Lawsuit against Kotex for losing leg due to TSS

[CallmeChaCha]

See, that's where I get confused. IF (and only if) they can establish the material makes a difference, then this isn't a "shit happens" situation. It's a situation where a company used a substance that was cheaper, maximising profits and putting people at risk.

That someone might be ill and not remove their tampon is very much a foreseeable event. (Heck, someone might be drunk and not remove their tampon. Or might just forget.)

This whole - well, it's not Kotex's fault: Why is everyone so damn sure they know the answer to that question? no one actually knows that right now. That's the point of the trial. information held by the company has to be disclosed, the science is scrutinised and a balancing is carried out. Right now, that information isn't in front of us.

But hey. If you're all so sure you know the answer, I'm glad there's a system that's not trial by internet to examine the actual substance of the claim.

Re the mother - she doesn't owe a duty of care to the adult child, so there would be no grounds to sue.

How does Kroger fit into all that, though? I get what you're saying about Kotex and their use of certain materials, but Kroger? Are they responsible simply for carrying that brand? What would be the purpose of throwing Kroger in the lawsuit?

[DGayle]

But...but...but.... the giant corporation might lose some profit margin if they used safe materials! We can't expect them to do THAT ! People dying or losing limbs is just a normal risk of being alive -- we can't expect less toxic products , why that would be crazy ! :naughty: :roll:

Cheaper or not, they used materials deemed safe through research. Rayon and cotton is safe enough to be used for surgical dressings. It's not like Kotex is using banned materials or whatever happens to be laying around. If the fiber blend used wasn't safe, it wouldn't be allowed.

They didn't put out a toxic product. Do you know what a toxic product is? I don't think so. They put out a product that's safe when used as directed, not a product with bacteria. She didn't use it as directed. Her body had the bacteria. Her body used the tampon to create a toxic environment. Realistically, no matter what the tampon was made out of, she was going to get that sick. Wearing the same tampon for DAYS is going to likely end badly, whether it's rayon-cotton or all cotton.

Even those cups made from medical-grade silicone are dangerous is they're left in too long.

I guess women are just too stupid, and we need a company over us monitoring us closely to make sure we don't use products wrong.

[DGayle]

That someone might be ill and not remove their tampon is very much a foreseeable event. (Heck, someone might be drunk and not remove their tampon. Or might just forget.)

So what the fuck is your proposed solution to make sure that this product can never, ever, ever be misued? Should Kotex have to start sending out monitors to remove tampons people chose to use while drunk or sick? There is no way to 100%-idiot-proof society. Literally no matter what's done, shy of sending out a personal monitor, there's going to be a chance somebody will use a product wrong. Even if they put an antibacterial agent in the tampons (which would create another major problem since antibacterials would kill even the good stuff our vaginas need), that wouldn't last for DAYS.

Maybe the solution could be to force women who want tampons to go be tested for the bacteria and, upon being found negative, be put into an educational program. After that, she can be given a prescription from her doctor that she can used to buy a box a month. Does that sound better? The problem still is people can still get drunk and still decide to use tampons when they're already not feeling well.

Since that's not a realistically workable solution, what's your proposed solution for making a tampon that's safe to keep in for a few days?

This whole - well, it's not Kotex's fault: Why is everyone so damn sure they know the answer to that question? no one actually knows that right now. That's the point of the trial. information held by the company has to be disclosed, the science is scrutinised and a balancing is carried out. Right now, that information isn't in front of us.

If Kotex made a faulty batch, there would have been a lot more people sick. I don't know why you're so invested in trying to say that that girl has no responsibility in this, but this was caused on her end. Sick or not, she left the tampon in for days too long. We're not even talking just overnight. Days. So yes, we know Kotex isn't at fault here. Just by the girl's admission alone, she used the product wrong.

[Mama Mia]

Cheaper or not, they used materials deemed safe through research. Rayon and cotton is safe enough to be used for surgical dressings. It's not like Kotex is using banned materials or whatever happens to be laying around. If the fiber blend used wasn't safe, it wouldn't be allowed.

They didn't put out a toxic product. Do you know what a toxic product is? I don't think so. They put out a product that's safe when used as directed, not a product with bacteria. She didn't use it as directed. Her body had the bacteria. Her body used the tampon to create a toxic environment. Realistically, no matter what the tampon was made out of, she was going to get that sick. Wearing the same tampon for DAYS is going to likely end badly, whether it's rayon-cotton or all cotton.

Even those cups made from medical-grade silicone are dangerous is they're left in too long.

I guess women are just too stupid, and we need a company over us monitoring us closely to make sure we don't use products wrong.

Bullshit. The materials used are absolutely not safe for use in tampons. Did you read anything about the history of TSS and synthetic materials in ultra absorbent tampons? There is a very good article that explains it linked right there in the original story. Also, using the name " Natural Choice" clearly would lead the consumer to believe that those dangerous synthetic materials are not in the produce. It was misleading at best, flat at fraudulent at worst.

" If the fiber blend used wasn't safe it wouldn't be allowed" That would be funny if it wasn't so sadly gullible.

Tampons are actually classified as medical devices, here's some info on the safety testing that goes into medical devices:

http://www.consumerreports.org/cro/maga ... /index.htm

[jaelh]

So what the fuck is your proposed solution to make sure that this product can never, ever, ever be misued?

my fucking proposed solution is why the fuck don't we wait and see if indeed there is a fucking easy way to make a safer product? Seriously. There is no absolute duty (i.e.: something that can never, ever be misused). There is only a duty to take reasonable care. The manufacturer of a product that can be easily and obviously misused needs to take reasonable care to avoid harm to consumers, even if they misuse the product. If, indeed, Kotex did not take reasonable care, then my fucking solution would be that they fucking do.

Fair enough?

I realise you seem to have decided you know what reasonable conduct in this situation is. Me, I'm saying, we don't actually know that because we don't know what evidence there is about the products/her conduct etc. I'm not saying Kotex actually has to do anything at all. However, if there IS something they reasonably should have done, then fuck yes. I want them held to that.

. So yes, we know Kotex isn't at fault here. Just by the girl's admission alone, she used the product wrong.

No we don't know Kotex isn't at fault. Because you're misunderstanding what the fault would look like. The most reasonably foreseeable thing in the world is that people are going to fail to take reasonable care for their own safety. Blind freddy could see people leaving their tampon in. I know someone who found a tampon several weeks after their period ended. There have been coronial examinations that have revealed tampons in the bodies of post-menoposal women, forgotten and left for years. This isn't a one off, never actually happens to reasonable people situation.

If it is obvious that something might happen, then Kotex has to take reasonable care to avoid harm occurring as a result. And again, it's not an absolute duty. they only need to take reasonable care. I mean, it's not like we might imagine a company uses a product to increase their profit by pennies on the box, no? If it is only pennies in cost to the consumer or profit, why would we not want them to improve the product? If it was $5 per pack, might be a totally different story. I realise you quoted somewhere back on this thread it's twice the price to use cotton - if that's correct, well, that'd be part of the equation in working out if spending the money would be reasonable.

Unlike you, apparently, I know little about the physical properties of tampons, or personal hygiene manufacturing costs. I trust the trial will uncover such information. With accurate information, not conjecture, I trust a reasonable decision will be made.

CallmeChaCha - I don't know what argument they'd bring against Kroger. Maybe failing to take reasonable care to ensure the products they stock are safe? No idea. Would need to look at the trial docs.

Last thing: I'm not saying this woman is correct; i'm just surprised there is such venom for her simply bringing the case. FWIW: If she's can't make out her claim, she'll be liable for Kotex's costs in fighting the matter. She'll be economically destroyed. Moreover, if there is no case, there is no way it'd make it to trial. It'd be thrown out before hand; no lawyer would take the matter - I mean, how is this being paid for? It's going to cost her a fortune. If it's a no win-no fee situation, there is no chance in hell it'd be bought unless there was a really, really, really good chance of her winning. (Unlikely to be though; I can't imagine a firm would want to take the risk).

Does that make everyone feel a bit better? If she's wrong, economic destruction. If she's right, well, heck. That's a damn good thing it's going to trial.

edited to make sense.

[DGayle]

Millions upon millions of tampons are used a month, and TSS is rare when used right. Not all synthetic fibers are safe, no, but many are, and rayon's used in surgical dressings. I guess hospitals should come under fire for using "dangerous" fibers.

[Mama Mia]

I swear to God whenever the discussion on Free Jinger ventures into medical or corporate negligence or greed I think I've somehow hit the wrong tab and got sucked into a thread on Faux News or Right Wing-nut Daily . :shock: :ew: . It's so weird.

[Maggie Mae]

I swear to God whenever the discussion on Free Jinger ventures into medical or corporate negligence or greed I think I've somehow hit the wrong tab and got sucked into a thread on Faux News or Right Wing-nut Daily . :shock: :ew: . It's so weird.

This is something that always confuses me about FJ. However, I've noticed (recently) that FJ is conservative about big corporations in general. For all I know, at least a few members are paid to post here (and other message boards) and gently swing the conversation.

Then again, I've noticed the pendulum swinging to the right elsewhere as well. Maybe it's just an overall swing, worldwide.