A mattress pad suffocation lawsuit resulted in a verdict of $8 million in favor of the parents of a baby who allegedly suffocated after being placed on a mattress pad. When a dangerous and defective product results in injury or death, victims may be eligible to pursue compensation with the help of a product liability lawyer.
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Unprecedented Mattress Pad Suffocation Lawsuit Results in Wrongful Death Verdict
In what could be the first case of its kind, a jury in California returned an $8 million verdict against Evenflo Co. Inc. for the wrongful death of a 7-month-old baby girl. According to mercurynews.com, the jury found that a mattress pad manufactured by Evenflo allegedly suffocated the child after a daycare provider put her face-down for a nap.
The mattress pad suffocation lawsuit claimed that the child suffocated to death on the Evenflo mattress pad because she could not breathe through the material. The baby was found face down and responsive on the mattress pad in April 2010, and after spending 36 hours on a respirator, she was pronounced dead.
The parents of the child hope that the verdict is a catalyst for change in permeability standards for mattress pads, stating:
“The importance of the verdict is that it is a dramatic call for something to happen relative to the safety of babies. There is no standard for permeability and we need regulation in the worst way.”
The attorney for the plaintiffs believes that the law should require mattress pads for babies to be breathable, adding that the case was unprecedented in that he was unaware of any similar lawsuits involving a baby suffocating due to a mattress pad. An attorney representing Evenflo expressed his disappointment with the jury’s decision and will consider all options, including an appeal of the jury’s verdict, the website reported.
Injured Parties May Be Entitled to Compensation
Product manufacturers have a duty to ensure their products are accompanied by full and accurate instructions and warnings to guide users. If a product maker fails to fulfill this duty, it could be held liable in lawsuits for injuries or deaths that may result, as is what occurred in the mattress pad suffocation lawsuit case.
Consumers who are injured by a defective product may be entitled to compensation for damages, including:
- Medical expenses
- The permanency of the injury
- Pain, suffering, and mental anguish
- Loss of income or ability to work
If a user dies from injuries caused by a defective product, family members may be entitled to compensation for the wrongful death of their loved one, including:
- Conscious pain and suffering of a loved one prior to death
- Pain, suffering, and mental anguish from the loss of a loved one
- Funeral expenses
As with any claim, an injured person must prove that the product was defective and that the defect caused injuries. When a problem is reported with a product, it does not mean that the product is defective.
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