Alexis Leah Freeman Gibson v. Consumer Testing Laboratories, Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
This case arises from the tragic death of a five-year-old boy, Wyatt Gary Gibson. Plaintiffs allege that Wyatt died from melioidosis, an infectious disease caused by a tropical bacteria called Burkholderia pseudomallei. They further allege that he was exposed to the bacteria by a contaminated Better Homes and Gardens Essential Oil Infused Aromatherapy Room Spray with Gemstones, Lavender & Chamomile (“BHG Aromatherapy Product”). Wyatt’s parents purchased the BHG Aromatherapy Product from a Walmart store in Calhoun, Georgia in early 2021 and used it in their home. Wyatt passed on July 16 of that year. By November, the Consumer Product Safety Commission and Walmart had
recalled six different scents and nearly 4,000 bottles of the BHG Aromatherapy Product after the Centers for Disease Control and Prevention found Burkholderia pseudomallei in the product line. See CDC Lab Testing Confirms Cause of Melioidosis Outbreak, Ctrs. for Disease Control and Prevention (Oct. 26, 2021), https://archive.cdc.gov/www_cdc_gov/media/releases/2021/p1026-melioidosis- outbreak.html [https://perma.cc/2DQY-SN8F]. It had been sold by Walmart online and…