Parents Allege Their Child Died After Exposure to Contaminated Better Homes and Gardens Room Spray
Last Updated on October 1, 2024
Gibson v. Walmart Inc. et al.
Filed: February 7, 2022 ◆§ 5:22-cv-00238
Walmart, Flora Classique and Meredith Corp. face a lawsuit in which two parents allege the companies negligently introduced into the market contaminated aromatherapy room spray.
Walmart, Flora Classique and Meredith Corporation face a wrongful death lawsuit in which two Georgia parents allege the companies negligently introduced into the market an aromatherapy room spray contaminated with a deadly bacterium rarely found in North America.
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The 17-page case says the plaintiffs’ five-year-old son died after being exposed to the allegedly contaminated, and now-recalled, Better Homes and Gardens Essential Oil Infused Aromatherapy Room Spray with Gemstones, Lavender & Chamomile. The lawsuit alleges the product, designed to impart a pleasant smell, was contaminated with Burkholderia pseudomallei, a rare and deadly bacterium found predominantly in Southeast Asia that can cause melioidosis, also called Whitmore’s Disease.
The complaint says Walmart, Flora Classique and Meredith Corporation were responsible for the design, manufacture, testing, distribution and retail of the recalled Better Homes and Gardens (BHG) room spray. The companies were similarly obligated to have in place proper procedures that would prevent contamination of the affected room sprays with bacteria yet tested the India-made products without consideration for the presence of bacteria, the suit claims.
The lawsuit, which was not filed as a proposed class action, alleges that the Better Homes and Gardens aromatherapy room spray was “defective” and unreasonably dangerous at the time it left the defendants’ possession.
“At all times relevant, Defendants were required to follow Good Manufacturing Practices (‘GMP’) with respect to the manufacture and distribution of the Subject BHG Aromatherapy Product,” the filing reads. “Upon information and belief, Defendants failed to follow GMP with respect to the manufacture and distribution of the Subject BHG Aromatherapy Product.”
According to the lawsuit, the bacterium Burkholderia pseudomallei only occurs naturally in the United States in Puerto Rico and the U.S. Virgin Islands. Infection with Burkholderia pseudomallei—the causative agent of melioidosis—presents a serious risk of death given eradication of the antibiotic-resistant organism following infection is difficult, the suit relays.
The case says the mortality rate for children infected with Burkholderia pseudomallei has been reported to be as high as 35 percent.
Melioidosis is typically found only in individuals who have been exposed to environments containing Burkholderia pseudomallei, and infection happens through “cutaneous inoculation, inhalation, and aspiration,” the lawsuit states, noting that it is “very rare for people to get the disease from another person.” According to the complaint, melioidosis can manifest an array of signs and symptoms, including, but not limited to, localized pain and swelling; high fever; ulceration; cough; chest pain; headache; respiratory distress; abdominal discomfort; joint paint; disorientation; weight loss; central nervous system/brain infection; seizures and death.
Due to the array of nonspecific symptoms, melioidosis can initially be mistaken for another disease, such as pneumonia, the suit relays.
The plaintiffs state in the lawsuit that in July 2021, their son became ill with “fatigue, nausea, vomiting, weakness, shallow breathing, and moderate dehydration” before dying. The lawsuit says the child’s initial death certificate incorrectly stated that the cause of his death was COVID-19, yet post-mortem testing has identified melioidosis as the cause of death.
According to the complaint, the Centers for Disease Control and Prevention concluded that four cases of melioidosis in Georgia, Kansas, Minnesota and Texas last year “closely match,” indicating they most likely shared a common exposure source, namely the BHG room spray.
The specific Better Homes and Gardens room sprays that were recalled by Walmart include the Lavender & Chamomile, Lemon & Mandarin, Lavender, Peppermint, Lime & Eucalyptus and Sandalwood & Vanilla varieties. The products were sold at Walmart stores in Georgia, Alabama, Colorado, Florida, Iowa, Illinois, Indiana, Kansas, Minnesota, Missouri, New Mexico, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, and Wisconsin, the case states.
The lawsuit, initially filed in Riverside County Superior Court on January 7, was removed to California’s Central District Court on February 7, 2022.
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