Model Sues After Tampon Allegedly Causes Toxic Shock
Toxic shock syndrome is a rare complication of tampons. It is caused by bacteria that we all carry around with us on a daily basis. Some tampons, however, can supply the bacteria with the perfect breeding ground, causing a severe infection. That is allegedly what happened to one model who sustained a 107-degree temperature, suffered multiple organ failure, and eventually needed to have one of her legs amputated. She has since filed a lawsuit against the manufacturer of the tampon.
In this case, there are allegations that the use of synthetic fibers in tampons can increase the risk of toxic shock syndrome. In this article, we’ll explore the allegations made by the plaintiff in this lawsuit.
Research indicates that synthetic fibers tend to increase the risk of toxic shock syndrome against organic alternatives. Still, not all companies use cotton in their tampons. The plaintiffs believe that the manufacturer should be held accountable for using a less safe material.
However, all tampon boxes have warnings that include the risk of toxic shock syndrome meaning that the plaintiffs had fair warning concerning the risk.
Product liability lawsuits are filed under three theories of negligence. The first is failure to warn. In the event that a product has a noted interaction, the failure to warn is actionable when the act of warning could have prevented the injury. In other lawsuits, a plaintiff may claim the product was intrinsically defective or that there was manufacturing contamination.
In this case, toxic shock from tampons is a well-known complication. It is also quite rare. There were only 323 in 2016 and only two-thirds of those were women. It’s unclear how many were caused by tampons.
Can the model win the lawsuit?
If the model wins the lawsuit on the grounds that synthetic fibers increase the risk of toxic shock syndrome, it would be tantamount to preventing companies from using synthetic fibers in tampons anymore. Further, if the company does use synthetic fibers which increases the risk of toxic shock syndrome, then the public has a right to know that.
The company will argue that the misuse of their tampon likely increased the risk of toxic shock syndrome more than synthetic fibers did. The model will be asked how long she left the tampon in for and other uncomfortable questions that bolster the defense’s position.
However, in 2016, there were five incidents of toxic shock syndrome all associated with one brand. So, there may be potentially strong allegations the plaintiff can make.
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