In the first case of its kind, the High Court in London considered a claim for damages against Tambrands, the makers of Tampax, for not providing sufficient warning about toxic shock syndrome.
However, a submission of no case to enter was successfully made by the defendant’s solicitors Davies Lavery (DL).
The claimant, Alison Worsley, alleged that in 1994 she suffered toxic shock syndrome as a consequence of the use of Tampax Regular.
But the judge agreed with Davies Lavery and held that the warnings on the product box and the information on the accompanying leaflet did not fall below the standards which might generally be expected.
Tracy Head, litigation partner at Davies Lavery, commented: “This is an excellent and right result for the industry. If the sort of warnings used in this case were not sufficient, it is difficult to envisage exactly what a manufacturer would have to do to make products safe. If the claimant had succeeded it could have had far-reaching ramifications for British manufacturers as a whole.
“TSS is a rare disease and it can occur in men, children and non-menstruating women. Despite 20 years of research, the cause of TSS whilst using a tampon is still unresolved.”
