Confidential Settlement – Death of infant from defective product

John Elliott Leighton represented the family of a baby who was killed when a “Cushie Comfort” bean bag pillow killed their child.  Leighton discovered that these bean bag (polystyrene-filled bead) pillows were marketed for use in cribs with small babies.  Despite evidence that such items should never used placed in cribs, these products were widely marketed for use this way and were shown in packaging and promoted for use in cribs.  Without performing any research or safety testing the manufacturer and retailer sold these pilows.  Babies do not have the head strength to life their heads.  When using the pillow, under some conditions the babies would turn face down and be unable to lift their heads to breathe. Mr. Leighton worked with researchers who, through testing, discovered that the babies would re-breathe air that had a high carbon dioxide content and continue to re-breathe until they went into a coma and eventually died. Leighton and his clients brought the product before the Consumer Product Safety Commission and obtained a mandatory recall and sales ban of these products, which have all been removed from sale throughout the United States.  A confidential settlement was obtained from the retailer after the manufacturer sought bankruptcy protection.

Disclaimer: The information about past verdicts and settlements of the firm’s cases are based on the unique facts of each case. These amounts reflect the gross recovery in each case (before attorneys fees, expenses and medical costs are deducted). Although these results were obtained by our firm, they may not indicate the success or value of any other case. By clicking on Verdicts and Settlements you are acknowledging that each case is unique and must be evaluated on its own merits. The information contained here has not been reviewed or approved by The Florida Bar.