The United States Consumer Product Safety Commission (CPSC) has filed a lawsuit against Baby Matters LLC in an attempt to force the company to recall its Nap Nanny and Nap Nanny Chill products. The Nap Nanny was recalled in 2010 after one baby death was reported, but it was put back on the market (with CPCS’s blessing) with a few minor changes, including the warning label being moved from the bottom of the product to the front.

Not surprisingly, after these changes, more babies allegedly died while using this product, according to the CPSC. The agency has also received a report of a baby death associated with use of the Nap Nanny Chill, a product put on the market after the 2010 recall.

Although the CPSC alleges it has evidence supporting its claims that these deaths were caused by defects in the design of the Nap Nanny products, Baby Matters refuses to voluntarily recall the Nap Nanny and Nap Nanny Chill products.

“Most consumers do not know that the CPSC does not have the authority to recall products,” said Fred Pritzker, lead lawyer for out law firm’s product liability lawsuits. “Even if a product is putting babies’ lives at risk, the only recourse is a lawsuit to force a recall, a process that could takes months, and could take years.”

“Consumers need to know that they have the legal right to sue a manufacturer, even if there is not a recall of the product,” continued Fred, who recently won over $40,000,000.00 for clients injured by another product.

With the Nap Nanny products, some retailers have recalled the product even though the manufacturer has not. Amazon, Buy Buy Baby, Diapers.com and Toys R Us/Babies R Us recalled Nap Nanny Generations One and Two, and the Chill™ model infant recliners in December of 2012, the same month that CPSC filed the lawsuit against Baby Matters.

The Baby Matters/Nap Nanny lawsuit continues to move forward, although at a slow pace. This month, CPSC filed its first set of interrogatories to Baby Matters LLC. Interrogatories are requests for information relevant to the lawsuits.  This set of interrogatories requests in part:

  • The names of people the company believes possesses any knowledge relating to any injury or possibility of injury as a result of the use of a Nap Nanny or Nap Nanny Chill product;
  • The names of the people the company expects to call as a witness for a trial or hearing in this matter;
  • The names of the people who participated in the design, development and manufacturing or modification of the products;
  • The names of people who participated in any determination of the appropriate or recommended age and weight of any user of the products;
  • The names of the people involved in the creation, design and manufacture of the packaging, labels, warings and instructions for use of the products;
  • A description of all identifying marks that reveal when or where the product was manufactured, imported, distributed, or sold;
  • A description of every basis for the company’s warning that the Nap Nanny and Nap Nanny Chill should not be used in a crib, play yard or on a table;
  • Information about warning labels used by the company;
  • The identity of any studies or any other material of any kind that evaluate the risks and safety of the design of the products;
  • Information on the marketing of the products, including people involved in the marketing and all marketing materials;
  • The identity of all distributors, retailers and resellers.

Attorney Fred Pritzker and his product liability team represent clients throughout the United States in personal injury and wrongful death lawsuits against manufacturers, distributors, retailers and others.  In addition to his many other cases, Fred recently won a settlement against another manufacturer, this one a manufacturer of a baby sling that had allegedly caused the death of a baby due to suffocation.  You can contact Fred or another child safety lawyer at our law firm to request a free consultation here.