4moms class action alleges company sold baby swings, rockers with strangulation hazard

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4moms MamaRoo, RockaRoo strangulating hazard class action lawsuit overview: 

• Who: Mahala Demarzio and Drea Layne filed a class action lawsuit against Thorley Industries, LLC (D/B/A 4moms). 
• Why: Demarzio and Layne claim 4moms knowingly sold swing and rocker products that presented a strangulation risk for infants and ultimately had to be recalled. 
• Where: The class action lawsuit was filed in Pennsylvania federal court. 

Baby product manufacturer 4moms knowingly sold swing and rocker products that put babies’ health at risk, a new class action lawsuit alleges. 

Plaintiffs Mahala Demarzio and Drea Layne claim 4moms sold MamaRoo Baby Swings and RockaRoo Baby Rockers that had to be recalled because they pose a strangulation hazard. 

Demarzio and Layne argue 4moms failed to disclose to consumers that the products could present a risk of strangulation for infants despite allegedly knowing about it for at least four years prior to the items being recalled earlier this month. 

“At a minimum, 4moms was aware of the risk of infant strangulation of the Recalled Devices in August of 2018, when the first injury of this kind was reported to them,” the 4moms class action states. 

Demarzio and Layne want to represent a nationwide class of consumers who purchased a 4moms MamaRoo or RockaRoo product included in the strangulation risk recall. 

A 10-month old infant “died from asphyxiation” and another 10-month old infant suffered neck bruising from the products prior to them being recalled by 4moms and the U.S. Consumer Product Safety Commission, according to the 4moms class action. 

4moms accused of ‘unjustly’ profiting from the manufacture and sale of unsafe, recalled products

“During this period, 4moms unreasonably and unjustly profited from the manufacture and sale of the Recalled Devices and unreasonably put infants at risk of development of strangulation,” the 4moms class action states. 

Demarzio and Layne claim 4moms is guilty of fraud by omission, unjust enrichment and negligent misrepresentation, among other things, and in violation of the North Carolina Unfair and Deceptive Trade Practices Act and the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 

The plaintiffs demand a jury trial and request declaratory and injunctive relief along with an award of actual, statutory and punitive damages for themselves and all class members. 

In related recall news, claims management service Sedgwick revealed in its quarterly U.S. product recall index report earlier this month that more than 1 billion products have already been recalled so far this year in the United States. 

Did you purchase one of the recalled MamaRoo or RockaRoo baby swing or rocker products? Let us know in the comments! 

The plaintiffs are represented by D. Aaron Rihn, Robert N. Peirce III and Sara J. Watkins of Robert Peirce & Associates, and Blake G. Abbott, Roy T. Willey IV and Paul J. Doolittle of Poulin Willey Anastopoulo LLC.

The 4moms class action lawsuit is Demarzio, et al. v. Thorley Industries, LLC in the U.S. District Court for the Western District of Pennsylvania. 

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