Mother’s suit alleges bed killed her son
Manufacturer settled with another Del. family in Sept.
By SEAN O’SULLIVAN
The News Journal
01/28/2006
Originally published at DelawareOnline.com
© 2006 The News Journal
Reprinted by permission
WILMINGTON — A second Delaware family has filed suit charging that a bed designed to protect special-needs children while they slept killed one.
The lawsuit filed in federal court this week by Anna Murray of Middletown against Vail Products Inc. of Ohio mirrors a lawsuit filed last year by the Flick family of Bear. The Murray suit is at least the fifth federal wrongful-death suit that has been brought against the now-defunct company.
According to Murray’s lawsuit, she purchased an enclosed Vail bed in October 2002 for her 8-year-old son, David Malone, who could not walk or talk, and kicked his legs while he slept. Someone at the special-needs school Malone attended recommended a Vail bed to the family.
“He had fallen between the mattress and the railing, suffocated and died,” according to the suit.
The facts of the case are nearly the same as in the Flick case, and closely match three other federal lawsuits filed across the country.
The Flicks bought a Vail bed for their daughter Victoria in 2000, to protect against her falling out of bed. Victoria Flick, like David Malone, suffered from cerebral palsy. (more…)