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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

Consumer Product Safety Commission and Nap Nanny Manufacturer Settle Litigation

Baby Matters LLC, the company that manufactures Nap Nanny and Nap Nanny Chill, has agreed to recall all models of the infant recliners and covers as part of the settlement of a case filed by the Consumer Product Safety Commission (CPSC)  in December 2012.

CPSC had received at least ninety-two incident reports involving Nap Nanny and Nap Nanny Chill products since 2009.  The commission reported it knew of four infants who died in Nap Nanny Generation Two recliners and a fifth child who died in Nap Nanny Chill.  According to CPSC, the ninety-two incidents reported involved infants hanging or falling over the side of the products, and included some infants who were restrained in the product’s harness when the incidents occurred.

When CPSC first initiated the lawsuit, Baby Matters claimed the use of their product as directed was safe, and believe that parents created the risk for their infants by not following instructions and warnings by either placing the Nap Nanny product on a table or crib, or by failing to correctly strap in their child.

Between the years 2009 and 2012, approximately 165,000 Nap Nanny and Nap Nanny Chill products were sold through children’s retail stores nationwide and online, as well.  Consumers who purchased a Nap Nanny from Amazon.com, Buy Buy Baby, Diaper.com, and Toys R Us/Babies R Us, should contact the retailer for instructions on how to obtain a refund.  Unfortunately for those retailers who purchased Nap Nanny from other retailers, Baby Matters LLC is no longer in business and is not accepting returns.

Although Baby Matters disputed CPSC’s allegations that the Nap Nanny and Chill products create a substantial product hazard by having a design defect and inadequate warnings, the company agreed to the recall to end CPSC’s lawsuit against the firm.

Original story found here.

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  • 10.0Shane L Harward

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