By Joe Messa
The U.S. Consumer Product Safety Commission (CPSC) filed an administrative complaint against Baby Matters in an effort to impose a mandatory recall of its Nap Nanny portable baby recliners. The chairs are high-density-foam recliners made in a style similar to a car seat designed to help with babies who have difficulty sleeping as a result of digestion and breathing problems. Five infants have died while sleeping in the Nap Nanny.
In its complaint, the agency says the Nap Nanny poses “a substantial hazard” to potential consumers. The CPSC has also asked retailers not to sell the Nap Nanny until a judge makes a ruling on the complaint. The company had sold more than 160,000 Nap Nannys for $129.99 each since its inception.
The creator of the Nap Nanny, Leslie Gudel, contends that her product was misused by parents citing warning labels that say the seats should not be used in cribs. In four of the five deaths, the Nap Nanny was placed in a crib. However, the CPSC argues that companies have a responsibility to anticipate ways that consumers will use their products and make sure it is safe.
Baby Matters had planned to release a newer version of the Nap Nanny improving the chair’s design and warning labels, but has now gone out of business. The company had previously modified the design several times introducing a Gen2 model with improved warnings and instructions for use. The latest version, Nap Nanny Chill, launched in January 2011 with slightly higher sides and a snugger contour. Earlier this year, the CPSC became aware of three other deaths allegedly connected to use of the first or second generation of Nap Nanny. A fifth death occurred in July involving Nap Nanny Chill. That death prompted the CPSC’s move for a full recall and refunds to customers.
The Philadelphia personal injury attorneys at Messa & Associates are experienced at handling cases involving defective products that have caused injuries to children. Our extremely skilled team of personal injury attorneys and medical experts is dedicated to ensuring you receive proper compensation for your personal injuries. If your child has suffered an injury as a result of Baby Matters’ Nap Nanny, another defective product or any other type of personal injury, contact the personal injury attorneys of Messa & Associates for a free consultation. Call toll free at 1-877-MessaLaw, or submit a free online inquiry.
Joseph L. Messa, Jr. is the founding partner of Messa & Associates, P.C. He is an AV-rated attorney (highest rating available), listed in the Bar Register of Preeminent Lawyers. Read More