The plaintiffs seek justice for the physical and emotional trauma inflicted upon them by the unsafe and negligently marketed infrared light therapy heat lamps. The suit was filed by the law firms of Pfau Cochran Vertetis Amala PLLC and Hayes Law, A.P.C.
Amanda Jeffries, a resident of Jefferson County, Colorado, and Wendy Hummer, a resident of Cuyahoga County, Ohio, both purchased Serfory Near Infrared Light Therapy Heat Lamps from Amazon.com. The lamps, which were intended to aid in healing and tissue repair post-surgery, instead resulted in full-thickness third-degree burns, causing permanent disfigurement and scarring. The women relied on the high ratings and Amazon Prime eligibility of these products, trusting Amazon’s platform for their safety and efficacy.
Darrell L. Cochran, lead attorney on the case with Pfau Cochran Vertetis Amala PLLC stated, “Our clients placed their trust in Amazon and the safety of the products sold on its platform. They were betrayed, leading to life-altering injuries. We aim to hold Amazon and the responsible manufacturers accountable for their actions.”
BACKGROUND
After undergoing corrective surgery for Diastasis Recti, Ms. Jeffries purchased the heat lamp based on recommendations from a support group and Amazon’s high product ratings. Despite following the product’s instructions, she suffered severe burns, leading to significant medical treatment, including debridement and scar revision surgery. Ms. Jeffries continues to endure physical and emotional pain, along with a permanent, disfiguring scar.
Ms. Hummer purchased the same heat lamp following multiple surgeries, including a hysterectomy and abdominoplasty. After using the lamp as instructed, she also sustained third-degree burns, necessitating extensive medical treatment. Despite ongoing efforts to treat the injury, Ms. Hummer remains with a significant scar and continues to suffer emotionally and physically.
AMAZON’S LIABILITY
The lawsuit alleges that Amazon, as a direct retailer and distributor of the defective heat lamps, failed in its duty to ensure the safety of the products sold on its platform. The complaint outlines Amazon’s significant role in the distribution chain, from storing and shipping the product to handling customer transactions. Furthermore, the manufacturers, Serfory and Shenzhenshi Hongge Technology Co., Ltd., are accused of producing and selling a product that was not reasonably safe for its intended use, lacking adequate warnings and instructions.
Amazon and the other defendants are accused of negligence in the design, manufacture, distribution, and sale of the heat lamps. The lawsuit highlights their failure to provide adequate warnings about the risks associated with the product’s use, especially post-surgery.
The suit accuses Amazon of breaching express and implied warranties, including the warranty of merchantability and fitness for a particular purpose, misleading the plaintiffs into believing the heat lamps were safe.
It also argues Amazon and the other defendants failed to exercise reasonable care in warning users of the heat lamps’ potential to cause burns, leading to severe injuries to the plaintiffs.
NATIONAL IMPLICATIONS
The suit is one of many filed against Amazon in a number of states for selling dangerous or defective products. The company argues that it is merely a platform for sales and is not responsible for the actions of individual manufacturers and sellers. But according to Cochran, Amazon continues to skirt consumer protection laws and should be held accountable for selling “shoddy” products it knows can cause injury.
“This is an extremely important case not only for our clients, but all consumers. Amazon has a virtual monopoly, and it has a responsibility to safeguard its customers. No one should have to worry whether a product sold on Amazon is going to cause serious, life altering injuries. And the company can no longer hide behind its arguments of immunity. With this case and many others, we intend to bring enough pressure to bear that the company finally changes its practices, steps up, and starts doing the right thing,” Cochran stated.
Ms. Jeffries and Ms. Hummer seek compensatory damages for their medical expenses, physical and emotional suffering, and permanent disfigurement. They also seek punitive damages to hold Amazon and the other defendants accountable for their negligence and to prevent similar incidents in the future.
Media Contact
Josh Kerns, PCVA Law, 1 206-920-1482, [email protected], www.pcvalaw.com
SOURCE PCVA Law
