A woman, whose child died while she was carrying him in a shoulder sling baby carrier has recently settled her wrongful death lawsuit against the manufacturer of the baby carrier, prior to the case going went to trial. The terrible tragic incident occurred in the winter of 2009 when the mother of the young baby was carrying her two newborn twin babies in two separate carriers around town. She noticed that one of the babies had dripped blood onto his bib, and when she immediately checked on him he would not wake up. After performing CPR and an ambulance coming and taking him to a local hospital, the young baby was pronounced dead. While it was initially unknown what caused the baby to die, over time it appeared that it was related to the infant carrier, after it was realized that the design could possibly lead to suffocation in babies under a certain age.
The mother’s lawsuit claimed that the baby carrier manufacturer had not properly tested their product prior to placing it on the market and that the manufacturer lied about compliance with the industry standards. The manufacturer apparently ignored numerous complaints by customers that suggested that the design of the product led babies to be positioned in a way that limited breathing. In fact, the mother’s case stated that it was not until a year after the death of her tiny baby that the manufacturer issued a recall for the faulty product and finally stated that the product could present a suffocation risk for infants under the age of four months. The mother’s case also stated that the manufacturer had been linked to three other infant deaths, in addition to this young baby.
According to the Pittsburgh Post-Gazette, the manufacturer responded claiming that the mother was using their product improperly, The company alleged in their response that the mother did not follow proper safety directions and was improperly using the carrier and that it was not designed to have two used at the same time by the same person. They also claim that she may have been carrying both babies in one carrier, which is not how the product was supposed to be or intended to be used. The manufacturer further argued that the results of the baby’s autopsy were inconclusive, meaning that the baby may have died as a result of something other than stopping breathing while being using their carrier product.
The mother and the manufacturer came to a settlement agreement, and the manufacturer is paying out eight million dollars to the mother to settle both her wrongful death claims and her survival claims. If you or a loved one was injured or died while using a product as it was intended to be used, please contact our attorneys as soon as possible to discuss what legal options are available for your family.