Fisher-Price Rock ‘n Play infant sleeper lawsuit settled

A tentative settlement has been reached in a 4 ½-year-old federal class-action lawsuit against Fisher-Price Inc. and its parent company, Mattel Inc., for allegedly knowingly selling an inclined infant sleeper called the Rock ‘n Play, which has been tied to at least 100 infant deaths and more than 700 injuries.

“The parties hereby provide notice to the Court that they have reached a settlement in principle that will resolve in full this multi-district litigation,” lawyers for both sides wrote in a notice filed in the U.S. District Court for the Western District of New York.

At least 16 separate lawsuits against the company based in East Aurora, Erie County, were consolidated into a multi-district litigation in the Western District. Some plaintiff’s attorneys argued against combining the cases, but the U.S. Judicial Panel on Multidistrict Litigation issued a transfer order centralizing the cases in the Western District.

“The parties will be memorializing the settlement in a full settlement agreement, and plaintiffs will be preparing a motion for preliminary approval of the settlement that will include a notice plan,” they wrote in the notice.

“The parties anticipate that the settlement agreement will be completed, and plaintiffs anticipate that they will be able to file the settlement agreement, and a motion for preliminary approval of the settlement, by April 12,” they wrote.

Last week, U.S. District Court Judge Geoffrey Crawford cancelled a hearing that had been scheduled for Feb. 23 on a motion to certify the class-action status for the case.

The lawsuit does not specify the exact amount of damages sought, but the plaintiffs’ attorneys wrote that “the amount in controversy exceeds $5 million, exclusive of interest and costs.”

About 4.7 million Rock ‘n Play Sleepers were sold over a 10-year period, until the company was forced to recall the product in April 2019. According to the United States Consumer Product Safety Commission Fisher-Price re-announced the recall on Jan. 9, 2023.

When the original recall was announced more than 30 fatalities had been reported “after the infants rolled from their back to their stomach or side while unrestrained, or under other circumstances,” according to the Commission’s website. After the initial recall, another 70 fatalities were reported.

Several other inclined sleepers sold by other companies have also been recalled.

“Inclined sleepers, including the Rock ‘n Play Sleeper, are unsuitable for infant sleep and, in fact, are dangerous,” according to an amended complaint filed in October 2019. The original complaint was filed in June 2019.

Writing on the boxes in which the Rock ‘n Play Sleepers were sold, and other materials used to promote them, states: “Baby can sleep at a comfortable incline all night long!” according to the complaint.

“This marketing was dangerously false and misleading, as the product is not safe for sleep, including prolonged or overnight sleep,” the plaintiffs’ attorneys wrote.

“By positioning an infant at a 30-degree incline, the Rock ‘n Play Sleeper significantly increases the risk that the infant’s head will slip into a dangerous position, tilt to constrict the windpipe, and/or cause the infant’s face to become pressed against the padded fabric in the sleeper and block airflow,” according to the complaint.

“The design of the sleepers can lull infants into a deeper sleep than normal sleep, making them less able to wake up if their airflow becomes obstructed,” the plaintiffs claimed.

“In addition, because defendants advise parents to keep babies strapped in restraints overnight while sleeping on an incline, the Rock ‘n Play Sleeper increases the infant’s risk of developing flat head (plagiocephaly) and twisted neck (torticollis) syndromes, conditions that often require babies to wear expensive head-molding helmets and undergo costly physical therapy,” according to the complaint.

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