James A. Byrne U.S. Courthouse in Philadelphia
PHILADELPHIA – Discovery in a lawsuit blaming the maker of a bassinet mattress for an infant’s death has shown a blanket was actually the problem.
Philadelphia federal judge Mary Kay Costello last week ordered judgment for Dorel Industries, which was accused in a 2023 lawsuit of making a mattress that was so soft it suffocated an infant after he rolled over on his stomach.
But it turned out the mattress had been covered in a thick, gray blanket – something a label on the bassinet expressly warned against.
“Infants have suffocated: … on soft bedding,” the label says. “Use only the pad provided by manufacturer. NEVER add a pillow, comforter, or another mattress for padding.”
A child known as C.B. in court records was placed on his back to sleep in August 2021. Hours later, his father found him face down and unresponsive, and C.B. died later that day.
It was alleged the memory-foam mattress was too soft and restricted C.B.’s mouth and nose. A lawsuit claimed Dorel failed to warn users of this possibility, but that theory could only fly if C.B.’s face was directly on the mattress.
Evidence from the Philadelphia Police Department contradicted testimony from the parents, who said there was nothing in the bassinet other than the mattress. However, photos and body-cam footage showed the mattress covered with the blanket.
That was enough for lawyers at Stampone O’Brien Dilsheimer Law to ask their clients to drop the case. But the father did not, proceeding on his own with the claim the blanket must have been added after C.B. was found.
The child’s uncle testified there was no blanket, and the father said police evidence could not have been taken immediately after the accident because a search warrant wasn’t executed until hours later.
“The evidence suggests otherwise,” Judge Costello wrote.
“PPD officers obtained video and photographs of the house and bedroom where the bassinet was located, including photographs and video of the bassinet itself, immediately after the incident.
“In fact, body camera footage obtained just moments after C.B. was taken to the hospital clearly shows the gray blanket covering the bassinet mattress.”
