When it comes to our children, their safety is of utmost importance, whether that means using a good car seat, choosing a pediatrician, or bundling them up against the cold. However, it is rare that we consider that something as simple and common as a pacifier might be a source of danger and harm to our children. Unfortunately, this is the case for Mushie & Co. brand pacifiers. These sorts of product defects can be extremely harmful, especially if we leave our children unattended with the product for even a few moments.
On January 19th, 2022, Mushie & Co., in conjunction with the Consumer Product Safety Commission (CPSC), issued a recall of two styles of their FRIGG Silicone Pacifiers. More than 330,000 pacifiers are affected by the recall. Per the CPSC notice, “the base of the silicone nipple has a fine slit that can cause the nipple to detach from the plastic shield, posing a choking hazard.”
These pacifiers were sold at multiple retailers across the country, including T.J. Maxx and Amazon.
So far, there have been no injuries reported, but more than 200 reports have been filed internationally concerning the silicone nipple detaching from the shield. Mushie & Co. has instructed its consumers to stop using the pacifiers immediately, and to contact the company for a full refund.
Many children’s products pose a choking risk
The Mushie & Co. recall is one of the latest recalls involving choking hazards. In the last six months, the following products have been recalled for choking risks:
- Kids Reiny Szn Mid-Cushion Crew Socks
- KOYO Bounca The Squig Limited Edition Plush toys
- Halo Projector Flashlights
- Hanna Andersson Baby Ruffle Rompers
- Ryan and Rose “Cutie Spoovel” children’s eating utensils
- Wee Gallery Ocean and Safari animal wooden tray puzzles
- Tucker & Tate children’s socks
- Hallmark Teether Rings with Decorative Fabric and Plush Attachments
What injuries can be caused by choking?
According to the Elmwood Pediatric Group, “one child in the US dies from choking every five days, and 75% of deaths occur in children under three.” While a fatality is the worst-case scenario, choking can cause additional injuries in the survivors. Those injuries may include:
- Oxygen deprivation, leading to permanent brain damage
- Damage to the soft tissue in the throat
- Damage to the trachea
- Increased risk of infection
- Difficulty breathing
- Difficulty swallowing, leading to risk of dehydration
What can I do if my child was injured by a recalled product?
If your child sustained injuries from a defective pacifier or other children’s product, you may be able to file a product liability lawsuit against the manufacturer for damages. Under Georgia’s product liability laws, there are a three different types of product defects. These include:
- Design flaws: Products are often designed by a whole host of employees and workers such as engineers, specialists, and inventors; often all working in conjunction with high tech computers. Design defects may be due to unforeseen complications, failure to implement testing procedures, failure to use quality researchers, and other reasons. At the end of the day, the burden of designing safe products falls on the shoulders of the manufacturer.
- Manufacturer errors: If a product gets past the design stage with everything adequately planned, but the manufacturer uses poor parts, fail to follow the design specifications, or incorrectly follows good practice manufacturing standards, a manufacturing defect may have occurred.
- Faulty instructions/failure to warn: Products should come with instructions on how to safely install, use, and care for products. There may even need to be instructions on how to store or keep the product in order to avoid malfunctions.
If you think you have a case against a manufacturer or retailer, it is important to get in contact with a product liability attorney from Harris Lowry Manton LLP. We have obtained over $100 million in verdicts and settlement awards on behalf of clients who suffered injuries from defective products and have secured the #1 product liability verdict in all of Georgia for the last 15 years. We would be proud to represent you in your lawsuit.
When you buy something as simple and common as a pacifier for your child, you expect it to be safe for your child to use. While Mushie & Co. were right to issue a recall, the manufacturing flaw should not have happened in the first place. Companies must be held accountable for their negligence, especially when it comes to the safety of our children. Contact the product liability attorneys at Harris Lowry Manton LLP today. Call our Atlanta office at 404-998-8847, our Savannah office at 912-417-3774, or use our contact form to schedule a free consultation.
One of the nation’s top trial attorneys, Jeff Harris is an award-winning litigator who handles high-profile, complex cases across a wide variety of practice areas. He excels at securing justice for clients who have been seriously injured or killed, holding responsible parties accountable for their actions as well as their negligence.
Read more about Jeffrey R. Harris here.