Sleep number mold problem leads to lawsuit news emporiagazette.com gas leak los angeles

She called the Select Comfort company that manufactures the bed to inquire what could be done. The company’s representative told her that mold was not common in the beds and said that replacement parts would be sent to eliminate the problem.

“I said, ‘Why aren’t you sending out a recall notice? You have all of our information,’” she said. “I can go to any Sleep Number store and they can look my information up immediately. ‘Oh,’ they said, ‘because it’s not that common. It’s rare.’”

Metzger posted her experience on her Facebook page and got back two responses from other people she knew who had found mold on their Sleep Number beds. She also learned mold in a Sleep Number had been an issue for an in-law of one of those people, and that she already had cleaned it up.

The class-action suit was filed on Oct. 30, 2008, in U.S. District Court, Northern District of California, San Jose Division, by Robert M. Gagliasso and Andrew V. Stearns of Bustamante, O’Hara & Gagliasso law firm in San Jose, Calif., on behalf of Molly Stearns, Ruth Rose, Dennis Fuller, Dan Schlesinger, Bonnie Fuller, Karen Williams and Brian Williams, and others that may join the class.

Defendants include Select Comfort Retail Corp. of Minnesota; Bed Bath & Beyond, a New York corporation; The Sleep Train, a California corporation, and “Does 1 through 50,000, inclusive,” which may be extended to include other companies that sell the Sleep Number bed.

The suit lists 17 causes for action, including negligence, breach of express warranty and, concealment, intentional misrepresentation, unfair competition, false advertising, and violations of the Sherman Act, the Cartwright Act and the Racketeering Influenced and Corrupt Organizations, or RICO, act.

The complaint states that the company, which began manufacturing the bed in 1987, used national media and celebrities — Lindsay Wagner, Paul Harvey, Rush Limbaugh and Sean Hannity, among others — to promote the beds. The company also sponsors National Public Radio’s Prairie Home Companion show with Garrison Keillor and has arrangements to put Sleep Number beds in Radisson Hotels & Resorts, Ronald McDonald House charities, Fisher House Foundation and Winnebago Industries to install the Sleep Number beds in motor homes, the suit states.

Select Comfort sent replacement beds, replacement parts and sometimes refunded purchase price, to consumers “and subsequently were notified on numerous occasions, by consumers, that replacement parts and beds also incubated mold, thus making any replacement futile and without purpose,” the suit stated.

The suit also accuses Select Comfort CEO Bill McLaughlin of stating in a Sept. 6, 2004, “Furniture/Today” article that “We (Select Comfort) have intentionally been selective, rather than broad, in our public communication on the issue (mold reports) because we believe it is better for the mattress industry and ourselves not to keep this topic in the headlines, causing unnecessary concern for consumers.”

The suit accuses defendants of consistently misrepresenting, since as late as 2004, that they have not received any complaints of mold, confirmed cases of mold or been put on notice of mold since the redesign or refabrication of the Sleep Number bed and that cases of mold in the Sleep Number bed are rare.

“The first thing that you need to know is that the propensity to grow mold exists with any upholstered product,” Gabby Nelson said in a telephone interview on Thursday. Nelson is director of internal and external communications for Select Comfort Corp. of Minneapolis, Minn. “So it’s not a product defect. Mold can occur in many different upholstered products. …

“The only difference with a Sleep Number bed is you have the ability to open it up and take a look at it. … You cannot do that with an innerspring bed or other upholstered product. It’s not a product defect, because mold can occur in any upholstered product,” Nelson said.

The only comment I have is, I have had my select comfort air bed for going on almost 18 years now and have had little to no problems with it including No mold, except after having it for about 6 years the iflation pump stopped working and select comfort sent me a new pump at absolutely no charge and it has worked fine ever since.

It is a well known fact that mold requires two elements to propogate and grow. Moisture and Darkness. Since the Air Chamber/Matress is enclosed in a type of coverning/Cocoon (outer cover) and the fact that the air inside the matress itself changes tempure with the outside air, cooling to warming with the air temperature in the room or possibly even the temperature of the body that lays on it, the cool to warming of the air will cause condensation of moisture inside the matress cover, therefore this will cause the perfect environment for mold to grow and thrive.

I also know that airing out not only your bed, bed clothing will deter any accumulation of moisture that may cause mold to grow. Which is why during the warm months of the year I open the basement windows to air out and dry out any condensation that may form under the house.

I am sad to say that I am going to have to get a new bed as the air mattress on my select comfort bed is starting to break down in the center and requires more air to remedy the weakness, which makes the rest of the bed even harder than the center.

I was taught, when growing up, that if you take good care of your possessions they will serve you well for a long time and with proper maintenance and care they will also last you a long time. I guess that is why I am still driving my 1973 pick up and why my sister and I drove her 1990 automobile for 18 years before have to get a her a different car, which with a little care and maintenance may also last her for another 18 years. Shoot it is already 9 years old, so it only has another 9 to go.

I called the company and they replaced the mattress and components…wIth a DEFECTIVE BED!!! They sent me the replacement parts via UPS and I had to take it down and set up the new one myself. The problem was that they didn’t send enough foam and the pillowtop broke down and the controller wouldn’t work properly. I was NEVER comfortable on the bed…it was not level when inflated to 100 because of the lack of foam. The middle was caved in and I practically had to hang onto the side of the bed to keep from rolling in to the middle. I called and wrote the company several times…they sent out some replacement foam which helped but it still wasn’t right. I invited them to come take a look at the bed but they didn’t come out till aug 2013. The techinicians told me that the pillowtop had broken down and I need to get a replacement. WOW. I couldn’t figure it out but that new pillowtop that they sent me in 2009 was defective from the start!!! I wrote a letter and "BOB" from select comfort called me. Because they had already replaced the bed once…even though it was not my fault that it had mold… they would not replace it again under the limited warranty… HOWEVER they would SELL ME replacement parts at a 15-25% discount. SOOOO… basically they replaced a moldy but comfortable bed with a defective UNCOMFORTABLE bed and its my problem that I can’t get COMFORTABLE on my DEFECTIVE bed. Typically you get a 2 year warranty on the pillowtop and if its replaced you get a 30 day warranty on the replacement. Then you’re DONE! The breakdown of the pillowtop of this bed in two years is considered NORMAL!!! Well why would anyone pay $2000 for a bed that might last only 2 years??? I had a cheap $300 bed that lasted 18 years and this OVERLY EXPENSIVE bed didn’t last 6 months after it was replaced. They may have fixed the mold problem… but their beds sure don’t last long!!!