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Entries for the 'Latex Litigation' Category

Social Security Disability Benefits Awarded to Nurse Who Became Sensitized to Latex

Connie R. Gates, who was awarded total disability benefits by the Nebraska Workers’ Compensation Court, was awarded Social Security Disability benefits and Supplemental Security Income benefits as a result of her sensitivity to latex products. 

Oregon Court Penalizes Employer for Untimely and Unreasonable Denial of Latex Claim

 Workers’ compensation courts are now requiring employers to act swiftly in awarding benefits to workers who have been sensitized to latex products. 

New Jersey Latex Victim Awarded Continued Medical Treatment

A nurse who was exposed to latex gloves at a New Jersey nursing home has been awarded a Court-approved settlement for continuing medical treatment and medications.  

Insurance Company Ordered to Give A Computer System To A Homebound Latex Victim

A Nebraska Workers' Compensation Court has ordered that a personal computer system be furnished to a homebound former health care worker suffering from latex sensitivity. This ruling is consistent with a national trend by the courts toward the recognition of the catastrophic impact of latex allergy upon general life pursuits. 

A Latex Decision Traveling Back To The Past Instead of Into The Future

Delaware has always been known to be a corporate-friendly state, and a recent opinion in a latex claim continues to reflect that bias. The Superior Court of Delaware's ruling affirming the Industrial Accident Board's denial of benefits to a tire worker, who had been diagnosed with a latex allergy, reflects an archaic application of the rules of evidence that is inconsistent with current legal thinking. Richard Smith was employed on May 12, 1997 as a tire repairman by Service Tire Truck Center, Inc. 

Dependents of Latex Allergic Hospital Worker Awarded Workers' Compensation Benefits

 Janeth McFarlane worked at the Baptist Hospital in Florida for approximately two years prior to November 1, 1996. She had used latex powdered gloves. Her employer had ordered, but had not received, powder-less gloves. During her employment she did experience some respiratory difficulty but was unaware of the cause. On November 1, 1996, immediately after using latex powdered gloves, she went into respiratory failure. Her co-workers attempted to revive her but were unsuccessful. 

Pennsylvania Adopts The Separate Reaction Theory For Latex Allergy Claims

The Pennsylvania Workers' Compensation Appeals Board has followed the theory adopted in a majority of jurisdictions that each discrete reaction to latex products constitutes a separate injury. Even though the worker may have suffered a reaction based upon a cumulative exposure to latex at many employments, the responsibility for compensating the injured worker falls upon the employer where the reaction in question occurred. Evans v. Phoebe Berks Health Care Cr., A98-3954 (Pa.Work.Comp.App.Bd. 2000), decided Feb. 1, 2000. 

Iowa Court Liberalizes Latex Claims

In a landmark case, the Iowa Supreme Court decided that latex allergy/sensitivity claims are to be considered work related accidents rather than occupational diseases and that sensitized workers are entitled to receive workers' compensation benefits including those for loss of functional ability. The Court's decision to pinpoint the reaction to a specific event rather than to a long period of occupational exposure will make it easier, less complicated, and less costly for injured workers to claim benefits.  

United States Workers’ Compensation Programs are Becoming Sensitized to Latex

 Latex allergy sensitivity claims are becoming a more common phenomenon in workers’ compensation systems throughout the United States. Causal relationship between latex exposure and allergic reactions, including anaphylactic shock, has led to the reporting of 23 deaths to the Federal Drug Administration between 1988 and 1995. Although most commonly associated with latex gloves, natural latex rubber is used in more than 40,000 medical, surgical and household products. 

Federal Government Debates Latex Regulations

Federal agencies have not yet been able to reach a consensus regulation of latex gloves, exposure to which has resulted in a growing epidemic of allergic reactions. 

Manville Sued Tobacco Industry
 The Trustees of the Manville Personal Injury Trust and H.K. Porter Co. targeted the tobacco industry in two separate lawsuits demanding contribu...
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