CVS Heating Pad Lawsuit Alleges Overheating Defect Caused Permanent Third-Degree Burns

Lawsuit claims burn injuries have required extensive treatment and painful debridement procedures to remove damaged tissue.

A California man has filed a product liability lawsuit alleging he suffered severe third-degree burns on his foot from a defective CVS heating pad that malfunctioned and overheated.

The complaint (PDF) was brought by Christopher Shelby and Nelly Recarte in California Superior Court for Los Angeles County on April 2, naming CVS Pharmacy Inc. and CVS Health Corporation as defendants. The case was removed to the U.S. District Court for the Central District of California on September 14.

Shelby claims CVS was aware of hundreds of similar burn reports involving its branded heating pads, which allegedly contained a defect that allowed the devices to reach temperatures above regulated limits

Heating Pad Burn Risks

Heating pads are widely used to relieve muscle soreness, stiffness, joint discomfort and other types of pain. However, when temperature controls, sensors or automatic shut-off features fail to work properly, the devices can overheat and expose users to serious burn injuries.

Those concerns have led to a number of heating pad lawsuits against manufacturers, retailers and distributors, with plaintiffs alleging defective designs allowed the products to reach dangerously high temperatures during normal use.

Earlier this year, an Amazon product liability lawsuit was filed after a California woman suffered severe thermal burns while using a heating pad sold on the platform as a therapeutic device. The complaint alleged the product overheated and lacked adequate automatic shut-off protection that could have prevented the injuries.

CVS Heating Pad Burn Allegations

According to the complaint, Shelby placed a CVS brand heating pad on his foot on April 8, 2024. He claims the device malfunctioned by reaching extremely high temperatures, causing severe, permanent and disfiguring injuries, including third-degree burns.

The filing indicates Shelby underwent multiple debridement procedures and will require future medical care due to permanent physical and emotional injuries caused by the burns.

Shelby alleges CVS has long known its heating pads can reach temperatures greater than 150 degrees Fahrenheit. However, he maintains the company also knew or should have known that third-degree burns can occur at temperatures as low as 109 degrees Fahrenheit.

The lawsuit claims the temperatures reached by the heating pads far exceed FDA limits and that CVS knew about the potential consequences, yet failed to redesign its product.

Prior to Shelby’s injuries, CVS allegedly received reports of at least 282 burns involving heating pads that had malfunctioned. As a result, Shelby maintains CVS failed to adequately warn consumers about the risks associated with using the devices.

“Defendants acted despicably and with a conscious disregard for the safety of others by willfully and deliberately continuing to market and sell such heating pads, which were far in excess of FDA regulations, despite knowing of the probable harmful consequences to users, including Plaintiff, of suffering severe and permanent third-degree bum injuries.”

— Christopher Shelby et al. v. CVS Pharmacy Inc. et al.

The complaint raises allegations of strict products liability, negligence and loss of consortium. It seeks compensation for general damages, past and future medical expenses and loss of earnings.

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