Infant Burned by Icy Hot Patch, New Lawsuit Claims

A West Virginia woman is suing the makers of the Icy Hot patch, claiming the pain remedy caused disfiguring burns and other injuries to an infant boy in her care.

Teresa Hill, of Dunlow, W.V., filed her lawsuit on August 7 in Wayne Circuit Court against Chatten Inc., the Tennessee-based company which makes the popular over-the-counter pain patches millions of people have used to relieve minor muscle aches and pains.

Hill is the legal guardian of Patrick Ball, who was injured on Sept. 7, 2007 while attempting to use an Icy Hot patch to relieve his pain. As a result of using the product, the infant suffered burn injuries, according to a report in the West Virginia Record.

Chattem should have known that its product was unreasonably dangerous, Hill states in her lawsuit. The company also failed to warn users including Ball of the risks of serious injury and did not provide appropriate instructions for the proper use of the product, her suit alleges.

FDA Announces Earlier Recall of Icy Hot Products

In 2008, Chattem announced a nationwide recall of Icy Hot Heat Therapy products, including consumer “samples” that were included as promotional items in cartons of some packages of Aspercreme. The Icy Hot patches were linked to reports of first-, second-, and third-degree burns and skin irritation in some users, the Food and Drug Administration said.

All lots and sizes of the following products packaged in Aspercreme boxes were included in the earlier Icy Hot recall:

• Icy Hot Heat Therapy Air Activated Heat—Back

• Icy Hot Heat Therapy Air Activated Heat—Arm, Neck, and Leg

• Icy Hot Heat Therapy Air Activated Heat—Arm, Neck, and Leg

Lawsuit Alleges Permanent Injuries

In her lawsuit, Hill claims that Ball suffered disfiguring burns, pain, mental anguish, and other injuries as a result of using the Icy Hot patch and also incurred medical bills for necessary treatment. The lawsuit is seeking unspecified compensatory damages plus court costs and other relief the court determines just.

The lawsuit has been assigned to Wayne Circuit Judge Darrell Pratt, according to the Record.

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