CHARLESTON – A Kanawha County couple is suing Merck & Co. after a man claims he was injured by the use of an anti-itch spray and the defendants have denied all allegations against them.
Merck & Co.; Insight Pharmaceuticals Corp.; and Wal-mart Stores Inc. all were named as defendants in the suit.
Insight and Wal-mart claim the plaintiffs' complaint "fails to state a claim" against the defendants, according to their Oct. 31 answer.
Insight and Wal-mart deny all facts and allegations contained in the complaint.
Raymond Justice purchased a 4.5 ounce bottle of Ting itch-relief spray, according to a complaint filed Aug. 14 in Kanawha Circuit Court and removed to federal court on Oct. 23.
Justice and his wife, Drema Justice, claim the product caused Raymond Justice harm.
Ting is manufactured by Schering-Plough, which was purchased by Merck, according to the suit, and is distributed by Insight and sold at Wal-mart.
The plaintiffs claim Raymond Justice used Ting in August 2013 to relieve and itch and the spray burned his skin, causing him to seek medical treatment at an urgent care facility.
The defendants owed the plaintiffs a duty of care in providing, promoting and selling their products on West Virginia, according to the suit.
"Defendant breached said duty by providing/manufacturing/distributing/offering for sale Ting," the complaint states. "Defendants [breach] ... caused plaintiffs harm."
The plaintiffs claim the defendants are liable for the injuries Raymond Justice sustained due to the defective product.
The Justices are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by D. Adrian Hoosier II of the Hoosier Law Firm PLLC.
Insight and Wal-mart are being represented by Heather M. Noel and Sara E. Brown of MacCorkle Lavender PLLC.
U.S. District Court for the Southern District of West Virginia case number: 2:14-cv-27203