Case 3:21-cv-00857-KAD Document 1 Filed 06/23/21 Page 1 of 8
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF CONNECTICUT
`_____________________________________
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`ERIN LEVINE, )
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`Plaintiff,
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`v.
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`CVS PHARMACY, INC.;
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`CONNECTICUT CVS
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`PHARMACY, LLC; and )
`FOURSTAR GROUP USA, INC.,
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`Defendants
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`_____________________________________)
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`CASE NO.: 3:21-cv-857
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`DEMAND FOR JURY TRIAL
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`COMPLAINT
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`The plaintiff, Erin Levine, by and through her counsel, RisCassi & Davis, P.C., brings
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`this action against the above-named defendants.
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`I. PARTIES
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`1.
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`The plaintiff, Erin Levine, is a resident of the Town of Enfield, State of
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`Connecticut.
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`2.
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`At all times mentioned herein, the defendant CVS Pharmacy, Inc., with a
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`principal business address of One CVS Drive, Woonsocket, Rhode Island, was, and continues to
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`be, a Rhode Island corporation, which was authorized to transact business within the State of
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`Connecticut.
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`3.
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`At all times mentioned herein, the defendant Connecticut CVS Pharmacy, LLC,
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`with a principal business address of One CVS Drive, Woonsocket, Rhode Island, was, and
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`continues to be, a Connecticut limited liability company, which was authorized to transact
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF CONNECTICUT
`_____________________________________
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`ERIN LEVINE, )
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`Plaintiff,
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`v.
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`CVS PHARMACY, INC.;
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`CONNECTICUT CVS
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`PHARMACY, LLC; and )
`FOURSTAR GROUP USA, INC.,
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`Defendants
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`_____________________________________)
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`CASE NO.: 3:21-cv-857
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`DEMAND FOR JURY TRIAL
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`
`
`
`
`
`
`
`
`
`COMPLAINT
`
`
`
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`The plaintiff, Erin Levine, by and through her counsel, RisCassi & Davis, P.C., brings
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`this action against the above-named defendants.
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`I. PARTIES
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`1.
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`The plaintiff, Erin Levine, is a resident of the Town of Enfield, State of
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`Connecticut.
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`2.
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`At all times mentioned herein, the defendant CVS Pharmacy, Inc., with a
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`principal business address of One CVS Drive, Woonsocket, Rhode Island, was, and continues to
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`be, a Rhode Island corporation, which was authorized to transact business within the State of
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`Connecticut.
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`3.
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`At all times mentioned herein, the defendant Connecticut CVS Pharmacy, LLC,
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`with a principal business address of One CVS Drive, Woonsocket, Rhode Island, was, and
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`continues to be, a Connecticut limited liability company, which was authorized to transact
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`Case 3:21-cv-00857-KAD Document 1 Filed 06/23/21 Page 2 of 8
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`business within the State of Connecticut. The sole member of the defendant, Connecticut CVS
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`Pharmacy, LLC, is the defendant, CVS Pharmacy, Inc.
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`4.
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`At all times mentioned herein, the defendant Fourstar Group USA, Inc., with a
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`principal business address of 189 Main Street, Suite 31, Milford, Massachusetts, was, and
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`continues to be, a Delaware corporation, which was transacting business within the State of
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`Connecticut.
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`II. JURISDICTION AND VENUE
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`5.
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`The amount in controversy exceeds the sum or value of $75,000, exclusive of
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`interest and costs. This civil action is between citizens of different states. The defendants
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`maintain sufficient minimum contacts with the State of Connecticut such that the exercise of
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`jurisdiction over the defendants by Connecticut courts would not offend traditional notions of
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`fair play and substantial justice. By reason of the foregoing circumstances, this Court has
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`diversity jurisdiction over this lawsuit. 28 U.S.C. § 1332(a)(1).
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`6.
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`Venue is proper in this District because it is a judicial district in which a
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`substantial part of the events or omissions giving rise to Plaintiff’s claim occurred. 28 U.S.C. §
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`1391(a)(2).
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`III. GENERAL ALLEGATIONS
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`7.
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`The plaintiff, Erin Levine, incorporates by reference, as if fully set forth herein,
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`each and every allegation in this Complaint.
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`8.
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`At all times mentioned herein, the defendants, CVS Pharmacy, Inc., Connecticut
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`CVS Pharmacy, LLC, and Fourstar Group USA, Inc. (hereinafter “the defendants”), their
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`officers, agents, servants, and/or employees, designed, sold, manufactured, and/or delivered
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`2
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`Case 3:21-cv-00857-KAD Document 1 Filed 06/23/21 Page 3 of 8
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`products into the stream of commerce in Connecticut and are product sellers as defined by § 52-
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`572m of the Connecticut General Statutes.
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`9.
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`At all times mentioned herein, the defendant, CVS Pharmacy, Inc., its officers,
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`agents, servants, and/or employees, were involved in the design, assembly, manufacture, testing,
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`packaging, labelling, marketing, distribution, sale, and/or were otherwise involved in placing into
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`the stream of commerce CVS Health Peas hot or cold therapy pack (hereinafter referred as “CVS
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`Health Peas”).
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`10.
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`At all times mentioned herein, the defendant, Connecticut CVS Pharmacy, LLC,
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`its officers, agents, servants, and/or employees, were involved in the design, assembly,
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`manufacture, testing, packaging, labelling, marketing, distribution, sale, and/or were otherwise
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`involved in placing into the stream of commerce CVS Health Peas.
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`11.
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`At all times mentioned herein, the defendant, Fourstar Group USA, Inc., its
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`officers, agents, servants, and/or employees, were involved in the design, assembly, manufacture,
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`testing, packaging, labelling, marketing, distribution, sale, and/or were otherwise involved in
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`placing into the stream of commerce CVS Health Peas.
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`12.
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`At all times mentioned herein, the defendants designed, assembled, manufactured,
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`tested, packaged, labelled, marketed, distributed, and/or sold CVS Health Peas with the intention
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`that consumers, including those in the State of Connecticut, would heat the product in a
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`conventional microwave oven and use said heated product for personal therapeutic relief.
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`13.
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`At all times relevant herein, the defendants provided incomplete, insufficient,
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`and/or misleading instructions, training, and/or information to users and consumers regarding
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`how to properly and safely use the CVS Health Peas, including, but not limited to, failing to
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`3
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`Case 3:21-cv-00857-KAD Document 1 Filed 06/23/21 Page 4 of 8
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`provide instructions for heating the product in microwaves and/or the risks of injury attendant to
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`the heating of said product.
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`14.
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`At no time did the defendants provide warnings regarding the risk of the
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`packaging rupturing after being heated in a microwave, despite numerous complaints on the CVS
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`Health website from customers identifying such an issue.
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`15.
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`On or about July 5, 2020, the plaintiff, Erin Levine, purchased CVS Health Peas
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`from a CVS Pharmacy in Enfield, Connecticut.
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`16.
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`The defendants designed, assembled, manufactured, tested, packaged, labelled,
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`marketed, distributed, and/or sold the CVS Health Peas, which were purchased by the plaintiff,
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`Erin Levine.
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`17.
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`The CVS Health Peas reached the plaintiff, Erin Levine, without substantial
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`change in their condition and were used in a reasonably foreseeable manner on July 5, 2020.
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`18.
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`On or about July 5, 2020, the plaintiff, Erin Levine, put the CVS Heath Peas into
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`her microwave oven and heated the product for 30 seconds, consistent with the instructions on
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`the packaging. Upon removing the CVS Health Peas from the microwave, the plastic casing of
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`the product suddenly, and without warning, ruptured and the heated contents were caused to spill
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`out onto the plaintiff, Erin Levine, causing her to sustain personal injuries and losses, including,
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`but not limited to:
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`a) Burns to her right foot, requiring surgery;
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`b) Burns to her right hand;
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`c) Burns to her left hand;
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`d) Scarring;
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`e) Loss of sensation in her right foot;
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`4
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`Case 3:21-cv-00857-KAD Document 1 Filed 06/23/21 Page 5 of 8
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`f) Physical and mental pain and suffering.
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`19.
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`The incident that caused the harm to the plaintiff was of a kind that does not
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`ordinarily occur in the absence of a product defect and any defect most likely existed at the time
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`the product left the manufacturers’ or sellers’ control and was not the result of the causes not
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`attributable to the manufacturer or seller.
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`20.
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`In addition to, and without limiting the allegations of the preceding paragraph, a
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`substantial factor in causing the plaintiff’s injuries was the defendants’ violation of Connecticut
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`General Statutes § 52-572m – § 52-572q in one or more of the following ways:
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`a) the CVS Health Peas were improperly or inadequately designed;
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`b) the CVS Health Peas were improperly or inadequately manufactured;
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`c) the CVS Health Peas were improperly prepared for consumer use;
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`d) the CVS Health Peas were improperly or inadequately assembled;
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`e) the CVS Health Peas were improperly or inadequately fabricated;
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`f) the CVS Health Peas were manufactured, assembled, designed, prepared,
`fabricated, tested, labeled, packaged, distributed and/or sold without
`adequate or proper precautions to prevent them from causing the injuries
`of the type suffered by the plaintiff;
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`g) the CVS Health Peas were manufactured, assembled, designed, prepared,
`fabricated, tested, labeled, packaged, distributed and/or sold in a condition
`unreasonably dangerous for their intended use;
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`h) the CVS Health Peas were manufactured, assembled, designed, prepared,
`fabricated, tested, labeled, packaged, distributed and/or sold without
`adequate or proper warnings regarding the risk of the product rupturing
`after microwave heating;
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`the CVS Health Peas were manufactured, assembled, designed, prepared,
`fabricated, tested, labeled, packaged, distributed and/or sold without
`adequate or proper warnings regarding the risk of injury from the contents
`of the ruptured product;
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`i)
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`5
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`Case 3:21-cv-00857-KAD Document 1 Filed 06/23/21 Page 6 of 8
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`j)
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`the CVS Health Peas were manufactured, assembled, designed, prepared,
`fabricated, tested, labeled, packaged, distributed and/or sold without
`adequate or proper instructions regarding the heating of the product in a
`microwave.
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`21.
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` A substantial factor in causing the defect and/or malfunction of the CVS Heath
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`Peas was the defendants’ negligent design, testing, manufacture, preparation, assembly, labeling,
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`testing, distribution and/or sale of said product.
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`22.
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`As a further result thereof, the plaintiff, Erin Levine, has been forced to incur
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`financial obligations for hospital and medical care and treatment, diagnostic studies, surgeries,
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`medicines and the like, and may be obligated for further such sums in the future.
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`23.
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`As a further result thereof, the plaintiff, Erin Levine, has been, and in the future
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`will likely continue to be, unable to pursue her usual activities to the same extent as prior to the
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`accident, all to her further loss and detriment.
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`Case 3:21-cv-00857-KAD Document 1 Filed 06/23/21 Page 7 of 8
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`IV. PRAYER FOR RELIEF
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`WHEREFORE, the plaintiff, Erin Levine, brings this Complaint against the defendants,
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`CVS Pharmacy, Inc., Connecticut CVS Pharmacy, LLC, and Fourstar Group USA, Inc., for
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`personal injuries and prays for a judgment against the defendants for:
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`a) Compensatory damages and costs;
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`b) Punitive damages as appropriate under the Connecticut Product Liability Act;
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`c) Such other relief as the Court deems appropriate or to which the plaintiff is
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`entitled by law.
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`The Plaintiff,
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`Dated: June 23, 2021
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`/s/ Ryan K. Sullivan
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`Ryan K. Sullivan
`Federal Bar No.: CT 30904
`RisCassi and Davis, P.C.
`131 Oak Street, P.O. Box 261557
`Hartford, CT 06126-1557
`860-522-1196
`860-246-5847 (fax)
`rsullivan@riscassidavis.com
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`7
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`Case 3:21-cv-00857-KAD Document 1 Filed 06/23/21 Page 8 of 8
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF CONNECTICUT
`_____________________________________
`
` )
`ERIN LEVINE, )
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`Plaintiff,
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`v.
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`CVS PHARMACY, INC.;
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`CONNECTICUT CVS
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`PHARMACY, LLC; and )
`FOURSTAR GROUP USA, INC.,
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` )
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`Defendants
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`_____________________________________)
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`DEMAND FOR JURY TRIAL
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`Pursuant to Fed. R. Civ. P. Rule 38, the plaintiff in the above-captioned matter hereby
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`demands a trial by jury on all issues.
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`The Plaintiff,
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`Dated: June 23, 2021
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`/s/ Ryan K. Sullivan
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`Ryan K. Sullivan
`Federal Bar No.: CT 30904
`RisCassi and Davis, P.C.
`131 Oak Street, P.O. Box 261557
`Hartford, CT 06126-1557
`860-522-1196
`860-246-5847 (fax)
`rsullivan@riscassidavis.com
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`8
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