Local family sues bassinet maker over infant’s death

A local couple is suing the manufacturer of a recalled bassinet that they say contributed to the death of their 2-month-old baby.

Brandon Holbrook and Nioka Byrge of Dayton filed suit for wrongful death earlier this year against Dorel Juvenile Group Inc. in Montgomery County Common Pleas Court. The case has since been moved to Dayton’s U.S. District Court.

The suit claims their son, Michael, died Jan. 23, 2013 when he suffocated against the side of the bassinet. The Eddie Bauer Rocking Wood bassinet had been recalled due to the locking mechanism not properly locking the bassinet from a rocker to a bassinet.

The voluntary recall of the Eddie Bauer Wood bassinet, Model Nos. 10632, 10639, 10832, 10839, 10835 and BT021 issued Nov. 22, 2012 stated: “This poses a suffocation hazard to infants.” At least one other infant’s death has been linked to this model.

The couple alleges they were not made aware of the recall and that they received the bassinet as a gift, and that the people who purchased the bassinet were not notified of the recall.

In court documents, Dorel Juvenile Group Inc. denies the allegations made in the lawsuit. Christine Haaker, one of two local attorneys representing Dorel Juvenile Group, declined to comment on the lawsuit. Attorney Patrick Conboy, who represents the baby’s parents, said they also declined to comment.

The lawsuit states the parents put the baby in the bassinet but when they checked on him, he “was rolled over on his side and not breathing” and that he “suffocated against the side of the bassinet and was pronounced dead at the scene.”

The counts in the suit include wrongful death, negligence, product liability, loss of consortium, punitive damage and seeks compensatory damages in excess of $25,000 — which is boilerplate language for such lawsuits.

The recall gives instructions on ordering a free repair kit and also states: “Dorel Juvenile Group is committed to manufacturing products with the highest standards for our users. Any recall is unfortunate, particularly those affecting children’s products. We sincerely regret any inconvenience this recall may have caused you

The other infant death linked to this product was filed in Tennessee. The mother of a 5-month-old who died in August 2012 said she purchased the bassinet in February 2012. That suit said the child was placed in the middle of the unit but found in the corner of the bedding. The child was taken to a hospital but pronounced dead a short time later.

Dorel Juvenile Group Inc., which bills itself as the world’s largest car-seat manufacturer, lists numerous recalls since 2010 on its website, including ones for child restraints, cabinet locks and toilet locks, most of which they say have not resulted in serious injuries.

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