The Amby debate continues: company denies defect allegations, mother responds
Categories: Money & Work, Safety, Media
Based on our previous post about safety concerns raised by parents regarding the Amby Baby Motion Bed, Amby has sent us a revised statement. The company denies the claims made by some that metal shavings can come free of the bed's spring coil, and potentially fall into a child's eyes.
In its statement (which we've included in full in the extended entry), Amby says it "is committed to enhancing the lives of infants and parents". It also claims that it investigated the claims made by a message board poster who says she took her child to the emergency room because of the flaking, "and found them to be unverifiable".
That comes as a surprise to the poster, Tracy Berryman of Tennessee, who put her story on the Baby Wearer forums in March, and who now claims that the company is attempting to defame and discredit her. Blogging Baby spoke with Berryman both over email and telephone this week to get her side of the story. She told us that when she first reported this issue to the company, Amby was sincere and apologetic - offering not only to fix the alleged defect, but also to pay her medical expenses. Then, she says, without warning, she was dealing with a different Amby: one who communicated through cease and desist orders, and threatened her with lawsuits for "defaming" the company.
The Amby Baby Motion Bed is loved by many parents. A quick search of the MotheringDotCommune forums reveals intense devotion to the product, which posters credit with giving their infants long and cozy naps - and the parents some much-needed free time. Indeed, several members of the Blogging Baby staff (including myself) own Amby beds, and are pleased with their performance.
Berryman said that she too "loved" her Amby bed - until the day she claims her son's eyes started watering and turning red.
Berryman said that she took her son to Vanderbilt Children's Hospital, where Dr. Denise John told her that a small metal obstruction had become lodged in her son's eye. When Berryman returned home, she looked around for what might have caused the injury. Eventually, her attention turned to the bed.
"When looking at the Amby bed I noticed signs of wear on the crossbar," she told Blogging Baby. "When I looked closer there were signs of wear on the eyebolt and spring as well. The eyebolt has grooves in it where the end of the spring rubs against it. The spring has areas of chrome plating missing where it comes in contact with the eyebolt. I discovered metal particles in both the actual hammock and the folds of the fabric that covers the cross bar."
Berryman believes that the particles fell into her son's eye when she adjusted the fabric over the crossbar. She communicated her suspicions to Amby. "At first," she said, "they were very nice. They had agreed to fix their product and offered to pay the medical bills associated with the injury." This was a great relief for the Berryman family, whose large insurance deductible left them paying for the entire treatment out of pocket.
But over time, she developed a suspicion that the company would not carry through. She claims that all of her communication with Amby USA up until that point had been with Amby Baby USA's CEO, Craig Patnode, over the phone. When she asked him if they could communicate through e-mail, she said, he refused.
Then last week, Berryman said, Amby sent her a letter making payment of her medical expenses dependent on signing a statement that the Amby Motion Bed was not the source of her son's injuries. The letter went on to say that, should she fail to sign the agreement and/or stop making this claim in Internet forums, Amby would pursue legal action against her.
"I am not accepting that 'offer'," Berryman wrote.
Berryman said that the company's new response prompted her to file a complaint with the Consumer Product Safety Commission this week. Blogging Baby has a pending Freedom of Information Request with the CPSC to review all such reports filed concerning this product. Since Amby is an Australian company, we also inquired with the Australian Competition and Consumer Commission (ACCC). Kerry Ashbolt, Assistant Director of the Product Safety Policy Section of the ACC, says that the Commission has received no complaints about the bed.
Weblogs Inc., the owner of Blogging Baby, received a cease and desist order from Amby last weekend calling our original posting about the alleged defect "defamatory", and demanding that the article "be removed with due alacrity". In that first letter, Amby stated that they had talked with the physician who had treated Berryman's son, and that "said physician was unable to confirm the existence of any 'metal shavings', let alone the source of the alleged shavings."
But Berryman said she spoke with Dr. John herself on Friday. "She said that she did in fact talk to [Amby's CEO], but that she had confirmed that the particles in his eyes were 'metallic in nature'. She has agreed to provide a written statement to that effect. She said that the medical report also states that the foreign bodies appeared to be metallic in nature." As Amby stated, however, there is no direct evidence tying the debris to their bed.
While Berryman is not aware of any other parents who have had to take their children to the
hospital because of the alleged defect, she said that she knows eight other parents who have noticed similar wear on
their beds. Once such parent is "DC" from North Carolina, who asked that we withhold her name. She sent photos to
Blogging Baby which she says show the end of the metal coil and the eye hook. In DC's photo (right), there is clear
metallic "wear" on the end of the spring, which she claims is from the spring rubbing against the eye.
Other Amby Motion Bed owners have not experienced this flaking. Fellow Blogging Baby contributor Keith McDuffee, who purchased a bed several months ago, says his appears to be flake-free. He has noticed, however, that the end of the spring is very close to the eye bolt, as others have claimed.
McDuffee also pointed out that a wider shot provided by DC (right) shows that
the eye hook's bolt is overtightened. In a follow-up interview, DC confirmed that the Amby Motion Bed assembly
instructions say 1/4" of the bolt should be left outside of the frame, and therefore her bolt is overtightened. It is
unclear, however, whether this would affect the alleged flaking problem.
As a happy Amby owner myself, I was curious whether my own bed showed these symptoms. It would appear not: as can be seen from the accompanying photo, the spring on my bed shows no sign of wear. Unlike DC's model, however, my model has a painted eye hook, and the hook shows considerable paint wear. Whether the paint rubbed off or flaked off - which could be a problem in itself - is not obvious.
Berryman has been posting her story about the Amby Bed on various parenting forums. In the past week, however, Berryman's posts - and all accompanying replies - have disappeared. Both TheBabyWearer.com and MotheringDotCommune have removed the threads started by Berryman. DC reports that when she attempted to post her pictures to MotheringDotCommune this week, they were immediately removed by an administrator.
MotheringDotCommune (operated by the popular parenting magazine Mothering) did not respond to inquiries as of Monday evening. Denby Angus of Baby Wearer replied that they are discussing the issue with their attorneys, Amby, and Mrs. Berryman, and will not comment publicly at this time.
In its second statement, received this weekend after lengthy telephone discussions between the company and Weblogs Inc., Amby announced that they have designed a spring cover, which is shipped with all new beds, and will be sent to existing customers upon request. Amby's statement, however, stresses that it only did this "so as to assure that the harm alleged by [Tracy Berryman] will never actually happen."
Berryman is not impressed. "The only sure way to prevent metal particles from being produced is to not have metal rubbing against metal. I have suggested this fix to Amby several times, but they are going ahead with the fabric sleeve."
For her part, Berryman says she isn't filing a lawsuit. "I just want them to make their product safe," she said.
Supporting documents for this story:
- First letter to Weblogs Inc. from Amby USA - page 1
- First letter to Weblogs Inc. from Amby USA - page 2
- Statement from Amby USA
Previous Blogging Baby articles on Amby:
- Swing your baby to sleep with the Amby Baby Motion Bed (3/20/2005; post unrelated to the allegations)
- Amby bed has metal shavings defect? (3/29/2005; first post reflecting allegations made on Internet forums)
- Amby Baby responds to message board safety allegations (5/13/2005; posted in response to first letter from Amby USA)
Blogging Baby is committed to providing a fair and objective public forum on this issue. If you have an Amby bed, we'd love to hear from you about whether your model does or does not exhibit the alleged defect. Please append URLs to photos of your bed in the comments of this article, or contact us about sending them through email.
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Reader Comments (Page 1 of 1)
emjaybee 12-18-2005 @ 6:37PM
I would like the Amby bed people to know that based on the good reviews, my husband and I were going to buy one of their products for our son, due in November. But after seeing them take such aggressive and punitive action against a consumer who had a complaint, we're going with a co-sleeper instead. Maybe if they focused on addressing the problem freely and openly instead of trying to take legal action against websites like this one, we would still consider buying their product. But now we know that they're more interested in legal battles than in helping their customers. That's a shame.
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AJ 12-18-2005 @ 6:37PM
In any situation, I am more inclined to believe a company than a single defect claim that has attached medical expenses. I *completely* trust the Consumer Product Safety Commission to handle this issue and figure out the truth.
I am a satisfied Amby owner. The company has produced a free spring cover that sounds like it fixes this issue (if such an issue exists). That's a responsive company. Kudos to Amby. Although my kid has outgrown her motion bed, I am requesting a cover because I plan to pass the bed along to the next family member who has a baby.
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AJ 12-18-2005 @ 6:37PM
P.S. I was initially repulsed when reading about the cease and desist letter. We hear about them all too often when a web site publishes uncomfortable information about a company. Can a company issue a cease and desist order and still be on the correct side of an issue? I think so.
I read the company's letters linked in the blog entry. The three letters from Amby USA bolstered my faith in the company. Both sides on this issue are saying very different things.
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Jen 12-18-2005 @ 6:37PM
Based on the reporting in this article, I have to say that my sympathies lie with Amby. I am sorry that Ms. Berryman's baby had something in his eye, and although there is a correlation between the Amby bed and something in the baby's eye, there is no irrefutable evidence.
I think Amby was not out of line in asking Ms. Berryman to sign that agreement saying that she did not hold Amby responsible for her son's medical problem. And I think they were very generous to offer to pay for the medical expenses. I agree with other commenters that one incident that does not have more conclusive cause and effect proof does not seem to indicate a widespread problem. Should more incidents arise, I think Amby would probably be in more of a position to make unconditional restitution-- however, I would have accepted that condition in return for payment of my son's medical bills. If she is not interested in suing them anyway and just wants them to improve their product (which they seem also to be interested in, perhaps just not in the way Ms. Callahan would like), then why not take their offer?
She is being silenced anyway-- and I don't think it's out of bounds for Amby not to want to accept blame out of hand with an isolated incident.
So, not to accept their offer seems to be like cutting off her nose to spite her face...
I am basing these comments on what I know of the situation as reported here-- that is ultimately the impression I have come away with.
I do not have babies anymore and do not know this product-- but if I had a baby and owned the product, this situation would probably not be enough to convince me not to use it.
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B 12-18-2005 @ 6:37PM
I'm inclined to sympathize with the Mother. I can't shake the feeling that the Amby company is trying to sweep this scandal under the covers, which is nearly impossible in the internet age. The fact that they offered to pay for the medical bills only when the mother states in writing that it's not thier fault and provide a free fix without admiting there was ever a problem sounds like they just want the problem to go away. A little honesty and compassion about the situation could have gone a long way to help thier image, but now it's too late.
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Sally Kieran 12-18-2005 @ 6:37PM
I have several Amby products, to my dismay I saw this post and cannot believe they treat their customers like this and will never buy another Amby product and urge other parents to do the same. To me my babies health comes first not companies profits, maybe a company boycott is in order?
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AJ 12-18-2005 @ 6:37PM
I'm no legal expert, but even I know a non-admission of guilt clause is routine in the legal world. I would do the same if I were in their shoes. And so would you.
Read paragraph 5 of Amby's May 13, 2005 letter where Amby discusses its talking to the treating physician.
http://weblogsinc.com/common/images/7817147613747893.jpg
That paragraph alone should have everyone taking a step back and waiting until the facts are clear. To even mention a boycott at this point is farcical. Stop the blog mob mentality shtick before it starts.
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Lisa C. 12-18-2005 @ 6:37PM
I do not own an Amby, but I intend on buying one for my next child.
I completely understand and agree with Amby's cease and desist order. This is an unfounded claim that they responded to with the offer of monetary compensation... only to have that customer turn around and defame them in writing in several public forums. Since they'd offered compensation, it looked like an admission of guilt, when in fact I think they were just trying to do the right thing, regardless of whether or not the fault was theirs.
Look what has happened since... many people now hate Amby and aren't going to buy their products because of this one dissatisfied customer. They have even come up with a solution to the problem (the spring cover).
I don't know what more the company could have done in this situation. They offered money, which was refused. They came up with a solution that "isn't good enough." What more can they do? It's perfectly reasonable to request that someone stop saying hurtful allegations about you in public. They may not get what they want, but I understand why they're doing it.
This will have no impact on my decision to buy an Amby. I still think that it is a good product.
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Crystal 12-18-2005 @ 6:37PM
After my own experience with an unrelated bed and my daughter's broken leg, I'm not remotely surprised by the response of Amby over this. Everything is "cover your ass", and no one seems to care until dozens or even hundreds of children get hurt. Isn't one injury enough? How about some decency and following through on your promises. I, like Berryman, wasn't looking to get rich, I just wanted the product changed so it wouldn't hurt another baby. We were lucky to have no out of pocket medical expenses, we simply wanted to save another child from getting hurt, and our requests and concerns were ignored. I hope Amby, and all the other companies who make children's products, pull their heads out of their asses soon.
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AJ 12-18-2005 @ 6:37PM
Here's the rub. Some (if not many) people don't read the full blog entry and/or the linked material. As evidenced by Crystal apparently missing that the company #1 did provide a fix to the perceived problem and #2 did make an offer to cover medical expenses. That really doesn't matter though. People skim and catch the highlights of controversy and that's enough for them and their snap outrage. I'm waiting for the facts, not this he said/she said.
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Justin Hoffman 12-18-2005 @ 6:37PM
I called, I asked questions, and now I know the real truth behind this story. It is made from a one sided journalist who is favoring the alleged mom. There is a reason why the company is not talking.
This is a typical blogging story whereby one side is heard and this mom is hurting other moms who have not experienced the great service and product this company provides. Get a life and help out world hunger perhaps or the homeless and manage your own personal issues verses taking out your frustration on an innocent company.
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Tracy Berryman 12-18-2005 @ 6:37PM
This is Tracy Berryman.
When Amby offfered to pay our medical expenses I expected that they would require us to sign an agreement saying that we would not sue them. That would have been well within reason. Instead, they are threatening to sue US. When I initially talked to Amby, they never once suggested that their bed didn’t cause my son’s injury. They apologized profusely, sent us flowers, offered to pay the medical expenses and said they would make the product safe. In an attempt to protect myself, I requested that they communicate through email. They responded by repeatedly asking that we communicate on the phone. I then unexpectedly received the letter from their lawyer accusing us of defamation and tortuous interference with their company. This letter claims that the Amby bed is not responsible for the injury and orders me to cease and desist making that claim.
I am unwilling to sign anything saying that the Amby bed was not responsible for my son’s injury because I honestly feel 100% certain that it is. I feel that I have a certain responsibility to make sure this doesn’t happen to another baby. Accepting the “hush money” goes against what I feel to be my moral obligation.
Amby has produced a spring cover which their website says will “complete the overall appearance” of the Amby bed. This is the same spring cover they sent to me saying that it will make their product safe. The spring cover has an opening at the bottom with a Velcro closure. If any metal particles were to accumulate in the spring cover, they would easily escape from the sides of the opening and fall into the hammock. There is also the possibility that someone could open the Velcro spring cover to adjust it and unknowingly drop the metal particles into the hammock (as I did with the fabric that covers the crossbar).
I have suggested to Amby that they make the product so that there is no metal on metal contact. This could be easily done by adding nylon bushings into the ends of the springs or adding nylon bushings into the eyebolt and crossbar.
Mr. Patnode (CEO Amby Baby USA) claims that our doctor could not confirm the existence of any “metal shavings”, let alone the source of the alleged shavings We have a written and signed statement from our doctor that clearly states that the foreign bodies embedded in my son’s eyes were “metallic in nature” as well as the medical records from the emergency room which also state that the particles were metallic. As far as the doctor not confirming the source of the shavings, that would be impossible. That would be like asking a doctor who was at fault in an injury causing car accident. (I have provided that letter as well as my son’s medical records to Blogging Baby).
My son was in the emergency room for seven hours. We were not allowed to feed him during that entire time. He was pinned down and had speculums placed in his eyes while the doctors tried to swab the metal particles out of his eyes. That didn’t work. He was then given an IV, sedated and the metal particles were scraped out using a 30-guage needle. I am not simply a “dissatisfied customer”.
The letter we received from Amby’s lawyer was NOT a standard “cease and desist” letter. It was extremely aggressive and meant to scare us into signing their waiver. It threatened bringing suit against me even if I didn’t sign the cease and desist order.
Amby’s response has literally added insult to injury.
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Katie 12-18-2005 @ 6:37PM
Justin,
Are you serious? Do you really believe that if you call Amby and simply ask them questions you are going to "know the real truth behind this?" Are you really that naive?
C'mon.
--katie
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emjaybee 12-18-2005 @ 6:37PM
I do not understand the anger of posters here against this parent. Even if you think she is lying, the truth of her claim has still not been disproven (it's still her word against theirs; true proof would probably require a courtroom). I am not upset with Amby for standing behind their product, but I am upset with any company that uses its larger pocketbooks and lawyers to infringe on the free speech rights of its customers, and *especially* to restrict discussions of possible product issues on the internet (or anywhere). That affects all of us. If Amby is innocent, fine. This will blow over. But what about another manufacturer who is not innocent, does have a dangerous product, but seeks to shut down discussions about it with litigious threats? That is the larger concern here.
As I said, I found Amby's products appealing. In theory, I still do. But god forbid I have a problem with something I buy from them, will I get the same treatment? It's not worth the risk, and I don't think much of them for engaging in these sort of tactics.
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LRW 12-18-2005 @ 6:37PM
I have dealt with Amby on several occasions regarding my purchase, once at least 5 years ago and again just recently, and have on each occasion found them to be very responsive and helpful. I have had nothing but positive experiences with both the company and its product (can someone say sleep, finally!).
Having some professional experience, in a situation like this I would expect a small company to be instantly responsive to the issue presented, just like Amby reportedly was, and offer help to the customer and fixes to the product. I would also expect them, AS IS THE NORM IN THE US, to start communicating through their lawyer and therefore the language and tone often gets more formalized which may offend some people, especially laymen. But in order to protect the company, this is necessary. It is also important that they research the event and speak to all concerned, particularly the doctor involved, and after that new information often come about, as it seems happened here. It is also important for a small company to stay on top of any unfounded claims, as this one is, and not just take on responsibility just because a customer throws something at them. To me, it sounds as if Amby is doing what anybody would do and all they can do: they are offering monetary help, they are asking that unfounded claims are not thrown around on the internet, they are fixing their product, and they don't want their product associated with an unsubstantiated claim.
By the way, I have used the hammock for two children (good, heavy use - big babies!) and have not had any problems with it.
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plantmommy 12-18-2005 @ 6:37PM
I'm outraged at how Amby has handled this matter.
My Amby hammock had a large amount of metal shavings flaking off where the spring met the cross bar hook as well, and it also had metal flaking off where the bolt meets the frame on top. I might add that there was 1/4" of bolt underneath on mine; it was NOT overtightened.
When I contacted the company about my concern that those shavings would fall into my son's eyes, they explained the "sleeve" they were going to be making. I questioned how a fabric sleeve would prevent metal shavings like small needles from falling down on my baby. After all, these were sharp enough to go right through fabric, and numerous.
They just didn't answer that email.
My best guess is that the turn on the spring varies, and as the spring to loop was the main, although not the only, culprit creating shavings, if the springs aren't exactly uniform, not all hammocks would have this problem.
A rubber coating on all metal parts would probably work; a fabric sleeve? I doubt it.
I covered all metal contact points with duct tape, and examine them regularly. I would NOT be comfortable with a fabric sleeve being the only protection between my baby and his eyes, and numerous needle-like metal shavings.
In any event, I did file a report with the CPSC. This is a very real safety issue, and it needs to be sufficiently addressed before more babies get hurt.
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kenedy 12-18-2005 @ 6:37PM
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My Father name is Chief Joesph Oslia and he owners the biggest gold and diamond company in Congo,during the time of the war, i was in the warehouse with my dad caluclating the sales of half of the year when the Rebels, bostin in side the company of my late father, my father and elderly brother were been killed, but God so kind, i managed to ecaspe with (23ct 176kgs of bar Gold and 40 kg of Diamond)which i ecasped to the near by village ,then through there i met a Captain of a ship who assisted me to Ghana for safe keeping,
so i needed a foregin gold comany in USA to invest this Gold,and i also need an invitation to his or her country to feather my eduction and also help me to invest this money because i am a small boy. but all necessary documents that covers this fund are with me here in Ghana.,but you can get in touch with me through this number 00233-244-524439
Your humble respones will go far for my rescue of my life.
Wait for your immedaitly response,
Thank you in advance.
God Bless,
Kenedy Oslia,
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