Attorney Robert Gagliasso's law firm is heading up the lawsuit against the makers of the beds, Select Comfort Corp., alleging the company knew of the defect and concealed its existence, the Raleigh (N.C.) News & Observer said Monday.
Gagliasso alleges in the suit that while not all of the beds will face mold problems, they all create an ideal situation for mold to grow thanks to collected internal moisture.
"I'm not saying they all grow mold, but they do have the potential," he alleged. "With the right conditions, they will grow mold."
Plaintiffs in the lawsuit are seeking unspecified damages for health problems they allegedly occurred as a result of the bed mold, the News & Observer said.
Gabby Nelson, Select Comfort's director of internal and external communication, insists any mold present in Sleep Number beds is typical for any form of upholstered furniture.
"There is absolutely no evidence to suggest that it happens more often in a Sleep Number mattress than any other mattress or upholstered product," Nelson said.