Skip to main content
Accessibility  |  Contact  |  Privacy  |  Terms of Service

Evenflo Mattress Pad Responsible for Suffocation of Child

  • Published: 2016-03-21 : Author: The Law Offices of Carcione, Cattermole, Dolinski, et al
  • Synopsis: Jury determines defective Evenflo mattress pad responsible for suffocation of infant.

Main Document

"Abigail's parents, Tiffany and David Karow, hope the verdict results in regulations and requirements that mattress pads be breathable."

The Law Offices of Carcione, Cattermole, Dolinski, et al. announces an important jury verdict received in Redwood City, Calif., in the late afternoon of March 17, 2016. A San Mateo Superior Court jury has returned an $8 million verdict against Evenflo Co., Inc. for the wrongful death of a seven-month-old infant. Evenflo Company, Inc. is a major manufacturer of baby and juvenile products, including playpens and play yards.

The jury of six men and six women found that the mattress pad used in an Evenflo play yard was defectively designed and suffocated Abigail Karow, who died April 21, 2010, about two days after she was found face down and unresponsive in her play yard.

The jury determined she suffocated because the mattress pad was not breathable and that the baby's breath could not pass through the plastic surface of the mattress pad.

Abigail's death was originally diagnosed as Sudden Infant Death Syndrome (SIDS), but plaintiffs presented evidence that the death was caused by suffocation from the mattress pad, not SIDS.

Plaintiffs' witnesses included Rachel Moon, M.D., head of the American Academy of Pediatrics' SIDS Task Force. Dr. Moon testified that SIDS has been historically over-diagnosed in the United States and that suffocation is sometimes diagnosed mistakenly as SIDS.

Misdiagnosis as SIDS can arise out of improper investigation of the death scene of the baby, plaintiffs argued.

Most of the time investigators do not think to look at the baby's sleeping surface if it is a surface designed for infant sleeping, such as a play yard, according to forensic pathologist Judy Melinek, M.D. She said that investigators, like most consumers, assume if it is sold for a baby to sleep on, it must be safe for a baby to sleep on.

There is no governmental or industrial regulation in the United States that requires mattress pads on which babies are placed to be air permeable, or breathable. Abigail's parents, Tiffany and David Karow, hope the verdict results in regulations and requirements that mattress pads be breathable. "Such regulation is necessary and should be named "Abby's Law," said Karows' attorney Joseph W. Carcione, Jr. "Requiring that mattress pads allow a baby's breath to pass through the surface of the mattress would be a fitting and important tribute to beautiful Abby."

Similar Topics

1 : FDA, FTC Warn Companies for Selling Illegal, Unapproved Opioid Cessation Products Using Deceptive Claims : HHS.
2 : Yemen Cholera Outbreak Is The World's Worst : World Health Organization.
3 : Some Hip Implants May be Toxic to the Brain : Health Watch USA.
4 : Thermal Paper Cash Register Receipts Account for High BPA Levels in Humans : University of Missouri.
5 : First Candida Auris Cases Reported in United States : Centers for Disease Control and Prevention (CDC).
From our Warnings - Alerts & Advisories section - Full List (42 Items)

Submit disability news, coming events, as well as assistive technology product news and reviews.

Loan Information for low income singles, families, seniors and disabled. Includes home, vehicle and personal loans.

Famous People with Disabilities - Well known people with disabilities and conditions who contributed to society.

List of awareness ribbon colors and their meaning. Also see our calendar of awareness dates.

Blood Pressure Chart - What should your blood pressure be, and information on blood group types/compatibility.

1 : Fighting My Cancer as Much as Possible - Why Many Patients Join Phase 1 Clinical Trials
2 : Social Stigma Can Stand in the Way of Food Insecurity Screening
3 : Being a Clone of Itself May Make Toenail Fungus Vulnerable to New Treatments
4 : How Often Do Medical Problems Lead to Bankruptcy?
5 : Videocamp Launches $400,000 Fund and Challenges Filmmakers to Create a Film About Inclusive Education


Disclaimer: This site does not employ and is not overseen by medical professionals. Content on Disabled World is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. See our Terms of Service for more information.

Reporting Errors: Disabled World is an independent website, your assistance in reporting outdated or inaccurate information is appreciated. If you find an error please let us know.