What? NOT Sue? It’s…It’s Un-American!


Don’t know why I never published this – wrote it in April ’09. Think it’s still worth putting out there!

I was just reading the morning news when I came across an article about nasty mold growing in “Sleep Number” beds – you know, the ones the Bionic Woman (OOPs! forgot you’re mostly too young to get that…) err, Lindsay Wagner says “It’s the last bed you’ll ever buy”?

The focus was on a local couple who discovered the black stuff incidentally while changing the bed. They did some research and found this has been an on-going problem with the mattresses for several years, yet the company hadn’t taken any action to contact consumers. They just quietly added an “antimicrobial” treatment in 2005 (obviously acknowledging there was something wrong in their manufacturing process…). A class action law suit has been filed against the company in CA.

Mold hasn’t been the only problem that has dogged the beds. If you Google “”Sleep number bed” complaints OR reviews”, you’ll get plenty of legitimate hits!

On a case-by-case basis (ie if you actually were to discover this problem yourself),  Select Comfort will offer you a replacement or refund. But they have not publicized the problem nor taken any actions to recall the beds in question.

Obviously this is a chance to sue! SUE! SUE THEIR BUTTS! It’s the American way!!

Isn’t it? After reading the 1st part of the article, I was sure it would end with them becoming parties to the class action suit. Was I in for a surprise!

“The Shamps plan to have the mold from their bed analyzed to determine what kind it is. They do not, however, plan to join the lawsuit.

“We’re not litigious people,” Jim Shamp said. Instead, he has another plan.

“We do own some stock in Select Comfort that we’ve had for several years,” he said. “Maybe I’ll hang onto the stock and be a more active shareholder and see if there’s some value in raising a little noise from within the company about this issue and their handling of it, wearing my stockholder hat.””

Here’s the link to the complete article.

OMG! There are actual real-live people who realize there are other ways to make a difference! Taking personal responsibility, for example.  Lawsuits are often huge money sinks, making money for attorneys & producing little or no results for the consumer anyway. What would happen if all the stockholders in corporations paid attention to more than how large their dividend checks are?

These folks have a great attitude and are wonderful role models.

Not suing. Ur doing it right!


One response »

  1. LOL… Also, evidence of subsequent remediation (i.e. adding the antimicrobial to the process) is not admissible as evidence that there was something wrong before. The reason for this is that we want people to make repairs/advance asap instead of waiting for suits to clear, and also when new evidence presents itself we often make new decisions that include new safety measures. Even if you wanted to sue, you couldn’t use that change in procedure to show they were doing something bad before.

    If your hospital had a procedure in place based on best available research, and a new study came out that showed a previously unknown risk related to that procedure, the hospital would probably change the procedure, right? That doesn’t mean they were negligent or bad before. It just means they got new facts and adjusted their procedure accordingly.

    As for products liability… if someone is harmed by the problem with the bed, then they absolutely have a claim against the company. It sounds like SC is replacing the beds when asked… Has the mold actually harmed anyone physically, or is it just gross? It sounds like the Shamps have the right idea. The lawsuit is very unlikely to result in any kind of substantial damages unless people have gotten seriously ill.

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