Compass Carex, a company that creates home health equipment intended to allow aging people to continue living at home, has recalled one of their bed rail products after 3 reported deaths connected to the product. We’ve since learned that there is a risk of asphyxiation with continued use of the product, and anyone injured by the product may be eligible for compensation.
Why Were They Recalled?
The Carex Brand Adult Portable Bed Rails were officially recalled on December 22, 2021, because people can become trapped between the bed rail and the side of their mattress or within the bed rail itself. Such entrapment poses a risk of asphyxiation and death. This recall pertains to about 104,900 units, and the specific model numbers that have been impacted are P566 and P569.
Unfortunately, 3 people have died as a result of continued use of the bed rails. An 85-year-old man in Ohio, an 84-year-old woman in California, and an 88-year-old woman in Washington succumbed to injuries acquired after becoming trapped between the bed rails and their mattress. In each incident, the rails were not securely attached to the bed.
What To Do
Anyone who owns these recalled bed rails should stop using them immediately. Users can contact Compass Health Brands for a refund or repair kit. The recalled units were sold nationwide from November 2012 through December 2021 at retailers such as Amazon, Walmart, and the Carex website.
Holding Companies Liable
Product liability law is designed to hold companies liable for dangerous products and to help customers impacted by such products recover damages. Consumers can seek compensation for deaths caused by defective products, as well as for injuries, distress, and damage to the property itself. For a product liability claim to be legitimate in a court of law, the injuries must have been caused by one of the following 3 conditions:
- Defective design or manufacturing: This includes issues with the product arising from the design, assembly, construction, testing, or marketing.
- Lack of warning: Companies are required to provide consumers with sufficient warnings about risks associated with using their products. If someone is injured using a product due to a risk that is not immediately obvious to the average consumer, they may be able to sue the company if that risk was not disclosed beforehand.
- Unfulfilled warranties: In Ohio, consumers can file claims if they believe a product was advertised as having a warranty that the company did not fulfill.
Statute of Limitations
The state of Ohio allows residents to file product liability claims up to 2 years from the date the product caused their injury. If someone was injured by a product but did not discover the injury until 2 years had already passed, they can still file a claim. However, no one can file a product liability claim more than 10 years after purchasing the product that injured them.
Types of Compensation
There are 2 classes of damages in product liability and personal injury lawsuits, known as economic and non-economic damages. Economic damages include:
- Medical expenses, such as hospital bills, medication costs, and physical therapy
- Lost wages due to missed work as a result of the injury
- Property damage as a result of the defective product
Some examples of non-economic damages are:
- Pain and suffering due to the injury
- Loss of consortium, which is the impact an injury has on someone’s relationship with their spouse
- Emotional distress
- Loss of earning capacity
We Can Help You
If you have been injured by a defective product and need legal assistance, contact Rourke and Blumenthal today. With over 150 years of combined legal experience, we will fight tirelessly on your behalf to get you the compensation you deserve. We understand that each case is unique, which is why we give all of our clients' specialized attention.
Contact us online or at (614) 321-3212 for a consultation today.