The Consumer Product Safety Commission (CPSC) is a federal agency that works to protect the public from death and severe injuries from dangerous consumer products. The agency gives a high priority to products that create dangerous risks for children as well as products with electrical, mechanical, chemical, and fire hazards. The CPSC investigates complaints from consumers, and issues recalls for defective products and products that fail to comply with regulatory standards.

On October 7, 2020, the CPSC issued a warning about nursing pillows and lounging pads. The warning is just part of the oversight by the CPSC of products such as cribs, inclined sleepers, and pillows that tragically kill nearly 1,000 infants each year. The waring states that “pillow-like infant products, including nursing pillows and ‘lounging pads,’ are not designed for sleep and are not safe for sleep. “

The CPSC’s initial assessment is that children who are left on or near nursing pillows are in danger if they roll over, roll off, or fall asleep on these products. The CPSC is investigating the full class of nursing pillow and lounging products. The agency is not, yet, issuing a warning regarding any specific brand of these products.

Agency recommendations for use of nursing pillows and lounging pads

The agency recommends that parents and caregivers should:

• Not allow young infants to sleep on the nursing pillows or similar products
• Not use “infant sleep products with inclined seat backs of more than 10 degrees.” Adults also shouldn’t use “infant car seats, bouncers, and other infant inclined products for sleep.” The products should only be used in compliance with manufacturer instructions.
• Follow safe sleep advice.
  • “Bare is Best.” Parents and caretakers shouldn’t add padded bumpers, blankets, pillows, or other objects to the infant’s sleep environment.
  • “Back to Sleep.” Infants should be placed on their backs on a flat, firm surface.

Do you have a product liability claim on behalf of your infant?

Any parent whose child has an injury or dies due to nursing pillows/lounging pads may have a product liability claim against the manufacturer. Makers or products make good money off of their products. If their product is defective and the defect causes death or injury, the manufacturer can be held strictly liable. In product liability cases, there is no requirement to prove the manufacturer was negligent. In addition to the manufacturer, distributors and retailers of defective products may also be strictly liable.

The CPSC also wants parents whose children are injured or died due to the nursing pillows to contact them so the CPSC can continue its investigation.

At Delius & McKenzie, PLLC, our negligence and product liability trial lawyers understand how traumatic it is when a newborn dies or suffers a severe disability due to a defective product. We file wrongful death claims and personal injury claims against the manufacturers and sellers, and demand compensation for all medical expenses, pain and suffering, and the unbearable loss of a newborn.

If your child was killed or harmed due to a nursing pillow or any product for infants, call 865-428-8780 or complete our contact form to schedule an appointment. We negotiate settlements and try cases in Sevierville, Seymour, Gatlinburg, Pigeon Forge, and the neighboring Tennessee areas.