Boppy Infant Lounger Lawsuit

Following reports of suffocation linked to the Boppy Newborn Lounger, the Consumer Product Safety Commission (CPSC) issued a notice urging parents to immediately stop using this product. Eight infant deaths have been tied to the Boppy from December 2015 to June 2020. The victims were all under one year old.

In response to the CPSC’s warning, the Boppy Company recalled 3.3 million newborn loungers, including:

  • Original Newborn Loungers
  • Boppy Preferred Newborn Loungers
  • Pottery Barn Kids Boppy Newborn Loungers

These loungers, which were sold between January 2004 through September 2021, were available nationwide in physical stores and online retailers like Amazon, Target, Walmart, and Pottery Barn Kids.

A study commissioned by the CPSC released in October 2022 revealed two primary causes of infant deaths in loungers:

  1. Suffocation when babies rolled over or turned their face against the soft surface, and
  1. Positional asphyxia, where babies slouched forward or arched backward, inhibiting their breathing.

Additionally, some infants rolled off the loungers and subsequently suffocated.

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Ongoing Litigation

After the recall, several lawsuits were filed by parents who allege these loungers created unsafe sleep environments, contributing to fatal injuries from oxygen deprivation. While the CPSC closely monitors infant sleep products, loungers have largely escaped regulation since they are usually marketed as products for awake babies. However, newborns can easily fall asleep at any time, and not all parents can ensure their babies are transitioned to a crib or bassinet when they do so.

Manufacturers have a duty to conduct a comprehensive hazard analysis and design their products in a manner that prioritizes safety. The Boppy lounger, however, is incompatible with the American Academy of Pediatrics’ safe sleep guidelines, which advises that babies sleep alone, on their backs, on a firm, flat mattress in a crib or bassinet, free of loose blankets, pillows, crib bumpers, or other soft items.

All parents and caregivers should cease the use of these loungers immediately.

If you or someone you know has been affected by a Boppy infant lounger product, please contact Garces, Grabler & LeBrocq today for a completely free and confidential consultation to discuss your legal rights.

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