A Philadelphia woman has filed a product liability lawsuit against CVS of Pennsylvania and Express Pharmacy Services of PA for injuries she allegedly sustained after using a prescription lotion manufactured and sold by the defendants.

Philadelphia attorney Steven M. Lipschutz, of the firm Lipschutz & Friedman, filed the civil action May 29 at Philadelphia’s Court of Common Pleas on behalf of Kenyatta Oates.

The complaint alleges that Oates suffered burns to her arms and legs after she applied the defendants’ Laclotion to her skin back on June 27, 2010.

The injuries were allegedly caused by a “foreign object” that was contained within the lotion, although the suit never states exactly what it was that had supposedly contaminated the product.

The lawsuit claims that the lotion was unsafe, defective and unfit for placement in the stream of commerce used by the public.

“Plaintiff avers that said lotion was negligently manufactured, produced, prepared, assembled, constructed, tested, maintained and inspected, and was a hazard to the public,” the lawsuit states.

The complaint accuses the defendants of negligence for failing to properly and adequately manufacture, assemble and distribute the lotion, failing to properly provide warnings concerning the dangers of the product, failing to adequately test and inspect the lotion and failing to disclose to purchasers that the product was defective.

As a result of her using the product, Oates was inflicted with burns on her arms and legs that required the plaintiff to spend various amounts of money on medical attention.

Oates also sustained an aggravation of pre-existing conditions, the lawsuit claims, and she also suffered injuries to her bones, muscles, nerves, tissues and ligaments.

Oates also experienced anxiety reaction and post-traumatic stress syndrome, the suit claims.

In addition to the negligent count against both defendants, the lawsuit also contains counts of breach of warranty and strict liability.

Oates seeks $50,000 in compensatory damages, plus interest, delay damages and costs.

Arbitration has been scheduled for early February 2013.


The case ID number is 120503309.


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