Fisher-Price Rock ’n Play Settlement Results in $19m Payout to Resolve Lawsuits Over Recalled Infant Sleepers

Fisher-Price has agreed to pay $19 million to settle Rock n’ Play Sleeper class action lawsuits brought on behalf of families nationwide who owned the recalled products, which featured a dangerous design blamed for causing more than 100 infant deaths.

Over 4.7 million Rock ‘n Play Sleeper were sold by Fisher-Price between 2009 and 2019, featuring a thirty degree inclined sleep angle, which posed a deadly hazard for infants. Once infants were able to roll over independently, they began getting trapped against the fabric and suffocating.

The massive Fisher-Price Rock ‘n Play sleeper recall was first announced in 2019, after at least 32 infant deaths were linked to the design. However, when another 70 deaths occurred after the initial warning, the U.S. Consumer Product Safety Commission (CPSC) reannounced the recall in 2023, urging families to immediately stop using the inclined infant sleepers.

Rock ‘n Play Recalls Led Class Action Lawsuits against Fisher-Price

In the wake of the recalls, at least 16 different Fisher-Price class action lawsuits were filed on behalf of individuals who purchased a Rock ‘n Play Sleeper, or received one as a gift, alleging that the manufacturer’s advertising and marketing were false and misleading, since it failed to disclose the serious safety risks posed by the infant sleepers.

The U.S. House Oversight Committee released a report in June 2021, which found that Fisher-Price did not adequately vet the Rock ‘n Play Sleeper for safety before putting it on the market, and that the manufacturer intentionally ignored warnings about risks posed by the inclined sleep angle, concealing infant death reports to avoid issuing the recalls.

The class lawsuits brought on behalf of families also alleged that the recall was deficient, since some owners only stood to receive vouchers, instead of cash payments. In addition, all families were required to dismantle the sleeper, package it and mail it to Fisher-Price, which the lawsuits alleged disincentivized people to participate in the recall.

Following several years of coordinated litigation before U.S. District Judge Geoffrey W. Crawford in the Western District of New York, a mediator was appointed to work with the parties and a Fisher-Price Rock n’ Play settlement was announced late last month.

$19 Million Payouts To Be Provided from Fisher-Price Settlement

A settlement agreement (PDF) was released on July 24, detailing the cash payouts that families may be entitled to receive, depending on the date their Rock n’ Play sleeper was manufactured and whether they have proof of purchase price.

Fisher-Price has indicated that the settlement does not involve an admission of liability, claiming that the decision was reached to resolve the class action lawsuits due to the costs associated with defending the claims at trial.

Under terms of the agreement, families who purchased the recalled sleepers after October 12, 2018, and still have their proof of purchase, are entitled to receive the full purchase price. Those who do not have their proof of purchase are eligible to receive $60.

Consumers who purchased the Rock ‘n Play Sleeper between April 12, 2017 and October 12, 2018 are eligible to receive $50, while those who purchased the product prior to April 12, 2017 are entitled to $40.

If an eligible class member no longer has a proof of purchase, the manufacturing date on the product will be used to determine the settlement amount, and those who already returned their Rock ‘n Play Sleepers during the initial recall may be eligible to receive an additional $10, with proof of their returned sleeper.

Infant Sleeper Safety Concerns Resulted in Design Changes

As a result of the deaths caused by Fisher-Price Rock ‘n Play sleepers and other similar inclined infant products sold by other companies, the U.S. CPSC issued new infant sleep product standards for bassinets and cradles in June 2022, requiring baby products to have sleep angles no greater than 10 degrees.

This followed an infant sleeper warning issued by the CPSC earlier that month, as well as the Safe Sleep for Babies Act, which was passed by the House of Representatives in May 2021, making it “unlawful to manufacture, sell, or distribute crib bumpers or inclined sleepers for infants,” specifically if they are designed for an infant under one year of age and have a sleep surface greater than 10 degrees.

While the inclined sleepers were marketed to help prevent acid-reflux and congestion by elevating the baby’s head and torso, the design was banned since babies may suddenly be able to roll over on their own. The inclined angle can also force the child’s chin down to their neck, creating an airway blockage.

To reduce the risk of suffocation and accidental deaths, the American Academy of Pediatrics recommends that families only place infants to sleep on their backs, positioned on a firm, empty surface, which does not contain any soft objects, toys, pillows or loose bedding.

The recommendations call for parents to always follow the ABCs of safe sleep: Alone on the Back in a bare Crib.