Injury Class Action Against "Sleep Positioner"
October 20, 2010
I had no idea that such a thing existed, but evidently, it really should not be on the market anyhow! I have little faith in the FDA and the government entities who are in charge of watching out for us, the consumer. So, when the FDA actually gets involved and issues a warning is something to contemplate and admire. Although it would have been better if the warning would have come after the first death… but still, after a dozen death it is still good to see some action.
To my friends and colleagues who believe that tort reform is something to be contemplated: this is an instance where the death of the children would go uncompensated if the damages were to be limited to a maximum of $250k. Because a child is not supporting a family, there is very little medical bills and certainly no future medical care and treatment needed… Without adequate non-economic damages, a personal injury or product liability case would not make economic sense to pursue; and so your dead child’s life, killed as the result of a dangerous product put into the stream of the market, would only worth a maximum of $250k. Does that make sense to you? It does not make sense to me.
On September 29, the Food & Drug Administration FDA and the Consumer Product Safety Commission CPSC warned that the positioners pose a potential risk of suffocation, and urged parents to stop using the products immediately. The agencies noted that there are currently 12 known death linked to the products.
The lawsuit, filed last week in Illinois state court, names as defendants eight companies that produce sleep positioners. It is being brought as a putative class action on behalf of all Illinois consumers who bought a sleep positioner from one of the companies within the applicable statute of limitations period. The suit estimates that there are thousands of consumers who fit this description.