A grieving mother has filed a wrongful death lawsuit, saying teething necklaces that are meant to alleviate pain caused her 1-year-old son’s death. According to a CBS news report, Deacon Morin was found dead in December 2016 after a necklace he was wearing tightened around his neck and did not release. His mother, Danielle Morin, received the necklace as a gift from a close friend who bought it on Etsy.com. The online receipt describes the product as a “Baltic amber teething necklace for your baby.” The necklaces are still being sold on Etsy.
Morin has filed a lawsuit, saying Etsy is liable for Deacon’s death. The lawsuit also names the Lithuanian company that manufactured the necklace. The lawsuit states that baby necklaces should have a releasing safety clasp so that it releases if there is any pulling on them. The necklace purchased on Etsy had a screw-on clasp that could not be released. Etsy says on its website that it doesn’t make any warranties about the quality, safety, or even legality of the products sold in its online marketplace.
FDA’s Warning on Teething Jewelry
The U.S. Food and Drug Administration (FDA) has warned parents against purchasing teething jewelry, including necklaces or items that work around ankles or wrists. The agency says on its website that this type of jewelry poses the risk of choking, strangulation, oral injuries, and infection. Choking can occur if the jewelry breaks and a small bead gets into the child’s throat or airway.
Strangulation can happen if a necklace is wrapped too tightly around the child’s neck or if the necklace catches an object, such as a crib. In addition, amber teething necklaces contain a substance called succinic acid, which may be released into an infant’s bloodstream in unknown quantities. Manufacturers claim that succinic acid acts as an anti-inflammatory and relieves teething-related pain. But, the FDA has not evaluated these claims for safety or effectiveness and recommends that parents and caregivers not use these products.
Product manufacturers and retailers (online or retail stores) must manufacture and sell safe consumer products. You might be able to hold the manufacturer and seller accountable if your child has suffered harm due to one of these or other hazardous and defective products. An experienced product defect attorney will be able to provide you with more information about pursuing your legal rights.
Source: https://philadelphia.cbslocal.com/2019/05/07/mother-alleges-in-lawsuit-teething-necklace-bought-on-etsy-strangled-baby-boy/
