I bought a shiatsu massage pillow last week from a drug store to help work out some knots in my neck. I used it twice as directed and the third time I used it, I was laying in bed falling asleep with it on (it has an auto shut off after so many minutes) and I started smelling burnt electrical smells. I woke up enough to find my massage pillow was smoking, I unplugged it and took it out side where it soldered and caught fire... I'm traumatized, if I wouldn't have woke up enough to catch it before it caught fire I could have died...
Anyone can sue for anything, but it does not appear your situation is appropriate for a lawsuit because there does not appear to be sufficient damages. If you had suffered injuries sufficient to warrant medical treatment a lawsuit could have been warranted. Without sufficient special damages (such as medical expenses and loss of earnings), the court or jury is unlikely to award much general damages (such as pain and suffering).
Lawsuit recoveries are based on actual damages. I would report this to the FTC and or your state attorney general consumer affairs division. Thank God you caught the defect when you did and you and your property and loved ones were not damaged.
The law compensates for actual damages, not what "could have" happened. Also, I do not doubt that you were traumatized. However, this most likely does not rise to the level of emotional distress that the law will recognize. The article linked in blue below explains the basis for my opinion:
There are several theories under which a consumer or user can recover for product defects - the more dominant theories being (1) Strict Products Liability, (2) Negligence, (3) Breach of Express Warranty, and (4) Breach of Implied Warranty. For all of these theories, the consumer/user needs to have suffered actual damages - not damages that would have likely occurred. In this case, although it seems that you did purchase a "defective" product - Thank God - it does not seem as though you suffered the requisite "damages" under the law. You may, however, be able to recover the purchase price and expenses related to getting a replacement.