How Can Products Liability Law Hold Manufacturer’s Responsible for Toxic Shock Syndrome?

Toxic shock syndrome (TSS) is a phrase that many women have heard of as a potential complication to using tampons but may not realize the full extent of the injuries it can cause. Tampon manufacturers attempt to absolve liability for the condition by putting warning labels on the fine print on their tampon feminine hygiene packaging but products liability law may be used to hold them accountable.

What is the true danger of TSS?

TSS is a potentially fatal bacterial infection such as staph. An American model named Lauren Wasser has shared her horror story with TSS following her 2012 incident with a superabsorbent Kotex tampon. After spiking to a 107 degree fever Lauren suffered a massive heart attack. When she awoke she discovered that doctors would need to remove part of her right leg in order to save her life. She has suffered ongoing complications, however, and fears that she will lose her left leg as well.

Voluntary FDA approval process

While manufacturers of labeled intermediate risk products like tampons must seek FDA clearance before selling them in the US, there is no mandatory disclosure about microbiology testing or materials used such as chemicals, additives and finishing agents. This means that a woman choosing a tampon brand without this disclosure has no real way to know if the brand’s tampons cause enhanced bacteria growth including those forms that cause toxic shock syndrome.

In addition to warning women about the possible risks caused by tampons and other feminine hygiene products, Wasser is pushing legislators to pass laws that would force the National Institutes of Health to determine if certain elements used to manufacture feminine hygiene products are safe.

In light of the lack of transparency on manufacturer materials and processes, it is important for consumers to advocate for themselves by doing research into product safety. Reading online reviews and utilizing the US Consumer Product Safety Commission’s Consumer Product Safety Database are good places to start. Consumers are encouraged to visit www.SaferProducts.gov to submit reports of harm or risks of harm, and to search for safety information on products they already own or are considering buying.

Products liability law

Products liability law is usually established by the state. It is a set of legal rules that define who may be held liable for injuries caused by defective or dangerous products. These rules are different than for other types of personal injury cases. Generally, products liability law mandates that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product has broken this rule.

Defective or dangerous products injure thousands of Americans every year. When a manufacturer knows that their products can cause harm but chooses not to disclose this information they are knowingly selling a dangerous product to end consumers and may be liable for injuries.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other negligent behavior. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.