JOHNSTOWN – An Altoona couple claim a device created to assist babies in sleeping instead caused the death of their three-month-old son from Sudden Infant Death Syndrome due to the product’s inherent defects.
Tanya McCartney and Mark Montgomery III (individually and as Administrators of the Estate of Kaidon A. Montgomery) of Altoona first filed suit in the U.S. District Court for the Western District of Pennsylvania on Sept. 17 versus Kids2, Inc. (formerly known as “Kids II, Inc.) and Kids2, Inc. (doing business as and also known as “Ingenuity”) of Atlanta, Ga.
On Dec. 30, 2019, McCartney gave birth to her child, Kaidon A. Montgomery. At all times, plaintiffs owned and possessed a product known as the “Ingenuity Automatic Bouncer” inclined sleeper device.
The suit alleges that the product, and the class of products known as infant-inclined sleepers or bouncers, are “defective, dangerous and unsafe for infants as they were designed to place an infant in an unsafe position which interferes with an infant’s ability to breathe.”
The suit says that the product places children, such as plaintiff’s decedent, in a position where the child’s chin falls towards their chest and creates an asphyxiation/suffocation hazard, by the fact that the product’s incline, angle, and design prevents the child from rolling back onto the child’s back in the event that the child rolls onto its stomach in the product.
“The plaintiff’s decedent, Kaidon Montgomery, was the child of plaintiffs, Tanya McCartney and Mark Montgomery III. On April 3, 2020, plaintiffs were residing at their residence located at 104 Howard Avenue, Altoona, Pennsylvania, 16601, along with their son Kaidon,” the suit says.
“The morning of April 3, 2020, plaintiffs woke up to feed their child, Kaidon. During this time, Kaidon was smiling and laughing. After feeding him, plaintiffs placed Kaidon in the product.”
On the morning of April 3, 2020, Kaidon was placed in the product and was then discovered unresponsive by plaintiffs. At this time, Kaidon was limp, and his head was turned to one side in the product. Upon discovering her son Kaidon non-responsive, Tanya McCartney contacted 911 and the 911 operator/dispatcher instructed her to start CPR, which she did.
McCartney attempted CPR on her son Kaidon until EMS responded to the plaintiffs’ apartment. Upon arrival, EMS was unable to find a pulse and Kaidon was declared deceased.
“Defendants recklessly and consciously disregarded the safety, health and lives of babies in their decisions with respect to the design and distribution of the product despite knowing and appreciating the risk of harm, including death to babies and infants, that resulted from their decisions and disregard as pled throughout this complaint. The plaintiff’s decedent died as a result of the negligence, carelessness, wanton and reckless conduct of the defendants and the sale and distribution of the defective and dangerous product which was not safe for its intended and foreseeable use,” the suit states.
“As a direct and proximate result and cause of the defective and unreasonably dangerous product, and the defendants’ negligence, carelessness, recklessness, breach of warranties, and willful and wanton conduct, plaintiff’s decedent asphyxiated and died.”
For multiple counts of strict liability, breach of warranty of implied merchantability, breach of implied warranty of fitness for a particular purpose, breach of express warranty, negligence, fraud, negligent infliction of emotional distress, survival and wrongful death, the plaintiffs are seeking in excess of $75,000 in compensatory damages, punitive damages, delay damages, costs and such other further relief the Court shall deem appropriate.
The plaintiffs are represented by Thomas E. Bosworth of Kline & Specter, in Philadelphia.
The defendants have not yet secured legal counsel.
U.S. District Court for the Western District of Pennsylvania case 3:21-cv-00166
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com