A Jefferson Parish woman is suing a cold therapy ice pack manufacturer claiming she suffered tissue damage from its prolonged use.
Toleda Rotolo filed suit against DeRoyal Industries Inc. on May 16 in federal court in New Orleans.
The product at issue, referred to as a DeRoyal T505 or CTU, was developed to help the reduction of ice melting during the duration of cold therapy. According to the lawsuit, the ice is insulated in an ice-chest and cold water is circulated through a hose to pad that would be wrapped around the injury site.
In Rotolo's case, the reduced blood flow for long periods of time at colder temperatures allegedly caused tissue injury including tissue death. She states she began using the product in November 2008 for approximately two months. She did not discover the cause of her other injuries until seeing a television advertisement about a possible connection between the problems she was experiencing and the use of the CTU.
The plaintiff is seeking damages for pain, suffering, inconvenience, emotional distress, medical expenses, disfigurement, physical impairment, loss of enjoyment of life, loss of earnings, loss of earning capacity, interest and court costs.
Rotolo is represented by Andrew A. Lemmon and Irma L. Netting of Lemmon Law Firm in New Orleans and William J. Maiberger, Jr. of Watts Guerra Craft in San Antonio. A jury trial is requested.
U.S. District Judge Martin L. C. Feldman is assigned to the case.
Case No. 2:11-cv-01147