On Wednesday, a Connecticut resident filed a lawsuit against CVS Pharmacy in the District of Connecticut, citing personal injury and loss of sensation after the use of CVS Health Peas, a therapeutic product sold by the pharmacy chain.
The plaintiff said she purchased the product at her local pharmacy. Upon purchase, she brought the product home and placed it in the microwave for 30 seconds as directed by the instructions on the package. Upon removing the CVS Health Peas from the microwave, the complaint said, the plastic casing of the product suddenly, and without warning, ruptured and the heated contents were caused to spill out onto the plaintiff. Levine had burns on her hands and feet, requiring surgery and medical treatment that resulted in significant medical bills. She also reported changes in her lifestyle that were forced upon her as a result of her injury.
The product, CVS Health Peas, is a pack that’s meant to be heated or chilled for therapeutic use. The plaintiff said that CVS is liable for her injury based on the assertion that they are responsible for the design, assembly, manufacture, testing, packaging, labelling, marketing, distribution, and sale of the product, and because the defendants provided insufficient and misleading instructions to its users on how to use the product.
The plaintiff believes that the defendant’s product was improperly or inadequately designed, manufactured, and or labeled. Based on that alleged negligence on the part of the defendant, the plaintiff seeks compensation for the costs incurred as a result of her injury as well any punitive damages.
The plaintiff is represented by Riscassi & Davis.
