Novaform Mattress Mold Lawsuit Lawyers

Urgent Recall for Novaform Mattresses Due to Mold Exposure Risk; Exclusively Sold at Costco

FXI Inc. has recently announced an urgent recall of its Novaform ComfortGrande 14-inch and Novaform DreamAway 8-inch mattresses. These products, which have been sold exclusively through Costco stores, are at the center of severe concerns, as there have been instances of mold development due to potential water exposure during manufacturing. This poses serious health risks, especially to individuals with compromised immune systems, those with damaged lungs, or individuals who have a mold allergy.

This recall comes after the revelation that the aforementioned mattresses could have been contaminated with water during their manufacturing process, creating an environment conducive to mold development. The Novaform ComfortGrande 14-inch mattress is distinctive with a blue base and the “Novaform” branding printed in white letters. In contrast, the Novaform DreamAway 8-inch mattress has a gray base with the “Novaform” designation in white. These products, manufactured at FXI’s facility in San Bernardino, California, between January 2, 2023, and April 28, 2023, are the ones involved in this recall.

The affected products are distinguished by their item numbers, which are printed both on the mattress box and on the law tag attached to the mattress. Prices range between $150 and $750, with the item numbers and prices varying based on the size and type of the mattress. The focus is on products manufactured within a specific timeframe and identified with particular item numbers, all of which are integral to the identification of these hazardous products.

The health implications linked to mold exposure are considerable, particularly for individuals with pre-existing health conditions. The company has received 541 reports of mold appearing on these mattresses, raising substantial consumer safety concerns. While no injuries have been reported, the presence of mold remains a grave health risk that necessitates immediate rectification to prevent any adverse health impacts on users.

Consumers in possession of these mattresses are urged to contact FXI Inc. immediately. FXI is offering a full refund or a free replacement mattress, which includes free delivery and the pick-up and disposal of the recalled mattress. Additionally, Costco is proactively reaching out to all known purchasers to inform them directly about the recall and the steps to follow. Consumers can contact FXI Inc. at 888-886-2057 or online at https://novaformcomfort.com/pages/recall for more information.

These mattresses have been exclusively sold at Costco stores, predominantly in the Northwest United States and the San Francisco Bay area, and online at www.costco.com between January and June 2023. FXI Inc., based in Radnor, Pennsylvania, is the manufacturer behind these mattresses, and the products have been manufactured in the United States.

This recall emphasizes the critical role of quality control in manufacturing processes, especially for products like mattresses, which have direct implications on consumer health. The rapid response from FXI and Costco to address this severe issue and the remedies provided underline the commitment to consumer safety and satisfaction. Consumers are strongly encouraged to respond immediately to this recall notice to mitigate any potential health risks associated with mold exposure.

Is Mold Exposure Compensable in a Product Liability Lawsuit?

In most cases, exposure to mold through defective or contaminated products can indeed form the basis of a product liability lawsuit and potentially lead to compensation. Product liability laws are designed to hold manufacturers, distributors, retailers, and other entities in the product supply chain responsible for the harm caused by defective or dangerous products.

The Basis for a Product Liability Lawsuit:

• Design Defects: If a product is inherently dangerous due to its design, and alternative designs could have reduced or eliminated the risk, the manufacturer can be held liable.
• Manufacturing Defects: These occur when a product is safely designed but becomes hazardous due to errors or contamination during the manufacturing process, like mold exposure in this case.
• Failure to Warn: If a product lacks adequate instructions or warnings about potential risks or proper usage, liability may arise.

Establishing Liability for Mold Exposure:

To successfully claim compensation for mold exposure, the plaintiff must typically establish that:

• The product was defective or unreasonably dangerous.
• The defect existed prior to the manufacturer releasing the product.
• The defect in the product directly caused the plaintiff’s injuries or harm.
• The plaintiff suffered actual damages, like medical expenses or loss of income, due to exposure to mold.

Mold Exposure Damages:

In cases where mold exposure from a defective product has caused injury or harm, the affected individuals may be entitled to various forms of damages including:

• Medical Expenses: Covering the costs of treating health conditions related to mold exposure.
• Lost Wages: Compensating for income lost due to time off work for medical treatment or recovery.
• Pain and Suffering: Compensating for physical pain and emotional distress experienced due to mold exposure.
• Punitive Damages: In some cases, if the conduct of the responsible party is found to be particularly egregious or reckless, additional damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

Legal Consultation:

Individuals who believe they have been exposed to mold through a defective product should consult with our qualified product liability attorneys to assess the merits of their case and to guide them through the complex legal processes involved in seeking compensation. The ability to recover damages will depend on the specific circumstances of each case, the applicable laws of the jurisdiction, and the ability to prove that the mold exposure resulted from the defective product and caused actual harm.

CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW

Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous products. For your free consultation, contact our national product liability law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).