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A Pennsylvania woman has been cleared by a federal judge to pursue a lawsuit against Wal Mart, Kmart, and San Diego-based baby products manufacturer Infantino LLC over the death of her son.

Anthoinette Medley was walking in a Philadelphia mall on February 20, 2009, carrying her infant twin boys in two Infantino SlingRider baby carriers. At one point she reached for her son Nelsir Scott to show him off to another mall patron, and found him unresponsive. She immediately called 911 and attempted CPR, but the baby had died of suffocation.

In March 2010, Infantino recalled more than 1 million SlingRiders sold between 2003 and 2010. That June, Medley sued Infantino, Wal Mart, and Sears Holding Corp., which operates Kmart stores, and where she purchased her baby carriers. Also named in the suit were store managers Steve Myers and Jeffrey Weiss.

Both retailers moved for summary judgment to dismiss claims against them, claiming they had no connection to the product or its shortcomings. The trial court granted this motion in June, then vacated it a week later, leaving both as parties to Medley’s suit.

Medley accuses Infantino of “years of ignoring complaints, concerns, data and information about the life-threatening hazards of the SlingRider,” before issuing the recall notice.

The case will be tried in Pennsylvania state court.

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