Case type Defective Children’s Products
Infant Sleep Product Deaths
Did you lose a baby, or was your baby hurt, in an infant sleeper, lounger or similar product? We are here to listen.
Some infant sleep products were sold for years before they were recalled. CBW Law reviews the product, its recall and regulatory history, and the official findings, with care and at your pace. Tell Us Your Story. Contacting us does not create an attorney-client relationship.
Losing a baby is devastating, and families often want to know whether a product played a role. Some infant sleep products, especially inclined sleepers, were recalled after deaths were reported, and federal rules now restrict how infant sleep products can be designed. Not every sleep-related death involves a defective product, and medical findings such as SIDS and suffocation mean different things. An infant sleeper lawyer reviews the product, the recall history and the official records with care.
Products made for sleep, and products that are not
CPSC says babies should sleep only in products made for sleep that meet federal requirements: cribs, bassinets, play yards and bedside sleepers, with nothing but a fitted sheet1. Many young babies cannot lift their heads to pull away from soft objects, and a seated or semi-reclined position can cause a baby's head to tip forward and block the airway1.
Inclined products with an angle greater than 10 degrees, such as rockers, gliders, soothers and swings, should never be used for infant sleep1. A federal standard now covers infant sleep products that are not cribs, bassinets, play yards or bedside sleepers, and it addresses sleep surfaces angled more than 10 degrees2. Padded crib bumpers are banned under the Safe Sleep for Babies Act3.
Recalls of infant sleepers
Several infant sleep products have been recalled after deaths were reported. Two examples from CPSC's records:
| Product | What CPSC reported |
|---|---|
| Fisher-Price Rock 'n Play Sleeper | About 4.7 million recalled in 2019 and reannounced in 2023. Approximately 100 deaths reportedly occurred while infants were in the products. Fisher-Price notes that in some reports it could not confirm the circumstances or the product4. |
| Kids2 Rocking Sleepers | About 694,000 recalled in 2019 and reannounced in 2023. Fifteen infant deaths were reported, four after the recall5. |
It is illegal to sell or distribute these recalled sleepers45. Reported deaths in a recall notice are reports, and the notices themselves say not every report could be confirmed.
How sleep-related deaths are investigated
Sudden unexpected infant death, or SUID, is the sudden and unexpected death of a baby younger than 1 with no obvious cause before investigation. It includes sudden infant death syndrome (SIDS), accidental suffocation and strangulation in bed, and deaths from unknown causes6. About 3,400 babies died suddenly and unexpectedly in the United States in 20246.
CDC notes that a thorough investigation is needed to learn what caused these deaths, and that investigation and reporting practices differ6. SIDS, suffocation and a product-related death are not the same finding. The death certificate, the autopsy, the scene investigation and the product itself all matter.
Nursery product deaths in federal data
CPSC reported 523 deaths of children under five associated with, but not necessarily caused by, nursery products from 2019 through 2021, and that unsafe sleep environments with soft bedding accounted for 126 of them7. Cribs and mattresses, bassinets, play yards, inclined infant sleep products and infant carriers were associated with 76 percent of those deaths7.
Who may have a claim
A family's review usually considers:
- The product's brand, model and date code, and where it came from
- Whether the product was recalled or banned
- How and where the baby was placed to sleep
- The medical examiner's or coroner's findings
- Any police, child death review or scene investigation reports
Families may also reach out about a serious injury, such as a baby who stopped breathing and survived. Each situation is different.
Who may be responsible
- The manufacturer and brand owner
- The importer
- Retailers and online sellers, especially of recalled or banned products
- A childcare provider, in some cases
Product liability claims can reach businesses throughout the chain of distribution8.
Filing deadlines
Wrongful death and injury claims follow state deadlines. For example, Arizona generally allows two years for wrongful death, measured from the death9, California two years10, and Texas two years11. Some deadlines can be affected by when the cause was discovered. If you are unsure, ask early.
Records that may help
What families often have
The product
- Brand, model and any date code
- Photos of the product already taken
- Purchase records or where it came from
Official records
- Death certificate
- Autopsy or medical examiner report
- Police or investigator reports
Medical
- Hospital and pediatric records
What happens after you contact CBW Law
How we approach these conversations
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You tell us what you can
Share what you are comfortable sharing, at your own pace.
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We identify the product
We check recalls, bans and federal standards that applied.
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We review the records
With your permission, we gather investigator and medical records.
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We explain what we see
We tell you honestly whether a claim may be possible.
A sleep-related death has many possible explanations. When a product may be one of them, families deserve a careful, respectful review.
Plain English
Medical, Health & Insurance
Terms families may see in official records.
Medical terms
Product terms
Claim terms
- Wrongful death claim
- A claim brought by family members or an estate after a death caused by another's wrongful act.
- Estate
- The legal entity that may bring certain claims on behalf of someone who has died.
Questions
Frequently asked infant sleep product questions
Short answers to the questions people ask first.
Where can I see official recall details?
CPSC posts recall notices with the product, units, reported incidents and remedy, such as the Rock 'n Play reannouncement4.
Was the Rock 'n Play banned?
Is SIDS the same as suffocation?
No. CDC treats SIDS and accidental suffocation as different categories within SUID6.
The death was ruled SIDS. Can a product still have played a role?
Possibly. Findings depend on the investigation that was done. A careful review of the records and the product can help answer that question.
Can we bring an infant sleeper lawsuit if we got the product secondhand?
Possibly. Recalled products are often passed along. The model and date code matter.
Do we need to keep the product?
No family should keep a recalled sleeper where it could be used again. Tell us what you have, and we will explain the options. Photos and records are a good start.
How long do we have to file?
Deadlines vary by state. Arizona generally allows two years from the death for wrongful death9.
What does an infant sleeper attorney at CBW look at first?
The product and its recall history, the official findings and how the baby was found, always at the family's pace.
How much does it cost to talk to an infant sleeper lawyer at CBW?
Telling us your story costs nothing, and contacting us does not create an attorney-client relationship.
Tell Us Your Story
If you lost a baby, or your baby was hurt, and a sleep product may have been involved, you can talk with us when you are ready.
Tell us what happened. CBW Law will review your information and explain what we see. Submitting information does not establish an attorney-client relationship or guarantee representation.
Tell Us Your Story Call (800) 476-2416
This page is general information about infant sleep products. It is not legal or medical advice and does not create an attorney-client relationship. A death or injury, a recall or a reported incident does not, by itself, establish that a product was defective or caused harm. Laws and deadlines differ by state, and no outcome can be promised. Safe sleep guidance comes from CPSC, CDC and NIH.