Two year old Serenity Bergey was found dead in September of 2007, her head wedged between the mattress and the drop railing of her broken Simplicity brand crib. Two days later, the United States government issued a recall of nearly 1 million cribs; several other children were already believed to have been asphyxiated by defective drop-sided cribs made by Simplicity, Inc.
Even though Serenity’s death was ruled an accident at the time, Florida detectives never believed that her death was accidental. The child’s home was dirty and full of drug paraphernalia, and her supposedly defective crib was broken and held together by duct tape. In 2008, detectives sought to charge the girl’s mother, Connie Bergey, with aggravated manslaughter charges, but prosecutors declined to take the case due to the lack of evidence. Now a witness has come forward with new information that is allowing detectives to pursue criminal charges against Serenity’s mother.
Ms. Bergey’s lawyers have denied that she did anything wrong. Ms. Bergey is suing Simplicty, Inc., which has gone out of business, and Wal-Mart, where she purchased the crib. Read more about the recall of Simplicty cribs and the death of Serenity Bergey at Investigation reopened into toddler death that led to crib recall.
If your child has been injured by a defective product, please contact our law firm for child injury legal counsel.