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An Alabama couple has filed a class action lawsuit against Fisher-Price Inc. and Target Corp. alleging their son was hospitalized for respiratory problems after being exposed to mold that developed on a Fisher-Price “Newborn Rock ‘N Play” infant sleeper sold at Target.
The Newborn Rock ‘N Play class action lawsuit was filed just days after Fisher-Price and the Consumer Product Safety Commission announced a recall of the baby sleepers following 600 consumer complaints about mold developing between its removable seat cushion and plastic frame.
The plaintiffs, Jason and Rachael Harris, received the infant recliner seat as a gift for their son last July. Their son used the sleeper every day since his birth on July 27, 2012 before becoming severely ill, according to the class action lawsuit.
“Subsequently [their son] was hospitalized at [a] children’s hospital for two or three days when he was about 3 months old for Respiratory Syncytial Virus (RSV) related to Bronchiolitis,” the class action lawsuit states.
The Harrises say their son has since suffered a litany of medical problems, including ear and eye infections, random vomiting and oxygen treatments.
At least 800,000 Newborn Rock N’ Play sleepers have been sold in stores and online since 2009, and only sleepers that have shown signs of mold after being used by consumers were included in the recall, according to the CSPC.
The agency issued the Fisher-Price Rock ‘N Play recall on January 8, saying it received numerous complaints that mold develops between the seat cushion and frame if the cushion remains wet or isn’t cleaned frequently.
Sixteen of the complaints included consumer allegations that their infants experienced respiratory illnesses, coughs and hives after sleeping in the Fisher-Price Newborn Rock ‘N Play sleeper once it had grown mold.
The Rock ‘N Play Sleeper recall class action lawsuit is brought on behalf of all persons who, since September 2009, bought or used for their infants a Newborn Rock ‘N Play Sleeper and claim injury and/or damages as a result of mold that developed on the device.
It is seeking economic and compensatory damages, punitive damages and more.
The Fisher-Price Newborn Rock ‘N Play Mold Recall Class Action Lawsuit case is Jason Harris et al. v. Fisher-Price Inc. et al., Case No. 13-cv-00076, U.S. District Court for the Northern District of Alabama.
UPDATE: A federal judge denied certification to the Fisher-Price Rock ‘N Play class action lawsuit on Feb. 20, 2014, ruling that not enough Class Members were affected by the moldy defect.
UPDATE 2: On Apr. 5, 2016, an Alabama federal judge denied class certification for two nationwide classes of consumers in a lawsuit against Fisher-Price over its alleged moldy baby sleeper, stating that the classes were not adequately defined and that some of the claims were not certifiable.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
2 thoughts onFisher-Price Newborn Rock ‘N Sleeper Mold Class Action Lawsuit
UPDATE 2: On Apr. 5, 2016, an Alabama federal judge denied class certification for two nationwide classes of consumers in a lawsuit against Fisher-Price over its alleged moldy baby sleeper, stating that the classes were not adequately defined and that some of the claims were not certifiable.
My son was hospitalized on Dec. 25, 2012 to Jan. 2013 for bactrial meningitis and ventriculitis. I was wondering if the black mold from the rock and play can cause this? He had 3 seizers and 2 to 3 MRI and a EKG. with alot more treatments while in the hospital. Can anyone answer this for me? He was fine wntil he was in his rock and play.