Nursing Pillow Wrongful Death Lawsuit Lawyers

Safety Commission Highlights Concerns Over Infant Deaths Tied to Nursing Pillows

For years, nursing pillows have been a staple for breastfeeding mothers, providing a comfortable spot for them and their infants. These u-shaped pillows elevate the baby, facilitating latching and easing the strain on the mother’s arms.

However, the Consumer Product Safety Commission (CPSC) has raised alarms about multiple infant deaths associated with these pillows, particularly when they are used for or during sleep.

Welcoming a new child into the family brings with it joys and worries. One significant concern for parents is ensuring their baby sleeps safely throughout the night.

According to the CDC, Sudden Infant Death Syndrome (SIDS) claims the lives of about 3,400 infants annually.

Data from the Juvenile Products Manufacturers Association suggests that roughly 1.34 million new nursing pillows are purchased yearly.

Disturbing findings from the Maternal and Child Health Journal indicate that between 2004 and 2015, 171 infant deaths were linked to the presence of u-shaped pillows in their sleep spaces. A significant 82% of these infants were found either on or near these pillows.

Safety experts with the CPSC sternly warn against the use of pillows with infants. Laying them on their backs, sans any pillow, in their crib or bassinet is the safest. Historically, for colicky or reflux-prone infants, some pediatricians advised using pillows or wedges for elevation to aid digestion. Such advice is fraught with risks.

However, the Breastfeeding Infant Development Support Alliance, representing numerous u-shaped nursing pillow producers, has voiced concerns on their platform. They believe the CPSC’s intervention could deter mothers from breastfeeding, thereby negating efforts by organizations like the World Health Organization (WHO) and the American Academy of Pediatrics (AAP) that promote breastfeeding.

During a recent conference, the head of the agency clarified that the upcoming guidelines would not result in a complete ban but would focus on ensuring these pillows don’t become a potential suffocation risk, while also catering to the needs of breastfeeding parents.

Steps to Pursue a Product Liability Lawsuit

Filing a lawsuit for issues related to product safety, such as the concerns raised with nursing pillows, requires several steps. If you believe you or your child have been harmed by a product, here’s a general guide to filing a lawsuit:

1. Consult Our Attorneys: Call us today to consult with one of our attorneys who specializes in product liability or personal injury cases. They can properly evaluate the merits of your case and guide you through the legal process.
2. Document Everything:

• • Gather evidence of the harm caused, such as medical records, photos of injuries, and any related costs.
  • Document your purchase of the product: receipts, where and when you bought it, etc.
  • If the product came with any instructions, warnings, or other related materials, keep them as evidence.

3. Determine the Type of Liability:

• • Defect in manufacturing: This is when the product was manufactured differently than intended, making it unsafe.
  • Design defect: This is when the entire line of products is inherently dangerous, even if made correctly.
  • Failure to warn: This is when the manufacturer does not provide adequate warnings about the risks of using the product.

4. Identify the Defendants: Depending on the situation, the defendant in a product liability case could be the manufacturer, distributor, supplier, or retailer of the product.
5. File the Complaint: Your attorney will draft a legal document known as a complaint, which will be filed in a court. This document will outline the nature of your claim, describe the injuries, and state the legal remedies you’re seeking.
6. Discovery: Both sides gather evidence during this phase. This might include depositions, requests for documents, and written questions known as interrogatories.
7. Consider a Settlement: Many cases are settled before they go to trial. Your attorney will negotiate with the defendant’s legal team to reach a financial settlement.
8. Go to Trial: If a settlement isn’t reached, your case will proceed to trial. Here, both sides will present their evidence, and a judge or jury will make a decision.
9. Appeal: If you’re not satisfied with the outcome, you might be able to file an appeal. However, this can be a long and complex process.
10. Collecting Judgement: If you win the case, you’ll then move onto the process of collecting the money awarded to you.

It’s important to note that product liability laws can vary from state to state, and there are statutes of limitations that can prevent you from filing a lawsuit if too much time has passed. Therefore, it’s crucial to consult with one of our attorneys as soon as possible if you believe you have a case.

CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW

Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous products like this defective product. 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).