To: Bert Zed who wrote (600 ) 4/30/1998 12:35:00 PM From: Jeffrey L. Henken Read Replies (1) | Respond to of 2887
April 20, 1998-Latex Allergies force makers to introduce new generation of gloves Susan M. Berg Business First Correspondent A Milwaukee jury last month awarded $1 million in damages to a health care worker in the first major case to go to trial against a manufacturer of latex examination gloves. The plaintiff was compensated for past and future medical bills; past and future lost earnings, and pain and suffering related to symptoms caused by her sensitivity to the proteins in the latex. Columbus attorney Doug Roberts, a partner in the law firm of Clark Perdue Roberts & Scott, predicts the landmark case will have a tremendous effect on the medical business community. Momentum has actually been building toward that for quite some time. More and more hospitals, including Ohio State Medical Center, have become "latex safe" or "latex free" during the past year. Beginning in September, the U.S. Food and Drug Administration will require manufacturers to place warning labels on all latex products. In addition to that, manufacturers will no longer be permitted to label any latex gloves as hypoallergenic. "This is a great example of how the product liability system forces the manufacturer to make their products safer," said Roberts. Latex sensitivity affects an estimated 10 to 15 percent of all health care workers, according to the Torrington, Conn.-based Latex Allergy Information Service. Symptoms can range from a simple rash to a complete shutdown of vital systems as a life-threatening anaphylactic shock sets in. Tactile contact isn't even a prerequisite for a severe reaction. Respiratory problems and other serious ailments can occur when the latex allergen becomes airborne. That can happen quite readily when the cornstarch used to make the gloves slip on the hands more easily is inhaled along with the allergen that has attached itself to the powdery substance. Latex allergies have skyrocketed since 1987 when the Centers for Disease Control and Prevention in response to the AIDS epidemic ordered health care workers to wear gloves during all patient procedures. Within a 10-year period, the number of medical gloves imported to the United States soared from 2.5 billion to 15.4 billion. In 1996, the Association of Trial Lawyers of America formed a Latex Allergy Litigation Group. All federally filed latex glove product liability cases were joined together for discovery purposes in the Multi-District Litigation in Philadelphia, where more than 200 cases are currently pending. Roberts, a member of the MDL steering committee, has speculated that the number of latex glove lawsuits will eventually rival what's been seen recently with breast implant litigation. Nevertheless, many cases are being thrown out in Ohio and other states because the statute of limitations for filing expires before the problem is accurately diagnosed. It's not uncommon for some people to be completely asymptomatic during the sensitization process, according to Roberts. "You have two years from the time you were aware of the first symptoms to file a product liability claim in Ohio," he said. "But this is a matter of being slowly poisoned and it can take longer than that for people to become sufficiently sensitized to the proteins in the gloves." Some plaintiffs have resorted to filing their claims in states, like Maine, that have longer statutes of limitation. Most manufacturers of latex gloves now use a washing or leaching process to remove proteins from the latex concentrate. Many substitute a lubricant for the cornstarch to further minimize the risk of latex allergies. Carol Jacobson, a registered nurse and director of safety for Ohio State University Medical Center, is overseeing the hospital's transition to using only latex-free gloves to create a "latex safe" environment (other medical products, however, may still contain latex ). "We're really trying to be proactive about this matter," said Jacobson. "We took a good look at our total environment to see what we could change." Roberts anticipates the problem will be all but eradicated in the next two years through precautions taken by both the manufacturers and the health care industry. But in the meantime, he expects to be busy with clients seeking damages for illness and disability before such measures were commonplace. c 1998, Business FirstOther medical products, however, may still contain latex! American BioMed has now signed 12 distributors covering all of North America, lets hope they can use this kind of news to help promote American BioMed's complete line of 100% silicone catheters. GO ABMI! Regards, Jeff