identification in any product liability case. In the beginning of cases, we often don't have the product in question. Many times it has been discarded or damaged beyond recognition. Secondary evidence such as receipts, photographs, videos, witness recollection/testimony, government records, medical records and other valuable information can be used to properly identify the product in question and the right manufacturer defendant.

If you or a family member have been injured by a defective product, you may have the right to pursue financial compensation. Contact the attorneys at Osborne & Francis online or by calling (561) 293-2600. We are proud to offer no-cost case evaluations.

A Defective Product Lawyer Can Help You Pursue Compensation

A defective product lawyer handles cases where individuals have been harmed or injured due to using a faulty or unsafe product. These attorneys play an important role in helping those who have been harmed pursue compensation for damage or injuries caused by defective products.

In a Rocking Sleeper lawsuit or any product liability case, various types of damages may be sought by the injured parties. Some common types of monetary awards sought in a Rocking Sleeper or similar product liability lawsuit:

  • Reimbursement for medical costs: If you or a family member have been injured by a defective product, you may be able to pursue a lawsuit for the costs of your medical treatment. Reimbursement for medical costs may cover both past expenses incurred before the lawsuit and estimated future medical expenses.
  • Pain and suffering compensation: Physical and emotional pain, suffering, and distress caused by the injuries are recoverable in a defective products lawsuit. This type of compensation is intended to make up for the intangible harms caused by the injuries.
  • Wrongful death financial compensation: If the defective Rocking Sleeper resulted in the death of a loved one, the family may seek damages for funeral expenses, loss of financial support, and loss of companionship.

Compensation sought can vary based on the individual circumstances of the case, the severity of the injuries, and the applicable laws in the jurisdiction. Consulting with a product liability attorney is crucial to understanding which types of damages may be applicable and pursuing a comprehensive claim for compensation.

Defective product liability lawsuits can become complex quickly. An attorney will be able to handle all aspects of your case and ensure that you receive the maximum amount of damages that you are entitled to receive. Our team is dedicated to pursuing justice for you and your family. Contact the defective product attorneys at Osborne and Francis online or by calling (561) 293-2600.

Rocking Sleeper Lawsuit

There have been several instances of lawsuits and recalls related to inclined infant sleepers. Inclined sleepers have been associated with safety concerns, including the risk of suffocation or positional asphyxia for infants. These products include rocking sleepers, the Kids II Rocking Sleeper being one in particular.

The U.S. Consumer Product Safety Commission (U.S. CPSC) has issued several recalls for the Kids II Rocking Sleeper, and similar inclined sleepers, after several reports of death. This latest recall affects almost 695,000 models. Models were sold at stores such as Walmart, Target, and Toys “R” Us and online from March 2012 through April 26, 2019.

If you or someone you know has a Kids II Rocking Sleeper or a similarly inclined sleeper, you should immediately stop using it. Models on the recall list issued by the U.S. CPSC include:

  • Bright Starts Playtime To Bedtime Rocking Sleeper Model Number 10081
  • Rock & Dream Sleeper Model Number 10126
  • Ingenuity Rock N’ Soother Sleeper Dayton Model 10292
  • Bright Starts Toucan Tango Rocking Sleeper Model 10729

There are many other inclined infant sleepers included on the U.S. CPSC list of recalled products. You can check the full contents of the recalled products list and help ensure the safety of your family and friends. If you are unsure of whether your model was affected by such issues, contact a lawyer for guidance.

Note that the details of specific lawsuits can change over time, and new cases may have emerged. To get the most current and accurate information regarding any rocking sleeper lawsuit, you should check recent news sources and legal databases. Before pursuing any type of legal action, you should always consult with a legal professional.

Contact Osborne & Francis

Hiring an attorney to handle your defective products lawsuit is a very important step in the legal process. You will want to make sure that your attorney is experienced and well-practiced in the type of law pertaining to your case.

The product liability attorneys at Osborne & Francis have handled numerous cases for those who have been harmed by defective products. We have won numerous victories and millions of dollars for our clients. We are dedicated to fighting for you and your family against those who have created and sold harmful products.

If you or someone you love has been harmed by a defective product, an attorney can help you pursue the financial compensation that you are entitled to. Contact Osborne & Francis online or by calling (561) 293-2600. We understand the importance and sensitive nature of your case and are standing by to help you begin the legal process.

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