Lawsuit Claims Button Battery Choked 14-Month-Old After Falling Out of Defective CVS Thermometer

CVS thermometer allegedly contained a dangerous design defect, which failed to securely hold the button battery, allowing it to fall out and become accessible to a young child.

A Florida woman has filed a product liability lawsuit alleging that a CVS-branded thermometer did not meet required battery safety standards, allowing it to open unexpectedly and leading to her infant daughter swallowing a button battery.

The complaint (PDF) was brought by Christina Sanguily on behalf of her minor child, identified only as R.S., in the U.S. District Court for the Southern District of Florida on March 17, naming CVS Pharmacy Inc. and Veridian Healthcare LLC as defendants.

The CVS Health branded thermometer (model KD-1300) is a medical device placed under the tongue to check a person’s body temperature. This particular oral thermometer has a small compartment on the back to hold a button battery.

Also referred to as coin batteries, these kinds of batteries are small, circular single-cell products, between 5 and 20 mm in diameter, or roughly the size of a nickel. They are typically made of lithium, silver oxide or alkaline materials.

Button Battery Safety Concerns

Button battery injury risks have long been a topic of concern among doctors and health regulators. In 2019, a study warned that, when swallowed, button batteries can cause serious damage to the stomach or intestines before they are passed through the digestive tract. Doctors recommended immediate surgical removal if swallowed.

These batteries can also become lodged in the esophagus or intestines, causing dangerous blockages. When stuck in the body, they can generate an electrical current and release hydroxide, an alkaline chemical that can burn through tissue in as little as two hours, according to a prior study published in the medical journal Pediatrics.

Another study found a growing number of children are being treated in emergency rooms for button battery injuries after swallowing them, with more than 7,000 cases reported between 2010 and 2019.

Due to widespread concerns, the Consumer Product Safety Commission (CPSC) acted in 2023 to put in place mandatory rules for button batteries in an effort to reduce injuries and deaths among children. The standards comply with Reese’s Law enacted in 2022 and require battery compartment closures, like small screws and warnings.

In 2024, the CPSC once again proposed new regulations for consumer products containing button batteries, calling for the batteries to be harder to access. In addition, the changes called for more prominent warnings on the products.

CVS Thermometer Button Battery Lawsuit

In the lawsuit, Sanguily alleges her child ingested a button battery from a CVS thermometer on November 14, 2025, after it became loose and dislodged. The complaint claims the device lacked required safety features to keep the battery secured and did not include adequate warnings about the risk of removal and ingestion.

According to the filing, R.S. began choking shortly after swallowing the battery and was rushed to the emergency room. The child was later transferred to another hospital, where doctors surgically removed the battery, resulting in a hospital stay lasting several days.

Sanguily contends the thermometer failed to meet legal safety standards, including the absence of proper latches, screws and warning labels, which she says created an unreasonable risk of harm.

As a result of the incident, the lawsuit alleges R.S. suffered physical injuries, emotional distress and significant pain related to the choking, surgery and recovery.

“Defendants knew or should have known that if the Defective Product was not properly and carefully manufactured, designed, tested, inspected, assembled, delivered, molded, labeled, warned, and signed prior to sale or distribution to consumers, it would, if used by any member of the general public, be a substantial factor in causing serious and permanent injury.”

– Christina Sanguily v. CVS Pharmacy Inc. et al

Sanguily presents claims of negligent product liability, strict products liability–design and manufacturing defects, strict products liability–failure to warn of defective condition, breach of implied warning, emotional distress, and violations of 15 U.S. consumer product safety standards. She seeks compensatory and punitive damages for lost earnings, pain and suffering, health care expenses, and mental anguish, along with pre- and post-judgment interest, and litigation costs.

In addition, the lawsuit calls for an injunction barring CVS and Veridian from selling the defective product, a forced recall, and for the companies to notify all consumers of the defect.

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