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Articles Posted in Child Safety

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baby-21998_6401-e1715227048293Public concern is growing that weighted infant sleepwear, including sleep sacks and swaddles, may be dangerous for babies, after warnings from medical experts, safe-sleep advocates and federal regulators. In response, Amazon, Target and Walmart pulled this sleepwear from their sites and shelves. A senator has called for investigation into Dreamland Baby and Nested Bean, two of the popular weighted infant sleepwear companies based on allegations that they’ve used deceptive marketing in connection with product safety. It’s terrifying to discover your baby has been injured by a product you believed was safe. If your baby was injured by weighted infant sleepwear, call trustworthy Chicago-based product liability lawyers Moll Law Group.

Consult Moll Law Group About Weighted Infant Sleepwear Claims

Experts and regulators concerned about the weighted sleepwear believe that it could prevent babies from breathing and pumping blood, and that the sleepwear could harm a baby as he or she is developing. Additionally, they think that the sleepwear is heavy enough that it could stop an infant from waking themselves up in case they aren’t able to breathe. This group thinks the product needs rigorous safety testing prior to being made available on the market.

However, the manufacturers’ CEOs have stated that their products are safe and that there’s no evidence to the contrary; investigators are concerned that there’s no evidence of safety either. The marketing for these products has focused on their comforting and soothing effects on newborns. Nested Bean has sold more than 2.5 million units of sleepwear products. The Dreamland Baby product has been out for more than 10 years, and more than 1 million weighted units have been sold.

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baby-218149_640-e1712684043871Thousands of parents have sued both Mead Johnson and Abbott for defects in their formula. In a recent landmark jury verdict, Mead Johnson, the baby formula manufacturer who makes Enfamil, including Enfamil Premature Nutrition Products, was recently found liable for placing premature infants at greater risk for deadly diseases. Along with Abbott, it had denied that the Enfamil products caused NEC or the risk of it in premature infants and denied that there is a link between NEC and cow’s milk formula.  The jury in this case awarded the plaintiff mother $60 million—$35 million more than what was requested. If your baby was harmed by Mead Johnson formula, call the seasoned Chicago-based product liability lawyers of Moll Law Group.

Consult Moll Law Group About Your Baby Formula Lawsuit

The litigation was pursued partly to alter the way preemies in the NICU are fed. The formula believed to cause NEC that was the subject of the trial was made using cow’s milk. In court filings responding to the lawsuits, Mead Johnson has written: “Mead Johnson denies that Enfamil products cause NEC or increase risks of NEC in infants.” The jury found that the manufacturer had not done enough to provide warnings to parents of increased odds of these infants suffering a deadly disease because they were given Mead Johnson’s formula Necrotizing Enterocolitis or NEC.

The case against Mead Johnson was brought by a mother who’d lost one of her twin preemies; it was made part of a multidistrict litigation. Over 330 lawsuits were filed around the country regarding the formula at issue. The trial started on February 20 and lasted four weeks. At closing arguments, the mother’s attorney called upon jurors to make the right decision after hearing from a dozen expert neonatologists, all of whom agreed that while the research about the formula was inclusive, using the formula increased the risk of NEC. It was also argued on closing that the company doesn’t warn pediatricians and parents about how serious the dangers are on its packaging or its marketing to doctors.

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baby-2423896_1280-e1712682886694Recently, lawsuits regarding baby food contaminated with toxic heavy metals were centralized in a single multidistrict litigation (MDL). The lawsuits were brought against several manufacturers and sellers of baby food products alleged to contain high levels of neurotoxins, including mercury, arsenic, and lead. These include Gerber Products Company, Walmart, Inc., Sprout Foods Inc., Plum Organics, Hain Celestial, Inc., and Beech-Nut Nutrition Company. Toxic heavy metal contamination can result in serious harm to the brain during a baby’s development. If your baby was injured by toxic baby food, you should call the seasoned product liability lawyers of Moll Law Group.

Consult Moll Law Group About Toxic Baby Food Claims

Exposure and consumption of contaminating metals can result in babies winding up with neurodevelopmental conditions like ADHD and autism spectrum disorder. The 11 lawsuits, filed in 7 different federal district courts, that were centralized involve the same toxins, the same harm, and the same defendants. The products overlap in flavors and categories; specifically they can be organized as jars or tubs pouches; puffs; snacks; cereals and yogurt-based foods. Accordingly, the United States Judicial Panel brought the cases together in a centralized proceeding. The Judicial Panel acknowledged that not all the baby foods were contaminated, and that certain ingredients increased contamination like rice and root vegetables.

However, the panel reasoned, all the actions had common questions of facts and law, and there were certain patterns in the plaintiffs’ claims based on the defendants’ coordinated behavior. For instance, from 2019 to 2021, most of the defendants were part of a consortium that was organized to handle the toxic contamination. Additionally, defendant manufacturers have co-manufacturing agreements between themselves and use common suppliers and laboratories.

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baby-4018907_1280-e1703985841194Three of the United States’s largest retailers, Amazon, Target, and Walmart, have announced they will no longer sell water beads, which are often marketed for children with development disorders. The beads are made of polymers, and in water, they can expand about 150-1500 times their original size. Public pressure has grown to remove water beads from stores after numerous reports of injuries and deaths of children who have either swallowed the beads of put them in their ears and noses. If your child was injured or died as a result of these water beads, you should call the experienced Chicago-based product liability attorneys of Moll Law Group to determine whether you have recourse against the manufacturer.

Call Moll Law Group About Your Child’s Water Bead Injuries

Water beads seem to be harmless, but they can grow to the size of a tennis ball when exposed to water. Amazon told “Good Morning America” that its policy for third party sellers of water beads has been updated. They will monitor store listings for these toys; Amazon won’t permit the sale of water beads marketed to children to use for sensory play, art supplies, or toys. Similarly, Target told “Good Morning America” it has stopped sale of water beads marketed to children ages 12 and under, both in its stores and online. Walmart likewise announced it would remove the beads in its physical storefronts and its online store.

The Consumer Product Safety Commission (CPSC) has warned about water bead injuries in babies and children for years, as have some parents. Babies have died after ingestion of water beads. Around 52,000 of Buffalo Games’s Chuckle & Roar Ultimate Water Beads Activity Kits were recalled in September 2023. The company claimed that it had the product tested to Children’s Product Safety standards by a lab approved by the CPSC, and that the product passed those tests, including the ASTM standard for materials that expand, for ages four and up. It also emphasized its package warning about the beads expanding. Buffalo Games asked consumers to contact them to return the Ultimate Water Beads for a full refund. The CPSC has asked parents to report water bead injuries to the agency at SaferProducts.gov.

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apple-sauce-544676_1280-e1703985234173As we’ve previously related on this blog, the United States Food and Drug Administration has recalled three applesauce products. These products include WanaBana apple cinnamon fruit puree pouches, Schunks cinnamon applesauce pouches, and Weis cinnamon applesauce pouches. The recall stems from the FDA’s investigation of dozens of acute lead poisonings in children that are associated with these brands of cinnamon applesauce pouches and the FDA continues to investigate. If your child suffered lead poisoning and you suspect it due to his or her consumption of these apple sauces, you should call the seasoned Chicago-based lawyers of Moll Law Group. Billions have been recovered in cases around the nation with which we’ve been involved.

Call Moll Law Group About Contaminated Cinnamon Applesauce Pouches

Over 60 children under the age of 6 have tested positive for lead poisoning after consuming the applesauce in the United States. Some of these children have been found to have over 500 times the acceptable threshold for lead. Standard blood screenings, which are recommended by the CDC to reduce lead exposure under age 6, helped identify those children who had elevated lead levels.

The FDA Deputy Commissioner for Human Foods, Jim Jones, believes it’s possible that the contaminated cinnamon applesauce pouches were intentionally tainted with lead. He’s explained that the evidence points to an intentional act by someone who is part of the supply chain for the pouches, which were sold under three different brands made in a manufacturing facility in Ecuador. The FDA is inspecting that facility. He has suggested that perhaps the perpetrator didn’t understand the pouches would end up in a country with strong, enforced regulations.

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Recently, the Consumer Product Safety Commission posted notice of several recalls involving children’s pajamas. While the recalls involved various manufacturers, the products were widely available online through major retailers such as Amazon, Uncommon Goods, and Macy’s, as well as in boutique stores nationwide.

Child in pajamasWhy Are Children’s Pajamas Being Recalled?

According to various posts on the Consumer Product Safety Commission (“CPSC”) website, the manufacturers of the pajama sets issued the recalls because they failed to meet the federal flammability standards for children’s sleepwear. Under existing regulations, all children’s sleepwear for children over the age of nine months must be either flame-resistant or tight-fitting. Tight-fitting pajamas do not need to be flame-resistant because close-fitting clothes pose a much lower risk of catching fire. All children’s pajamas that were recently recalled were not tight-fitting and failed to comply with the CPSC’s flame-resistant requirements.

Which Children’s Pajamas Were Recalled?

While many brands of children’s pajamas have been subject to recalls over recent months, the most recent group of recalls affects the following brands:

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Child in pajamasFisher-Price recently recalled its Rock ‘n Play Sleepers. The sleepers are made for infants, and they allow for parents to place their babies in bassinet-like beds designed for easy and comfortable sleeping. These sleepers were recalled because infants have tragically died while rolling from their backs to their stomachs or sides while unrestrained. Consumers have been advised to immediately stop using the strollers and to get a refund from Fisher-Price if they own the sleeper. If your child was injured due to an experience with the Rock ‘n Play, you should give the liability lawyers of Moll Law Group a call as soon as possible. Thanks to our team, billions have been recovered in lawsuits after consumer injuries just like these.

Details of the Recalled Fish ‘n Play Product

Approximately 100 deaths have occurred in connection with this Fisher-Price product. Apparently, the deaths have almost always happened when infants have rolled around while in the sleepers, partially because the infants have been entirely unrestrained. Fisher-Price reported that in several of the reported instances, it has been unable to confirm the exact circumstances that caused the related death or injury.

Affected sleepers were sold at Walmart, Target, and online at Amazon. Fisher-Price put the product on the market in September 2009, and they have been sold for anywhere between $40 and $149 since then. As of January 9, 2023, it is illegal to sell or distribute the recalled product. All models of the Rock ‘n Play sleeper have been recalled. To receive a refund for the Fish ‘n Play, consumers can go to Fisher-Price website and submit a claim. The Consumer Product Safety Commission estimates that more than 4.7 million of the recalled Rock ‘n Play sleepers have been sold to U.S. consumers.

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sunday-half-past-ten-a-m-1413207-scaled

Target stores recently announced a recall of more than 200,000 Pillowfort weighted blankets following multiple reports that children can become trapped under the blanket. In a statement, Target explained that the blankets, which are specifically marketed towards children, “pose a risk of death by asphyxiation.”

The weighted blanket recall follows confirmed reports from parents that their children were able to open up the outer cover of the blanket and crawl inside, at which point they became trapped. According to a recent news report,two children died last year from suffocation after getting trapped inside the Pillowfort weighted blanket.

The Consumer Product Safety Commission and Target are both suggesting that customers who purchased a Pillowfort weighted blanket return the item to the store for a refund. Of course, for families whose children may have been injured or killed as a result of the recalled product, a refund of $40 isn’t a fair remedy.

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baby-g3f121741c_640Sometimes baby neck floats are used on babies with spina bifida, spinal muscular atrophy (SMA) type 1, cerebral palsy, and Down syndrome. The United States Food and Drug Administration (FDA) recently issued warnings not to use neck floats with babies with special needs or developmental delays, even when interventions such as water therapy are being provided. If your baby was injured or killed by a baby neck float, you should call the seasoned Chicago-based lawyers of Moll Law Group.

Consult the Lawyers of Moll Law Group

Some neck floats, inflatable plastic rings worn around a baby’s neck, permit babies to float in the water freely. They can be marketed for premature infants or even as young as two weeks old. Parents and caregivers use the products during babies’ baths or when their baby is swimming as a physical therapy intervention because they have developmental disabilities or delays. Some manufacturers claim that using these neck floats allows for increased lung capacity, muscle tone, flexibility and motion range, and stimulation of the brain and nervous system. They claim they can build strength or promote development, but these claims are not fully supported.

The U.S. Food and Drug Administration (FDA) has warned parents and others not to use neck floats with babies, even for therapy, especially when babies have developmental delays or special needs, such as cerebral palsy, spina bifida, Downs syndrome or spinal muscular atrophy type 1. Using floats can lead to death or severe neck strain and injuries.

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baby-g909db3e6f_640-e1646267137939Recently, Abbot Nutrition expanded its recall of baby formula after a second baby died from infection after consuming the formula Abbot Nutrition’s Similac PM 60/40 with a lot code 27032K800. Four reports of Cronobacter sakazakii infection have been reported in connection with products from the plant. If your baby was harmed, hospitalized, or died because of its consumption of Abbot Nutrition’s Similac, you should call the experienced Chicago-based product liability lawyers of the Moll Law Group about whether you have a claim against the manufacturer. Similac PM is specifically intended for infants that are helped by lowered mineral intake; the specific formula in question wasn’t included in a prior, February 17 recall for lots of Similac, Alimentum, and EleCare, powdered formulas, that were also produced at the same plant. No parent should have to go through the anguish of a baby who dies because of a formula that should have been safe.

Call the Seasoned Product Liability Lawyers of Moll Law Group About Your Lawsuit

The FDA has updated its website to investigate another illness due to another Cronobacter sakazakii, which is a rare and dangerous bacteria that causes serious medical complications, including blood infections.  A child died after hospitalization and an infection with this germ may have contributed to his death. He had consumed Similac before becoming infected. While four infections involving Cronobacter sakazakii were reported to the FDA and the Centers for Disease Control and Prevention, a Salmonella Newport infection was also reported alongside the outbreak. The five infants who became sick were all hospitalized. Two died.

Following the second baby’s death, Abbott Nutrition recalled the powdered formula the baby had consumed. To determine whether you are using a lot of powdered formula that has been recalled, you can look at the 7-9 digit code and expiration at the bottom of the package. Take a look at whether the first two digits of the code are 22 -67, the code contains Z2, SH, or K8, and the expiration date is April 1st or later. You can type in the code on the bottom of your package at Similacrecall.com to make sure it’s part of the recall.

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