Manufacturers recall their products for a variety of reasons. It might be due to a design flaw that makes the item dangerous or the product used the wrong labels.
But sometimes, manufacturers recall a product for something that happened during manufacturing, making their normally safe goods unsafe.
Mattress company FXI has recalled about 48,000 Novaform beds because they can contain molds that are hazardous to those with damaged lungs, compromised immune systems or mold allergies. According to a notice from the U.S. Consumer Product Safety Commission (CPSC), over 500 customers reported mold on their mattresses.
It’s believed the mattresses were exposed to water sometime during manufacturing, inviting moisture into the foam, which led to mold growth.
There have been no injuries reported that were related to the mold growth. Costco stores exclusively sold the mattresses between January 2023 and June 2023.
How dangerous is mold growth?
The health risks of mold growth can vary per person. For some, the spores released by molds can lead to stuffy noses, sore throats, coughing or even skin rashes.
In the worst cases, molds can trigger asthma attacks. Those who have mold allergies can experience severe reactions. People with lung disease could catch infections from inhaling mold spores.
Filing a product liability lawsuit
Consumers normally sue manufacturers for a defective design that causes harm. Still, you can also file a product liability lawsuit for a dangerous product flaw that occurred sometime during its manufacturing, such as the moisture-induced mold growth in Novaform mattresses.
In a lawsuit claiming a manufacturing defect, you’ll have to show that the product’s manufacturing defect differs from the manufacturer’s intended design or veers from the design found in similar items on the same production line.
You’ll need expert witnesses who can testify to the item’s dangers to prove all these things in court. Legal counsel may be able to help with building your case and securing these experts.