Published 8:34 PM EDT Apr 23, 2019
Less than two weeks after Fisher-Price recalled its popular Rock ‘n Play sleepers, two class-action lawsuits have been filed against Fisher-Price and its parent company Mattel.
The April 12 recall of 4.7 million Rock ‘n Play sleepers came a week after the U.S. Consumer Product Safety Commission and Fisher-Price issued a safety warning that said 10 babies died. Days after the April 5 warning, a Consumer Reports investigation connected the product to more than 30 infant deaths since 2009.
The first suit, filed April 18 by Samantha Drover-Mundy and Zachary Mundy of Delaware, says the recall didn’t come soon enough to save their 12-week-old daughter, who they say died minutes after being placed in a Rock ‘n Play Sleeper in September.
“This recall was too late to save the lives of more than 30 infants and to prevent the injuries of numerous other infants caused by the Rock ‘n Play,” the lawsuit states. “The Rock ‘n Play causes death or injury to infants because its defective design enables them to move into positions in which they cannot breathe.”
The next day, Cassandra Mulvey, of Nassau County, New York, filed a suit, which says she received the item as a gift in 2016 to “use as a sleeper for overnight or prolonged sleep for her infant.”
The lawsuit claims the marketing of the Rock ‘n Play “was dangerously false and misleading.”
In both cases, families are seeking unspecified damages and are looking to create two classes of potential claimants: one for New York and the other nationwide.
The Drover-Mundy suit also seeks to create a class for infants who were injured by the sleepers and a second class for consumers who bought the sleepers.
Recall notice: Fisher-Price recalls 4.7 million Rock ‘n Play sleepers
How to get a refund: Fisher Price Rock ‘N Plays have been recalled over infant deaths. Now what?
The Fisher-Price recall affects all Rock ‘N Play models and consumers should “immediately stop using the product and contact Fisher-Price for a refund or voucher,” the recall notice states.
A second recall notice on Mattel’s website gives directions on two parts that should be sent from the sleeper to Fisher-Price for the refund process.
“If you have owned the Fisher-Price Rock ‘N Play Sleeper 6 months or less, you will receive a full cash refund for the suggested retail price,” the notice states. “If you include your receipt you will be reimbursed for the receipt amount including sales taxes paid.”
Consumers who have owned the product longer “will receive a voucher to redeem for a new Fisher-Price product commensurate with the amount of time you have owned the Fisher-Price Rock ‘N Play Sleeper.”
For more information, contact Fisher-Price online at www.service.mattel.com and click on “Recalls & Safety Alerts” or call 866-812-6518 9 a.m. to 6 p.m. EDT Monday through Friday.
Consumers can learn about reporting potentially dangerous products at www.consumersafety.org and www.saferproducts.gov.
Contributing: Meaghan M. McDermott, Rochester Democrat and Chronicle
Follow USA TODAY reporter Kelly Tyko on Twitter: @KellyTyko