NEW ORLEANS - A St. Tammany Parish woman has filed a lawsuit against the manufacturers of Kaboom Foamtastic Bathroom Cleaner with Oxi after allegedly suffering respiratory distress from using the cleaner.
Joy Elguezabal filed suit against Church & Dwight Co. Inc. on May 24 in federal court in New Orleans.
Elguezabal states that she had to be hospitalized on June 3, 2011 with acute respiratory distress and chemical pneumonitis after she used the product Kaboom Foamtastic Bathroom Cleaner with Oxi the previous night.
The defendant is accused of negligence and breach of express warranties and implied warranties. Elguezabal states that the product is unreasonably dangerous in its construction or composition, in its design, had inadequate warnings, did not conform to an express warranty, presented an unreasonable risk of harm, and was not fit for its intended purpose.
The plaintiff is seeking an award of damages for pain and suffering, medical expenses, mental anguish, psychological injuries, loss of enjoyment of life, permanent disability, court costs, and interest.
Elguezabal is represented by Carter B. Wright of Covington and Joseph A. LoCoco and Virginia L. LoCoco of LoCoco and LoCoco in D'Iberville, Mississippi. A jury trial is requested.
U.S. District Judge Nannette Jolivette Brown is assigned to the case.
Case No. 2:12-cv-01346