West Boca Mom Settles Palm Beach County Wrongful Death Lawsuit Against Simplicity and Wal-Mart After Daughter Suffocates in Drop-Side Crib
Constance Bergey has settled her Palm Beach County wrongful death lawsuit against Simplicity Inc. and Walmart. Bergey’s 2-year-old daughter Serenity was found dead in her crib on September 19, 2007.
Florida prosecutors had wanted to charge Bergey with manslaughter when in fact, Serenity had suffocated after her head got caught between the crib mattress and a drop-side rail. Two days after Serenity's fatal Palm Beach County crib entrapment accident, the crib maker issued a recall of one million cribs.
At least 11 infant fatalities are linked to defective cribs made by Simplicity, a company that is no longer in business. Over 2 million Simplicity drop side cribs have been recalled because the crib’s hardware exhibited failures that can cause the drop side to separate or detach from the crib. When this happens, a playing or sleeping child can fall into the gap, causing entrapment injuries or suffocation that can lead to traumatic brain injuries or death.
Other crib makers have had to recall their drop side cribs over similar concerns. Over 20 crib recalls have been issued in the last 3 years that have involved over 4 million cribs. Defective hardware, improper installation, inadequate assembly instructions, and missing parts have been some of the defects that can lead to entrapment accidents, suffocation accidents, and/or fall accidents. Some crib manufacturers are even recommending that a ban be placed on the manufacture of drop-side cribs.
It is obviously a very good development when a manufacturer and the US Consumer Product Safety Commission decide to voluntarily recall a defective or dangerous products. However, this move is often too little too late for the children who are injured or killed because a manufacturer or another party was negligent. If your child was hurt or died because of a defective products, you may have grounds for filing a Florida products liability case or a wrongful death complaint against a negligent manufacturer, retailer, and/distributor.
West Boca woman settles suit against crib maker, Walmart, March 12, 2010
Crib Drop-Side Recall, Simplicity for Children
Related Web Resources:
Consumer Product Safety Commission
Dangerous Crib Recalls, Kids in Danger