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Oklahoma Products Liability News

Home Page > Products Liability > Products Liability News

Sullivan's Bunk Bed Legislation Becomes Model For National Standard

OKLAHOMA CITY (Aug. 18) -- State Representative Leonard Sullivan probably would never have met Lynn Starks if it hadn't been for a bunk bed.

And the death of a young child.

"It was one of those meetings you don't quickly forget," the northwest Oklahoma City Republican said. "In fact, I'll never forget. Never."

The pair met after Starks' youngest child, Whitney, strangled to death when she slipped between the frame and guardrail of her bunk bed.

Starks had put Whitney to bed the night of April 24, 1997. Whitney shared a set of bunk beds with her older brother, Matthew.

Whitney slept in the top bunk.

And sometime during the night she slipped between the frame and the guardrail, catching her head. The next morning, when Starks discovered the accident, she frantically called 911, but it was too late.

Her youngest child, the one she described as "the outgoing
one," was dead.

And Lynn Starks was devastated.

Having lost her husband just two years earlier, Starks' grief was almost unbearable-then she learned the facts behind her child's bunk bed.

A friend, trying to console the distraught woman, contacted the U.S. Consumer Product Safety Commission (CPSC) to report the bunk bed hazard and learned that 54 other children had died in similar accidents since 1994.

"I'd grown up in bunk beds," Starks told this month's issue of Good Housekeeping magazine. "I had no idea they were unsafe. I was shocked-and mad-that this was going on for so long."

Armed with those facts, Lynn Starks had a new cause. A cause that would put her in touch with industry watch dogs, consumer advocates, talk-show hosts and finally, State Rep. Leonard Sullivan.

Although the CPSC quickly responded to her complaint and forced the manufacturer of Starks' bunk bed to recall it, Starks said she felt like she was "beating her head against the wall."

Acting on the advice of a friend, Starks contacted Sullivan.
"That was one of the toughest telephone calls I ever took," Sullivan said. "My heart went out to this woman."

Sullivan quickly agreed to help Starks, offering to introduce legislation the next year.

"Lynn worked with our staff and we filed House Bill 2828-the Bunk Bed Regulation Act-in 1998," Sullivan recalled. "It moved quickly through the process."

The bill limited the amount of space allowed between the guardrail and the bed's mattress. Reducing the space between the guardrail and the mattress would prevent a child from slipping through and strangling.

"As far as legislation goes, it's a very simple bill," Sullivan said. "But its effect is powerful: it saves lives."

Sullivan said his bill was successful because of one reason: Lynn Starks.

"When the bill went to the Public Health Committee, Lynn came and testified," he said. "And when she finished, holding up a picture of little Whitney, you could hear the entire committee crying. There wasn't a dry eye in the room. I knew then we'd have no trouble getting the bill through the full House."

Working together, Sullivan and Starks guided the Bunk Bed Regulation Act through the legislative process. The bill was passed by the House of Representatives 99-0 and by the Oklahoma Senate 35-12.

Not only did the measure require safer bunk beds, but it helped Lynn Starks to heal.

"It gave me focus," she said. "When Whitney died, I kept wondering why I was being punished. But I started to see that God wanted me to help get this law passed to help save another person."

On April 13, 1998, Gov. Frank Keating signed the bill into law and Oklahoma became the first state in the union to regulate bunk-bed safety.

At the time, Sullivan said, he felt he'd done something worthwhile. "I was very pleased," he said. "I felt like we'd put a good law on the books."
Sullivan wasn't alone in his feelings.

Other states followed, modeling their laws after Oklahoma's. Then, just last month, the U.S. Congress passed the Witney Starks Bunk-Bed Rule which set new, federal standards for bunk beds.

"It's amazing," Sullivan said. "Lynn has done great work."

Sullivan said the effects of the bill have been so profound that Japanese bunk bed manufacturers have altered their construction specifications to comply with the Oklahoma law.

"Lynn has had an effect on a local, state, national and now global scale," Sullivan said. "And I don't think she's through."

She isn't.

Starks told Good Housekeeping that she's now targeting the older, unsafe beds which are sold at thrift stores and flea markets. She says she won't rest until they, too, are off the market.

"I don't want any parent to wake up and find what I found," she says.
As for Leonard Sullivan, he too keeps a watchful eye on the issue.

"I'll always be interested," he said. "This one of those times where you get the chance to really make a difference. That doesn't happen too often to an Oklahoma lawmaker."

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