Child suffocated after falling between mattress, railing
By SEAN O’SULLIVAN, The News Journal
Thursday, January 4, 2007
Originally published at DelawareOnline.com
© 2007 The News Journal
Reprinted by permission
WILMINGTON — An Ohio bed manufacturer has settled a federal wrongful-death claim with a second Delaware family.
A stipulation of dismissal, signed by both sides, was filed in U.S. District Court just before the holiday weekend.
According to the one-sentence document, the terms were reached in November. No details were disclosed and attorneys for both the now-defunct Vail Products Inc. and the plaintiff, Anna Murray, declined comment Wednesday, citing a confidentiality agreement.
The lawsuit was filed in January 2006 by the Middletown mother.
She claimed to have purchased an enclosed bed in October 2002 for her special-needs son, David Malone. The 8-year-old could not walk or talk, but kicked his legs while he slept.
On the morning of May 8, 2003, the child was found dead.
“He had fallen between the mattress and the railing, suffocated and died,” according to the lawsuit.
The Murray suit was at least the fifth one filed against the Vail company, alleging this kind of death, including a February 2005 lawsuit from the Flick family of Bear. (more…)