X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The first latex glove allergy case to be tried in a federal court resulted in a win for Baxter Healthcare Corporation. In June, a Minnesota jury absolved the medical products maker of any liability in causing plaintiff Mary Beth Kennedy’s allergic reactions. The victory could inoculate Baxter against further latex threats. More than 400 federal suits have been consolidated into a multidistrict litigation in Philadelphia district court, and the first case is set for trial this fall. Kennedy’s suit was removed from the MDL last year after her lawyers argued that she was near death due to the severity of her latex allergy. They claimed that Baxter’s medical gloves, which Kennedy had to wear as a nurse, contained unreasonably high levels of latex proteins, and that the company had failed to warn users about their potential risks. Baxter’s lawyers argued that their gloves weren’t to blame since Kennedy-who survived her illness-suffered from multiple allergies. This is the fifth latex case that Baxter has litigated since 2000, but the first federal suit. Of the four state cases that the company has litigated, all have been dismissed or settled. Baxter has reached out-of-court settlement in most of the remaining 500 state claims against it. The latex glove unit was spun off in the late 1990s and subsequently acquired by Cardinal Health, Inc. For plaintiff Mary Beth Kennedy (International Falls, Minnesota) Leonard, O’Brien, Wilford, Spencer & Gale (St. Paul): Thomas Atmore and Edward Gale. The firm specializes in multidistrict litigation. Doffermyre, Shields, Canfield, Knowles & Devine (Atlanta): Leslie Bryan and Ralph Knowles, Jr. The lawyers are product liability specialists who have worked with Leonard, O’Brien in the past. For defendant Baxter Healthcare Corporation (Deerfield, Illinois) In-house: Cardinal Health, Inc., assistant general counsel Ethan Trull and senior counsel George Kokkines. Trull, a former in-house lawyer at Baxter, continued to work on the company’s defense after he moved to Cardinal. Though Cardinal acquired Baxter’s glove business in 1999, it is not a party in the latex litigation. Ungaretti & Harris (Chicago): Michael Philippi, senior associate Stacey Feeley Cavanagh, and associate Shannon Capone Kirk. Ungaretti & Harris handles cases for Baxter in the Midwest. Philippi began defending Baxter ten years ago. Dechert (Philadelphia): Diane Sullivan. (Sullivan is in the firm’s Princeton office.) Sullivan defended Baxter in several breast implant cases. She handles Baxter’s latex matters on the East Coast, but was called in on the Minnesota case because of her expertise. Quarles & Brady (Milwaukee): John Rothstein. Rothstein has represented Baxter in litigation since the mid-1980s. Bowman and Brooke (Minneapolis): Kim Schmid and John Sear. The product liability litigation firm began defending Baxter in the late 1990s. OUTLOOK Pennsylvania district judge Edmund Ludwig is expected to hear at least one case from the multidistrict litigation this fall before sending the other suits back to various state courts. -Allison Fashek

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.