A recent recall, number 22-040, involves the Carex Brand Adult Portable Bed Rails. The recall affects approximately 104,900 units. According to the recall, users can become entrapped either within the bed rail or between the bed rail and the side of the mattress; this poses a severe risk of entrapment and death by asphyxiation.
The recall includes the following Compass Health Brands’ Carex brand bed rails:
- Bed Support Rails (model P566)
- Easy Up 2-in-1 Bed Rails (model P569)
There have been three reports of death involving one of the bed rails all involving elderly victims who became entrapped between the product and their mattress because the bed rail was not attached securely to the bed.
The recalled bed rails were sold nationwide at medical supply stores and online via www.carex.com, www. amazon.com, and www.walmart.com. They were sold from November 2012 to December 2021 for prices ranging from $22 to $80.
Affected consumers are being urged to immediately stop using the recalled bed rails and contact the company for either a free repair kit for the Bed Support Rail or a full refund for the Easy Up 2-in-1 Bed Rail.
Of course, if you lost a loved one because of an incident involving the defective portable bed rails, neither a free repair kit nor a refund are enough of a remedy. Rather, you should not accept these remedies. Instead, you should explore your legal options, as you might have grounds to file a defective product lawsuit.
Injuries Associated with the Defective Product
As explained above, there were three entrapment incidents that resulted in death due to asphyxiation. Although entrapment is not always fatal if the victim gets help quickly, entrapment can cause significant harm. Some common injuries that victims can potentially suffer include crushing injuries, fractures, lacerations, bruises, etc. It is also possible for victims to suffer some degree of brain damage due to the lack of oxygen. Regardless of the harm associated with the bed rail collapse injury, you should explore the legal options available to you.
Steps to Consider Taking
Of course, you could have the right to file a product liability lawsuit if you or a member of your family was harmed because of the defective bed rails. After being harmed by any defective product, it is important that affected parties do the following to ensure that they preserve their right to sue:
- Seek medical attention as soon as possible – if the incident was fatal, there should be confirmation that the death was related to the defective product
- Take photos of all injuries and the scene of the incident
- Take photos of the defective product
- Keep the defective product as-is (do not tamper with it in any way)
- Speak to witnesses and collect their contact information
- Gather any surveillance camera that captured the incident
- Gather all relevant records (this could include medical records, records of lost wages, records of funeral/burial costs, records of the purchase of the product, etc.)
- Seek legal assistance with a lawyer with experience in product liability law
Class Action Lawsuit – How Can I Join a Class Action Lawsuit on this Case?
When defective products harm multiple victims, mass torts and class action lawsuits are likely. Is there a class action lawsuit? Although the death toll is still low, it is possible that countless others have been affected by the defective bed rails. So, although there isn’t a class action lawsuit just yet, it is likely that these lawsuits will arise soon. Can I file a class action lawsuit? How can I be a part of a class action lawsuit on this case? Yes, you could file a class action lawsuit. To be a part of a class action lawsuit, you really just need to find a lawyer to represent you. You normally do not have to do anything particular other than opting-in or opting-out of a class action lawsuit. If you have the appropriate representation, your lawyer should be able to take care of absolutely everything and help you with your class action lawsuit. For any other questions regarding how to join the class action lawsuit, contact us today.
Contact Us Today
If your lawsuit is successful, you could be entitled to recover monetary compensation. You might have many questions regarding the average value of these cases. Although the value of your claim can only be determined by an expert product liability class action lawyer, you can be sure that our lawyers will fight for your right to recover the highest settlement available for your claim.
If you are ready to speak with a recall lawyer that can help you with your class action claim or with filing your product liability claim independently, do not hesitate to contact Downtown L.A. Law Group today. Here at our law firm, we offer free case evaluations – including free initial consultations and free second opinions. If you are ready to speak with our lawyers that are filing lawsuits against Compass Health Brands for their Carex bed rail recall, do not hesitate to contact our experts today.