Approximately 4.7 million of the units were recalled on April 12, after the U.S. Consumer Product Safety Commission (CPSC) determined the fatalities occurred “after the infants rolled from their back to their stomach or side while unrestrained, or under other circumstances.”
The first of the two lawsuits, filed by Delaware couple Samantha Drover-Mundy and Zachary Mundy, would potentially include claimants nationwide, while the second, filed by Cassandra Mulvey of New York, would include those within that state, USA Today reports.
The former lawsuit is also seeking to include claimants who purchased the sleepers, as well as those whose children were hurt, in separate classes. Both lawsuits are seeking unspecified damages.
“This recall was too late to save the lives of more than 30 infants and to prevent the injuries of numerous other infants caused by the Rock ‘n Play,” the first lawsuit states, according to USA Today.
Prior to the April 12 recall, Fisher-Price had issued a warning to parents, telling them not to place children in the sleepers “when infants can roll over,” after announcing that 10 babies had died since 2015.
The American Academy of Pediatrics (AAP) later demanded the item be recalled, citing Consumer Reports’ analysis that recorded 32 infant deaths involving the product between 2011 and 2018.
“Stores should remove the ‘Rock ‘N Play Sleeper’ from their shelves,” the AAP’s statement read. “A warning issued by the CPSC and Fisher-Price on April 5 did not go far enough to ensure safety and protect infants.”
Parents who owned the sleeper are urged to contact Fisher-Price for a refund or voucher.
The product is advertised as a place for infants to nap or sleep and includes a vibration setting for comfort. In its initial statement, Fisher-Price said the product “meets all applicable safety standards, including those of the international standards organization, known as ASTM International, and is certified by the Juvenile Products Manufacturing Association (JPMA).”
But AAP’s chair of the Task Force on Sudden Infant Death Syndrom (SIDS) said the product fails to meet the group’s recommendations for a “safe sleep environment.”
“Infants should always sleep on their back, on a separate, flat and firm sleep surface without any bumpers or bedding,” Rachel Moon, MD, FAAP, said in a statement.
The AAP does not recommend any sleeping products for infants or any products that require restraining a baby. It also advises against using car seats, strollers or other devices for sleeping due to the risk of rollover leading to possible suffocation or strangulation.
Fox News’ Alexandria Hein, Ann W. Schmidt and Anna Hopkins contributed to this report.