WSIL — A Delaware family in mourning has filed a class action lawsuit against Fisher-Price, claiming their baby girl died in the Rock ‘n Play sleeper.
The lawsuit comes two weeks after the company recalled the popular product. According to ABC affiliate in Philadelphia, WPVI, the Mundy family alleges Fisher-Price recalled the product far too late.
"What my clients are hoping to do is make some positive change for others out of this situation and to warn others about the dangers of this product and products like it," Jonathan Sorkowitz, the lawyer for the Mundy family told WPVI. "They absolutely used this in a reasonable way and in a way that should be expected by the manufacturer when they put this product on the market."
The lawsuit alleges "The Rock ‘n Play causes death or injury to infants because its defective design enables them to move into positions in which they cannot breathe."
"The manufacturer was aware of this product for a long period of time, ignored a series of warning signs was aware of other deaths and other injuries that had occurred, knew of restrictions and outright bans of this abroad and continued to sell it," said Sorkowitz.
The Mundy case also alleges Fisher-Price and its parent company, Mattel, lobbied the Consumer Product Safety Commission to allow the companies to avoid regulations that would have kept the product off the market.
Under the current recall program, cash refunds are being offered only to consumers who bought the sleeper after October 12, 2018.
Other consumers will get vouchers for another Fisher-Price product.
The Mundy lawsuit is seeking money back for all buyers and seeking more people to participate in the class action.
You can click here to read more about this lawsuit from WPVI.