A family saw their product liability lawsuit against Maclaren USA come to a screeching halt after the company entered bankruptcy proceedings--but not for long.
The Bankruptcy Code stops pending lawsuits against a company in Chapter 7 or 11, during reorganization, but the U.S. Bankruptcy Court granted an exemption from that rule to Kaylani Spieckerman and her mother, Tanuja Karunakar. The court did this so the family could “seek and attempt to recover damages to the extent of applicable insurance coverage.”
Spieckerman’s family claims that on October 5, 2009, the Maclaren Triumph Canopy Stroller amputated the top part of one of the 15-month-old toddler’s fingers. They claim this caused the child to have surgery and permanent disfigurement as well as emotional distress, according to the Wall Street Journal.
The product liability lawsuit claims that Maclaren received complaints about finger amputations before Spieckerman’s incidents, yet failed to issue any warnings.
In 2009, the company issued a stroller recall for a million defective strollers after the hinges cut off the fingers of 12 children.