Chicago Tribune
September 25, 2007 Tuesday

Class-action lawsuit filed over recalled cribs: Class-action lawsuit filed over recalled cribs
Maurice Possley

Sep. 25--A Hanover Park woman who purchased a crib from Simplicity Inc. that is part of the largest recall of full-size cribs ever in the U.S. went to court Monday seeking damages for owners of the cribs.

Amber Spitzer, whose 1-year-old daughter, Briana, had been sleeping in a Simplicity crib, said: "My daughter is my life, and I would do anything to protect her and I know that there are millions of parents out there that feel the same way. So if the government won't protect our children, then I will."

The class-action lawsuit was filed in Minneapolis against Simplicity as well as Target Corp., the company from which Spitzer bought the Aspen 4 in 1 crib for her daughter in April 2006. Also named as a defendant was Graco Children's Products Inc., the company that licensed its name to Simplicity for some of the cribs that were recalled.

Representatives for Simplicity and Graco declined to comment because the lawsuit was just filed. Efforts to reach Target were unsuccessful.

On Friday, the Consumer Product Safety Commission, prompted by a Tribune investigation, issued a recall of 1 million Simplicity cribs, including the Aspen 4 in 1, that were sold from 1998 until May 2007. Three babies died, seven were trapped and there were 55 other incidents -- all related to a design flaw and hardware failure involving separation of the cribs' drop rail from the frame. The recall advises consumers to contact Simplicity for a repair kit.

The suit was filed by Charles Kelly, a San Francisco attorney who had represented the family of a 9-month-old California boy who died in a Simplicity crib in April 2005.

"The recall is grossly inadequate and irresponsible," Kelly said Monday. "Simplicity should be required to tell consumers to dismantle their crib, and return it for a full refund.

Kelly also said he sent letters to members of Congress asking for hearings into why more than two years elapsed between the first death in one of these cribs and Friday's recall.