Mary of Smyrna GA
When my baby Joanie was able to climb out of the crib we purchased a Cosco youth bed from Service Merchandise. Shortly after the purchase I had laid my daughter down for a nap. While playing in her room she got hung on the bars of her bed.
I dialed 911 and they ended up sending her to Vermont hospital. My daughter suffered for 3 days on life support. She was totally brain dead from the lack of oxygen. The doctors said this situation wasnt going to get any better only worse and none of the medicine or machines could bring her back.
We agreed that she had already gone to God so we agreed to have the life support turned off. We held the funeral in Plattsburgh NY and placed her in a mausoleum.
My husband and I ended up splitting up after this. We were very young and just couldnt get our act together. Shortly afterwards, I found I was pregnant with our son. I have been raising our son alone for 11 years now.
We sued Cosco (Defayette vs. Cosco) and received $100,000 minus taxes and lawyer fees. We each ended up getting $30,000. Its not about the money its about hurting a company. The United States Consumer Product Safety Commission sued Cosco for Gross Negligence and won winning a total of $875,000. We were unable to sue for more than $100,000 because in the state of NY, if you lose a child under the age of 18 you cant sue for more that $100,000 because you didnt lose any income. I think that is outrageous.
In the meantime I had moved to FL with my father. This state does not support that law but because NY had jurisdiction over the case we had to go by NY laws. Well since the US Consumer Product Safety Commission sued them with their little slap on the hand Cosco was told they had to put out safe products. Cosco and Safety First are produced through a Canadian company called Durell.
Mike Cosner at Dateline NBC had contacted me in the past to talk to me about Cosco. When my daughter died there were 50 babies already injured on that bed and the bed hadnt been pulled off the market yet, not until my daughter had gotten hurt and passed away. My lawyer called the recall number Cosco put out and the operator told him that there were already 50 babies injured. If they knew why did they do nothing?
Ill tell you why -- because they know the laws and they know they only have to put out a small amount for killing your child and make a bundle in the meantime. Right now there are swings and a very dangerous car seat out with over 43 deaths and lawsuits pending. If a company knowingly puts out a product which is cheaply and very dangerously made and they kill your child and they know all they have to do is pay lawyer cost and a $100,000 they are going to continue because that is chump change when they made a million on the product, and are continuing to do so.
I think its outrageous that you cant sue for more than that because your child didnt contribute an income. Children are supposed to be our future and we are the ones that put in child labor laws, so they can be educated and help this country when they do become adults, something needs to give. This law needs to change and it needs to be done now.
I already lost my daughter. I don't want to see other people's children injured or killed.
