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by The Stoddard Firm - May 2nd, 2019
Becoming a parent is a nerve-wracking journey. Mothers- and fathers-to-be often spend months researching everything that could possibly go wrong, and how to avoid it. The volume of conflicting information can be overwhelming, and sometimes the only way to manage the stress is to unplug and trust that everything will probably be okay.
There are few things more frustrating and terrifying than finding out that your fears for your child are justified, especially when the dangers come in the form of big name baby care products, which many parents assume are the last thing they need to worry about. But wrongful death lawsuits can happen to anyone.
Just before Christmas in 2017, 5-month-old Ezra Overton rolled over and suffocated while napping in his Fisher-Price Rock ’n Play Sleeper, prompting his parents to become leaders in the effort to have the product recalled.
More than a year later, Fisher-Price participated in warning parents not to use the Rock ’n Play for children who may be able to roll over, lowering the maximum recommended age from 5 months to 3 months, and acknowledging 10 deaths of older babies dating from 2015.
However, Consumer Reports’ subsequent investigation tied the Rock ’N Play to no less than 32 deaths from 2011 through 2018, many of them involving babies younger than 3 months. Fisher-Price’s warning took no responsibility for those deaths, or for preventing others like them.
In a public comment on April 5th, 2019, Fisher-Price expressed its intention to continue selling the Rock ’n Play, arguing that it does not violate any safety regulations. Technically, it doesn’t, but only because those regulations have already been changed to suit Fisher-Price.
In 2010, the Consumer Product Safety Commission (CPSC) introduced a rule requiring infant sleep products to have no more than a 5 degree incline. Fisher-Price successfully obtained an exception for inclined baby sleepers, like its own Rock ’n Play, claiming that they’re necessary for infants suffering from acid reflux. These claims were based on the approval of a single family practitioner, against the advice of national and international pediatric organizations.
On April 9th, the American Academy of Pediatrics (AAP) demanded that Fisher-Price go back on its refusal to issue a recall, and urged parents to stop using the Rock ’n Play and other inclined baby sleepers.
According to the AAP, sleeping on an incline is unhelpful for acid reflux and dangerous even for babies who cannot roll, because an infant’s airway can be cut off by a simple lolling of the head forward or to the side.
In response to massive pressure, Fisher-Price finally cooperated with the CPSC in issuing a recall on April 12, 2019 so if you’ve bought a Rock ’n Play, you can claim your refund here.
Of course, this will be small comfort for those who have already lost children to such products. If that’s you, understand that you have done nothing wrong by trusting a product to be safe for its advertised use, and contact the Stoddard Firm for information on how we can help in product liability cases.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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Matthew Stoddard and his staff are wonderful people. This law firm is a no complication type of place. They always answer the phone without the hassle of going through 30 different people and always return emails just as quick as they are received. Thank you gentlemen for everything y’all do.
I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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