Final settlement approved in Fisher-Price Rock ‘n Play federal class-action lawsuit

A federal judge has issued a final order approving a settlement in a class-action lawsuit against Mattel and Fisher-Price for allegedly selling a dangerous product used by children.

A final approval hearing on the $19 million settlement was held Friday, when a 16-page order was filed by U.S. District Court Judge Geoffrey W. Crawford, ending almost five years of litigation.

Fisher-Price Inc. and its parent company, Mattel Inc., were sued over the Rock ‘n Play inclined infant sleeper, which was tied to at least 100 infant deaths and more than 700 injuries.

The original complaint was filed in June 2019.

Plaintiffs’ attorneys who successfully negotiated the settlement will be paid $5.3 million in fees and $825,000 in expenses. Each of the 21 class representatives will receive $3,500.

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.

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. Fisher-Price reannounced 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 United States Consumer Product Safety Commission’s website.

After the initial recall, another 70 fatalities were reported.

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 court papers.

“This marketing was dangerously false and misleading, as the product is not safe for sleep, including prolonged or overnight sleep,” according to the complaint.

“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.

A new federal complaint seeking class-action status, filed against the companies in October accuses the companies of selling the Snuga Swing, which “created an unsafe suffocation risk for infants … and defendants never warned families about this risk.”

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