Attorneys who have recovered nearly $100 million from Ikea in recent years over fatal dresser tip-over incidents have filed a class action lawsuit against the furniture company, alleging its efforts to recall the MALM dresser have been "feeble."

Attorneys with Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig, along with lawyers from Francis Mailman Soumilas, sued Ikea in the U.S. District Court for the Eastern District of Pennsylvania, alleging the company has failed to conduct proper outreach in its recalls of the MALM dresser and has failed to provide full reimbursements for the unsafe furniture. The lawsuit, Dukich v. Ikea US Retail, alleges violations of the state Unfair Trade Practices and Consumer Protection Law, as well as breach of warranty and negligence.

"Despite knowledge that its chests and dressers were unstable, unsafe and unfit for normal use, IKEA's recall efforts have been woefully inadequate and ineffective in advising consumers of the recall, removing these dangerous products from consumers' homes and reimbursing consumers for the full purchase price of the subject defective and dangerous chests and dressers," the 48-page complaint, filed May 6, said.

The class action comes less than six months after Feldman Shepherd attorneys secured a $46 million settlement from Ikea over a fatal tip-over incident involving a MALM, in which a toddler was killed. That death occurred after Ikea initially agreed to recall the dresser.

In 2016, the Swedish company had also agreed to a $50 million settlement in a suit lodged by Feldman Shepherd attorneys. That settlement involved three families whose children were killed in tip-over incidents involving MALM dressers as well.

Instead of focusing on personal injury claims, the lawsuit filed last week accuses the company of "deliberately carrying out a feeble and ineffective recall campaign that Ikea knew would not reach most American consumers; and engaging in other fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding."

Minnesota residents Diana and John Dukich, who bought a MALM dresser in 2012, filed the lawsuit, which notes that Ikea recalled the MALM dresser both in the summer of 2016 and in fall 2017. The recall, however, was problematic, the Dukiches allege, because the company did not contact purchasers through mail, email, text or other methods of direct communication.

Also, the suit contended that, although Ikea promised full refunds, that turned out to be "a mirage," since many customers were given gift cards for Ikea merchandise.

According to the lawsuit, the Dukiches sought to get a full refund on their MALM dresser, but so far have been unable. The lawsuit also contended that their experience was not unique and cited other complaints that have been made to the company about lagging refunds on social media sites including Reddit, Facebook, Twitter and Yelp.

The complaint also noted that, since the initial 2016 recall, there has been at least one death and 91 additional injuries.

"Ikea failed to communicate accurate and understandable information in a timely and effective manner to the public about the defective chests and dressers, the hazards they presented to children, and the availability of refunds and wall-anchoring services," the complaint said.

In a press statement, an Ikea spokesman said that, since the 2016 recall, the company has been investing millions to communicate about the recall and tip-over prevention, using paid advertising, social medial, email and press outreach. The spokesman said more than 1.5 million chest of drawers have been addressed through the recall, with more than 1 million requiring additional wall attachment kits and nearly 500,000 receiving full refunds. The spokesman also said the company to provide warnings about the importance of using proper wall restraints.

"Ikea is committed to helping move the entire industry ahead when it comes to product safety. In addition to the new app and ongoing communication efforts, the company has continued to invest in product development and testing, leading to innovative solutions to further enhance safe use," the spokesman said.

Feldman Shepherd attorney Alan Feldman, who, along with Daniel Mann and Edward Goldis, filed the suit for the Dukiches, said in an emailed statement, "Ikea recalled the MALM and more than 100 other model dressers because Ikea knew they were dangerously unstable and had caused the death of too many children. Unfortunately, the recall was halfhearted and poorly executed, leaving millions of unsafe dressers in childrens' bedrooms throughout the country. We brought this class action to seek redress for a nationwide class of consumers who were sold defective dressers, and to compel Ikea to honor the commitment it made to remove these dressers from the homes of consumers."