Modera Pack N Play Mattress Suffocation and Entrapment Wrongful Death Lawsuit Lawyers

Parents Urged to Stop Using Modera Portable Crib Pads Immediately After Safety Recall of 15,000 Units Linked to Federal Crib Mattress Violations

Portable crib mattresses are marketed as a safe solution for babies and toddlers needing rest while away from their regular crib. However, a recent federal safety recall has parents across the country scrambling to inspect their nurseries. Modera’s popular dual-sided Organic Cotton Pack N Play mattresses have been pulled from the market after federal regulators found the product violates the mandatory safety standards for crib mattresses, posing a serious risk of suffocation, entrapment, and even death.

Although no injuries have been reported yet, regulators have issued a clear warning: these mattresses do not fit properly in many play yards, increasing the risk that infants will become trapped between the mattress edge and the enclosure sides. In such cases, infants may suffocate if their face is pressed against a gap or soft padding, leading to fatal outcomes.

The U.S. Consumer Product Safety Commission (CPSC) has mandated an immediate stop to the use of the product. Parents are eligible for a full refund by following the recall process, but those whose children were harmed may also have grounds for a legal claim.

Overview of the Modera Mattress Recall

On October 30, 2025, the CPSC announced a national recall of approximately 15,000 Modera Organic Cotton Pack N Play Mattress units. These products were manufactured in China and sold under the Modera brand by ABL Group, Inc. (also doing business as Upperluxe and Modera Store), based in Brick, New Jersey.

The mattresses were sold exclusively on Amazon between April 2024 and June 2025 for $30 to $44. The affected products were available in multiple colors — white, pink, blue, and gray — and are labeled “Modera baby.” They are dual-sided for infant and toddler use, with dimensions of 38 inches long, 26 inches wide, and 1.5 inches thick.

The issue involves improper sizing for many play yards, leading to dangerous gaps that do not comply with federal safety regulations for crib mattresses. These gaps can trap an infant’s body or head and block breathing, especially if the infant rolls into a compromised position during sleep.

Why Entrapment and Suffocation Are So Dangerous in Infants

Infants under 12 months of age are especially vulnerable to positional asphyxia — a condition in which the baby’s position prevents normal breathing. Because babies lack the strength or mobility to free themselves from a wedged or rolled position, even small gaps between a mattress and crib wall can turn deadly.

Key risk factors for suffocation and entrapment include:

• Improper mattress fit, leaving dangerous gaps between the edges and the play yard frame
• Extra padding or aftermarket additions that introduce softness or airflow obstructions
• Face-down sleeping positions that limit oxygen intake
• Lack of supervision during sleep

Federal standards require that crib mattresses meet strict dimensional tolerances. This helps ensure that there are no significant gaps between the mattress and play yard or crib walls. Modera’s recalled mattresses failed to meet this standard, putting children at risk of becoming stuck or suffocated.

What the Recall Means for Parents and Caregivers

If you purchased a Modera mattress, the CPSC and Modera have instructed that you stop using it immediately. Do not place it in any play yard or crib, regardless of fit. Even if the mattress seems to fit well, the inconsistency in sizing has been determined to violate safety standards.

Refund Instructions:

Parents can receive a full refund by registering at https://moderababy.com/recall and following the company’s disposal instructions. Customers will need to provide basic information and may be asked to submit photos of the destroyed mattress to confirm participation.

If your child was injured while using this mattress — even if you didn’t realize it was the cause at the time — you may be eligible for more than just a refund. Injuries involving suffocation, oxygen deprivation, or positional entrapment can have permanent consequences, and families may be entitled to file a product liability lawsuit.

Legal Grounds for Filing a Crib Mattress Lawsuit

When a product violates federal safety standards and puts children in harm’s way, the manufacturer and distributor can be held legally responsible for resulting injuries or deaths. Possible legal claims related to the Modera mattress recall include:

Product Liability

Manufacturers can be sued when a product is defective in design, manufacture, or warnings. In this case, the product was sold despite failing to comply with mandatory crib mattress sizing requirements. Selling non-compliant products creates strict liability for resulting harm.

Negligence

If the importer or distributor failed to properly test or ensure the mattress complied with U.S. safety standards, they may be liable for negligence in marketing or distributing an unsafe product.

Wrongful Death

If an infant died as a result of suffocation or positional asphyxia linked to the use of the recalled Modera mattress, surviving family members may file a wrongful death claim to recover damages for funeral costs, emotional trauma, and future lost support.

Consumer Fraud

In some jurisdictions, misleading claims about the safety or suitability of a product for infant use may also violate consumer protection laws.

What Compensation May Be Available?

If your child suffered an injury, or worse, after using a recalled Modera Pack N Play mattress, compensation may be available through a civil lawsuit. Potential damages include:

• Medical Expenses: Hospital stays, emergency care, long-term therapy, or developmental evaluations
• Pain and Suffering: Physical and emotional pain experienced by the child and family
• Future Care Needs: For children with long-term injuries or disabilities resulting from oxygen deprivation or trauma
• Funeral and Burial Costs: In cases of wrongful death
• Punitive Damages: In cases where willful disregard for safety is proven

Each case depends on the individual facts and injuries involved. Early legal consultation can help families document potential claims before time limits expire.

Safety Tips for Play Yard Mattress Use Moving Forward

Whether you use a Pack N Play, play yard, or portable crib, parents should follow these critical safety tips:

• Only use mattresses approved by the play yard manufacturer because aftermarket additions can be a danger
• Always check fit: The mattress should fit snugly with no gaps between the edges and the play yard walls
• Avoid soft bedding or pillows
• Lay the baby on their back to sleep
• Inspect the play yard and mattress for wear or damage regularly
• Register your baby products to receive recall notices in the future

Your child’s sleep surface should be firm, flat, and properly sized to reduce suffocation hazards.

Modera Crib Mattress Lawsuit FAQs

Why is the Modera mattress being recalled?

The mattress violates the mandatory federal safety standard for crib mattresses. It may not fit properly in many play yards, creating a dangerous gap that poses an entrapment and suffocation risk for infants.

How many units were recalled?

Approximately 15,000 units sold on Amazon between April 2024 and June 2025 are included in the recall.

What injuries are linked to this product?

No injuries have been reported yet, but the defect has the potential to cause serious injury or death from entrapment and suffocation, particularly among infants who cannot reposition themselves during sleep.

What should I do if I have one of these mattresses?

Stop using it immediately and register for a refund at moderababy.com/recall. You will receive instructions on how to dispose of the product.

Can I sue even if there’s no recall injury yet?

You can consult a law firm to evaluate if your child showed signs of breathing difficulty, needed medical attention, or had unexplained sleep incidents while using the mattress. If harm occurred, you may be eligible to file a claim.

What if my child died while using a similar mattress?

If a child’s death may have involved positional asphyxia, oxygen deprivation, or suffocation during sleep in a Pack N Play, even prior to the recall, legal investigation may still be warranted.

How much does it cost to talk to a lawyer?

Parker Waichman LLP offers a free consultation and does not charge upfront. Legal fees are collected only if your case is successful.

How long do I have to file a claim?

Every state has time limits for filing product liability or wrongful death lawsuits. Prompt consultation ensures your legal rights are protected.

Contact Parker Waichman LLP For A Free Case Review

If your child was injured, suffocated, or died while using a Pack N Play or portable crib mattress, including a recalled Modera mattress, legal action may be available to secure justice and compensation. Parker Waichman LLP is a national personal injury law firm investigating claims related to crib mattress defects and infant safety hazards.

Call 1-800-YOUR-LAWYER (1-800-968-7529) for a free, confidential consultation. We will review your situation and explain your legal options. No fees unless we win your case. Regardless of your location or where your injury occurred, our nationwide product injury law firm is ready to assist you.