Hanover Park woman sues over crib recall

A Chicago-area woman who bought a crib that was later part of a major recall has sued its maker, Simplicity, and retailer Target.

The lawsuit, filed Monday in federal court in Minneapolis, seeks class-action status.

According to the lawsuit, Amber Spitzer of Hanover Park bought a Simplicity Aspen 4-in-1 crib for her daughter, Brianna, at a Target store in April 2006. The lawsuit does not allege the 1-year-old was hurt but says she could have been.

"She is disgusted by the recall announced Friday," said Charles Kelly, Spitzer's attorney, on why she contacted him about filing a class action lawsuit.

The recall advises consumers to contact Simplicity for repair kits.

"They are ripping off consumers," Kelly said. "We want them to refund the purchase price so people can get a real safe bed for their children."

On Friday, the Consumer Product Safety Commission recalled 1 million Simplicity cribs, including the Aspen 4-in-1. Three babies have died, seven have been trapped and 55 other incidents have been linked to a design flaw that can open up a gap between the cribs' drop rail and the frame if consumers accidentally install the drop-rail side upside down, the agency said.

Kelly, a San Francisco attorney, represented the family of 9-month-old Liam Johns of Roseville, Calif., who died in a Simplicity crib in 2005. That case was settled out of court.

"The crib manufacturers have known for several years that these cribs contained fatal flaws," Kelly said in a statement. "These companies have blatantly put profit above the health and safety of sleeping infants; enough is enough."

Among other things, the lawsuit seeks full refunds for families who purchased the recalled cribs, as well as unspecified compensatory and punitive damages.

Simplicity, of Reading, Pa., manufactured all the recalled cribs. They were sold under the Simplicity or Graco brands by several retailers from January 1998 through May 2007.

Simplicity spokesman Joe Householder said Tuesday the company will respond to the lawsuit later.

"Every ounce of energy at the company is focused on working through the recall and getting the retrofit equipment out to the people who requested it as soon as possible," he said.

Lena Michaud, a spokeswoman for Minneapolis-based Target, said the company had no immediate comment.