Itched until I bled at night almost every single night. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. They purchased a modestly priced mattress and glass fibers released from it which caused them to suffer personal injuries and property damage, Radcliffe wrote. Its extremely rewarding. Save hundreds on our top-rated mattresses! The main difference with Zinus and their mattresses is the presence of the zipper. The medical bills cost her nearly $20,000 in damages, including medical bills, she alleges. Protected by Google ReCAPTCHA. We bought 2 Zinus mattresses, how do we go about joining? I eventually had to get inhaler, but I didn't know why until I realized there was a lawsuit on the mattress and then it was leaking fiberglass. See The #1 Mattress of 2023. The case is awaiting class certification approval. Hence, it is a reasonable inference that the complaints received were from buyers who alleged personal injury or property damage, he wrote. This suit was amended in April 2021, to include Vanessa Gutierrez. Next step: Read our Nolah mattress review. Zinus class action lawsuit : r/Mattress - Reddit But the health issues that can be encountered as a result of fiberglass exposure can perhaps be even more vexing. Is it possible to file a claim against Zinus? Similarly, Zinus opted for using fiberglass as a cheap and effective fire resistant. They both spent over $20,000 on property damage and professional remediation services, and they both bought mattresses for their children. These are small glass fibers that are extremely messy and hard to clean up, and they can obviously be very damaging to both your health and your property. To protect the internal fire barrier, customers should not remove the outer mattress cover. The Consumer Product Safety Commission has found that this type of material is not considered hazardous, and various regulatory agencies and authoritative scientific bodies have concluded that exposure to this type of material does not pose a risk of chronic health effects. Things that void the warranty include:being the second ownernot having proof of purchaseremoving mattress tagsaltering the mattressremoving the outer mattress coverThe Zinus warranty covers defects in workmanship and materials and you need to register your mattress on their website. The lawsuit is currently awaiting the approval of class certification. The plaintiff said that unzipping the cover led to the spread of fiberglass. Zinus has not been accused of selling dangerous products for the first time. Zinus provides quality products to our customers, and we take all customer feedback very seriously. She removed the cover to wash it. ASMR Video Creators Claim They Can Put You to Sleep In Less Than 10 Minutes, But What Do Experts Say? Zinus Class Action Says Mattress Leaked Glass Fibers TheEnvironmental Litigation Group(ELG), a law firm based out of Birmingham, Alabama, helps victims of toxic exposure. Some of these injuries can be permanent, and lung damage, especially in the time of the COVID-19 pandemic, can be especially serious and result in extraordinarily costly medical bills.. Your email address will not be published. Let's leave it to our team for more revelations below: The Most Recent Zinus Mattress Lawsuit - Fiberglass Accusations I have never ever unzipped the mattress case, yet small shards of fiberglass managed to leak out of the mattress. status of any class action settlement claim. document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); @2023 Top Class Actions. Where: The class action was filed in a California federal court. We have over 200 plaintiffs in all 50 states and people are realizing theyre not alone on this.said Attorney Lloyd Cueto, with Cueto Law, who is also participating in the litigation. There are some health problems that associate with fiberglass in the Zinus mattress: While the Zinus mattress contains fiberglass, it encases in a sturdy material. Purchased Zinus green tea queen size mattress 8/22 the smell only grows stronger allergies and hives if try to sleep on with 2 under sheets and a Mattress cover. He said a tag on the product said, Do not remove cover, right next to a tag that said 62 percent glass fibers. Given how widely people in our society use zippers, attaching one to an object invites opening that object, the complaint reads. The mattresses come with instructions warning customers not to remove the outer mattress cover to protect the fire barrier inside, Zinus added in its response to CBS MoneyWatch. But we also understand the medical issues that are associated with fiberglass exposure as well, which can be equally, if not more costly. Privacy Policy | There were two lawsuits claiming that the mattress contained dangerous chemicals. Fiberglass is used because it acts as a cheap flame retardant. According to the. We all know someone whos passed away from cancer or who had some sort of illness that could have been caused by an environmental exposure, so it gives us a passion for serving our clients, being compassionate with them, and efficiently rectifying their case.. While fiberglass itself is not carcinogenic, it can causing cuts and irritation; when inhaled, it can cause serious lung issues such as scarring, coughing, bronchitis, asthma and more. Shards ended up in all of their clothes, blankets, carpets, in the HVAC system, and everywhere where you dont want them to be! There is no mention of fiberglass in the product description and it is only mentioned in some reviews from consumers. Sleep Cycle Calculator: Powered by Sleepytime, Imagining Fake Scenarios In Your Head Before Bed? Moreover, numerous news outlets have reported incidents in which dangerous glass fibers were released into consumers homes from the mattresses, causing extensive property damage andhealth problemsthat include skin irritation and respiratory issues. Last Updated on December 12, 2022 8:48 AM. ELG was founded in 1990 by Bill Lewis, a tax attorney whose steelworker father had passed away from mesothelioma caused by asbestos exposure; this inspired him to start a law firm that initially focused on asbestos-related cases, but soon ELG expanded to cover all a variety of toxic exposure-related cases. If fiberglass becomes recognized as a health hazard by authorities and if lawmakers legislate its use in a much better way than it is now, Zinus and all other mattress companies will have to take action and make their mattresses safer. 2022 CBS Interactive Inc. All Rights Reserved. Latex and innerspring mattresses have different lifespans. Texas governor defies federal threat to sue over floating border barriers, Police use excavator to dig up backyard of suspect in New York killings, Former gynecologist to be sentenced to 20 years for abuse of patients, Israeli parliament approves key part of judicial overhaul amid protests, Police in Ohio release K-9 dog onto Black man apparently surrendering, Extreme heat, air pollution may double risk of heart attack death, study finds, Russia warns of retaliatory measures after Ukraine claims attack on Moscow, Arkansas man who beat officer with flagpole during riot sentenced, Coast Guard searching for cruise ship passenger who went overboard, More than 2 million infant swings and rockers recalled. Factors such as firmness level and sleeping position can make one type of mattress more suitable for your needs. You can also find them in Walmart, Target, or many other places. Guiterrez is now the lead plaintiff in a class action lawsuit filed in Sacramento this July against the manufacturer of the mattress, Zinus. The case also looks to cover any adults or minors in the United States who were injured by glass fibers from an affected Zinus mattress, and anyone who suffered personal or real estate property damage from glass fibers from an affected mattress. If the outer cover remains intact, then the exposure to fiberglass particles is expected to be minimal," the agency told CBS MoneyWatch in an email. 2023 - The Published Reporter. Moreover, once glass fibers are released into a home, they can cause extensive property damage, the lawsuit says. Copyright 2020 The Schmidt Firm, PLLC. Because of its health hazards, a class action lawsuit was filed against Zinus and the various suppliers. Yes, says Dior, Fifth District affirms O'Gara in forgery case involving East St. Louis Township consultant. Once exposed to the outside environment, the fibers can quickly travel throughout the users home, the filing says. May 18, 2021 Zinus Inc. has been hit by a class action lawsuit after people were injured when their Zinus mattress released fiberglass into their homes. your claim status, claim form or questions about when payments are Amazon's bestselling mattress is a health hazard, lawsuit claims The plaintiff says the mattress can release fiberglass fibers which can harm users. Magnuson-Moss Warranty Act California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act, New to ClassAction.org? Bestselling Zinus Mattress is an Alleged Health Hazard, Lawsuit Claims Theres a Reason You Do This. Fiberglass can be potentially harmful, but thats only if youre directly exposed to it. I had zinus mattress for about four years. / MoneyWatch. Having suffered from any injury or loss due to the fiberglass content in the mattress, you can join the lawsuit. Fiberglass Mattress Lawsuit- Claims & Exposure - The Lovely Law Firm Duis cursus, mi quis viverra ornare. . Thousands of people were harmed by their mattresses and a lot of these cases happened after people unknowingly removed the outer cover, but many witnessed fiberglass leaks without ever tampering with the mattress. The lawsuit states the mattress contained a removable outer cover equipped with a zipper. Even though their mattresses contain 62% fiberglass, Zinus fails to warn people not to remove the outer cover (from what we can find online).For mattresses with an outer cover removed, Zinus likely won't extent their warranty coverage. And in removing the cover, they were exposed to the fiberglass in the mattress. A lawsuit has been filed against the company Zinus, with plaintiffs claiming that the mattresses release glass fibers that are dangerous to health. In 2020, two lawsuits were filed against Zinus mattresses by its consumers. Top Class Actions is a legal news source How to make a trundle bed look like a couch, 15 Trundle Bed Bedroom Ideas for Kids and Adults. It may trigger other respiratory issues. Here's what to know. All Rights Reserved. While the zipper does say do not remove mattress cover, it does not specify why, she said. A recent. Other more expensive alternatives include cotton, wool, rayon, latex, and proprietary blends. Moreover, it should have warned customers about the risks. He claimed plaintiffs wrecked their own case for class treatment. 2.5 years after buying Zinus mattress. Need to replace. Where - Reddit As she said, The baby got the worst of it. Purple was also sued regarding claims about a type of powder that was used in their mattresses (not fiberglass-related). The class action lawsuit charges the company for not warning its consumers about fiberglass. settlement administrator or your attorney for any updates regarding The outer covers zipper can give consumers the impression that it is safe to remove for laundering. The fiberglass exposure left scars still visible on her four-year-old daughter's chest and calves, she told thepaper. According to the LAT, she was offered $1,000 for compensation by Zinus, which she declined. Please see our Terms of Service (earnings disclosure / ownership section). She moved to strike class allegations, which would nip a class action in the bud. Zinus Mattress Lawsuit (Compensation and Claims) | Sleepline Currently, the lawsuit is awaiting class certification, which means the court is deciding if a class action is the best way to manage all of the claims involved, or if they all need to be tried individually, which obviously would not be the most efficient way to handle this.. They are dark blue and the fiberglass is very visible. Is fiberglass in your mattress safe? Knoxville man joins nationwide lawsuit Gutierrez filed her own class action after a judge removed non-Illinois residents, including herself, from the lawsuit in 2021. However, the company has faced similar lawsuits and has always denied wrongdoing. Radcliffe responded to the motion to strike in June, stating hundreds of individuals across the U.S. contacted him to share the same tragic story. His responses showed Environmental Litigation Group of Birmingham, Alabama as plaintiff counsel, though the firm doesnt appear on the docket. Adults and minors who were injured by glass fibers were involved, and real estate property owners as well. consumers who bought the affected mattresses, individuals who suffered personal property damage. Ivy colleges favor rich kids, but middle-class students face obstacles, One winning ticket sold for $1.08 billion Powerball jackpot. Within this lawsuit its alleged the fiberglass fibers within the mattress can escape to cause health problems and environmental contamination. Cueto, Cueto, and Radcliffe amended it in April, to add 198 plaintiffs from 40 states suing under consumer laws of 33 states. He claimed Dugan lacked jurisdiction over 182 plaintiffs from other states. I think all of us have had family members or friends who have been victims of some sort of environmental exposure, whether we know about it or not. In response to the motion to dismiss, he wrote, Plaintiffs trusted Zinus because they could not have discovered the truth through reasonable inquiry. It was absolute hell I never even took the cover off. Thus, the tiny harmful particles of this material caused some serious issues. Attorney Lloyd Cueto, with Cueto Law from near St. Louis and lawyers with the Environmental Litigation Group from Birmingham refiled an amended version of the lawsuit in April against mattress. There are many similarities between their and Vanessas experience. Per the suit, it can cost thousands or even tens of thousands of dollars to clean a home thats been exposed to fiberglass, and residents are often required to leave until the home is professionally cleaned. Fiberglass is used because it acts as a cheap flame retardant. I called Zinus and they asked me to go back into the room and take pictures in the dark to prove that fiberglass was indeed present on the surface of the mattress. It does so to abide by the rules laid by the US. The "Zinus mattress lawsuit compensation" is a lawsuit that was filed against Zinus. Together, we're revolutionizing rest. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Despite the lawsuit, fiberglass remains a common fire retardant that many companies use. Subscribe today for the latest in snooze news, health content, and sleep tips! If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. As the fibers break down, they come out of the cover and become visible.Avoid Zinus at all costs and consider high-quality alternatives like the Saatva Classic.The Saatva Classic is an incredibly comfortable and reputable mattress with over 50k positive reviews. The lawsuit looks to represent anyone in the United States who purchased a mattress manufactured or sold by Zinus that contained glass fibers. When the mattress was uncovered, two boys jumped on the mattress in her sons bedroom. A Californian resident filed the lawsuit, claiming that Zinus violated state law by not disclosing the use of these chemicals. Innerspring mattresses, on the other hand, last around 7-10 years, with sagging being a common issue. Fiberglass is not (yet) considered hazardous and Zinus is confident that they will win in this pending lawsuit. There were evident marks of cuts on the plaintiffs daughters legs. This field is for validation purposes and should be left unchanged. Copyright 2023 Sleepopolis All Rights Reserved. The plaintiffs in the Zinus class action lawsuit, filed in March, claim that when the mattresses' outer cover is unzipped, large glass fibers spill out, causing injury as well as property damage. after attempts with the company to replace it- sending all documentation- they said they could not help us. Zinus has no problems with getting yet another person gets sick! Be extra cautious and invest in a high-quality mattress from a reputable brand. You can plead alternative theories, Cueto said. As a precaution, Zinus mattresses have started adding labels to their mattresses. Powered and implemented by FactSet. An example of data being processed may be a unique identifier stored in a cookie. However, it is still necessary to know about the potential hazards. Uterine cancer, often misdiagnosed in women who use hair relaxers. Women who developed cancer, endometriosis or reproductive problems after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action. If your mattress starts to sag or show other signs of wear and tear, it may release toxins into the air. Duncan notes that many of ELGs clients were forced to move out of their homes and many had to throw away all of their possessions due to fiberglass exposure from the Zinus mattresses. I bought a zinus in 2019 not knowing why I kept getting scratched help I didnt know or I wouldnt of bought. A California woman, Vanessa Gutierrez, is leading a class-action lawsuit against mattress-in-a-box company Zinus, specifically over their Green Tea Mattress. Dunn purchased the Zinus memory foam king-sized mattress for $360 in April 2018. Currently, theyre participating in an ongoing lawsuit against mattress manufacturer Zinus, whom they allege has negligently produced mattresses responsible for damage to both their customers health and property. To find out more about the Environmental Litigation Group, or to contact them if you feel youve been a victim a fiberglass exposure from a Zion mattress, please call 205-328-9200 or visithttps://www.elglaw.com. He said it was never a secret that fiberglass was used in the mattresses. After all, you dont put a zipper on something if you never want someone to remove it, especially when its harmful to their health.. While ELG will occasionally represent individual clients, they specialize in mass tort litigation and/or community exposure cases which typically involve groups of people; cases that affect real change in many peoples lives, Duncan said, which is the goal ELG that pursues each and every day. Fiberglass can be used as a flame-retardant in some products. Below is a partial list of the awards and recognition that the attorneys / lawyers at our law firm have been awarded with, as well as a list of professional memberships. Are Box Springs Necessary for a Bunk Bed? A Zinus spokesperson told the LA Times; A lawsuit and related misinformation campaign is misleading consumers about the type of mattress materials used to comply with fire regulations and protect our customers. Lawsuit Claims Amazon's Top-Selling Mattress a 'Health Hazard' According to the CDC, the tiny particles of glass harm the eyes, skin, and the lungs. The release of VOCs can trigger allergies and asthma. lawsuit against mattress manufacturer Zinus, CDC, the tiny particles of glass harm the eyes, skin, and the lungs, https://www.classaction.org/media/chandler-et-al-v-amazon-com-llc-et-al.pdf. Zinus counsel Natalie Kussart of Sandberg Phoenix in St. Louis moved to dismiss the complaint last August. One of the plaintiffs removed the outer cover on her Zinus mattress to clean it in January 2020. These can include things like flame retardants, formaldehyde, and other chemicals. The defect lies in the presence of a zipper on the outer cover of the mattress, which was not accompanied by any warning against its removal for laundry purposes. Glass fibers can also escape when a consumer removes a mattresss outer cover, which has a zipper that invit[es] the user to remove it, the lawsuit says. For all these reasons, we look forward to defending the composition and construction of our products in court, should that be necessary, and are confident we will prevail.. A class-action lawsuit is a legal action by one or more individuals on account of a larger number of people. in Illinois. Gutierrez is seeking recovery of damages related to her claims. We and our partners use cookies to Store and/or access information on a device. One of Amazon's bestselling products is a health hazard, alleges a proposed class-action lawsuit against Zinus, the maker of a popular and inexpensive "Green Tea Mattress" sold by retailers nationwide. Christopher Cueto said, Mrs. Fiberglass inside a mattress is okay if it stays in, he says, but if it gets out, it can wreak havoc on your house and your health.. I thought she was overactive, but it was because she was feeling the burning It looked like little paper cuts all over the back of her legs.@media(min-width:0px){#div-gpt-ad-sleepline_com-large-leaderboard-2-0-asloaded{max-width:250px!important;max-height:250px!important;}}if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'sleepline_com-large-leaderboard-2','ezslot_3',659,'0','0'])};__ez_fad_position('div-gpt-ad-sleepline_com-large-leaderboard-2-0'); The legal reasons for filing this lawsuit include: The Zinus mattresses now come with locked zippers and an additional sewn-in label that informs customers not to remove the protective outer cover. Material allegedly used for fire-retardant sleeve. In this article, well do a deep dive on the Zinus mattress lawsuit and see if we can find information about the outcome. At times we are compensated for the links you click at no cost to you. While using fiberglass in this manner is not unheard of in the mattress industry, the issue with the Zinus mattresses involves a mattress cover that, if removed, can result in exposure and the spreading of fiberglass matter throughout a customers home. Some reviewers on Amazon's website warned other customers not to unzip the outer mattress cover. "Most consumer complaints about fiberglass being released from mattresses that have been reviewed by staff involved the outer cover being removed or damaged. Zinus Mattress Lawsuit? - [Solved] Removing the mattress cover could jeopardize that system. Before commenting, please review our comment policy. Our Top Pick The Saatva Mattress is our #1 researched and reviewed mattress in 2023. beating 523 other models! Zinus mattresses are popular "bed-in-a-box" products sold by major retailers and have been recently hit by a class-action lawsuit after people were injured when their mattresses released. We cant call them safe, despite the fact that they are made according to all federal standards and that fiberglass is not considered hazardous by the Consumer Product Safety Commission. Duncan, despite only practicing law since April of 2021, nonetheless already holds an impressive degree of experience in the field. The minute particles have spread across their entire home, they contaminate everything. They named retailers Wal-Mart, Target, Amazon, Ebay, and Wayfair as defendants too, but dropped those claims by amending the complaint in June 2020. Zinus has a 10-year limited warranty that applies to all mattresses purchased as new from authorized retailers. This site participates in the Amazon Associate program and earns revenue from qualifying purchases (links to books or products). , since 2007 mattresses are required to meet federal safety standards for open-flame fire resistance. For polyfoam and memory foam, the denser the material is, the longer it will last. The glass fibers attach to essentially anything they touch. California Woman Claims Amazon's Bestselling Mattress is a Public The high prevalence of ovarian cancer misdiagnosis among women who use hair relaxers. Not all memory foam mattresses have fiberglass. Same thing happened. Clicking anything on this site including individual links, images, events, banners (even ads that appear to be content) could result in payment to, or a commission being earned by The Published Reporter. If you happen to go to their warranty policy page, youll finally be able to find one sentence that mentions fiberglass, and its in the part that explains how your warranty will be void if you remove the outer mattress cover: Removal of the cover will expose the protective fire barrier and may cause exposure to glass fiber..