Lawsuit against Kotex for losing leg due to TSS

[ShepherdontheRock]

I've been seeing this popping up in my FB newsfeed with mixed reactions from the posters.

Any thoughts?

http://www.vice.com/read/meet-the-model ... ndrome-611

[SpeakNow]

Not sure how I feel about this. All tampon boxes have warnings. It's her fault she didn't read them.

[ShepherdontheRock]

Not sure how I feel about this. All tampon boxes have warnings. It's her fault she didn't read them.

Yes. She probably shouldn't have kept the tampon in for that long. Doesn't mean she deserved to almost die and lose her leg. And I don't think she has that good a chance of winning vs. Kotex.

But I do think they need to better educate girls in schools about the warning signs of TSS, and tampon boxes need to have the information that's normally on the info packet on the outside of the box; I think it's weird that you have to actually buy the box to read/fully understand the risks.

I mean, I stopped using tampons once I found out about menstrual cups...cleaner, and it's safe to wear overnight.

[DGayle]

She admits her mother taught her. Also schools can't teach every warning for every product. It's on the box. It's on the insert wrapped over the top of the tampons. She wasn't feeling well, and left in in for how many days?

I don't see how Kotex is negligent in this. What were they supposed to do, go remove it for her after 4 hours? Her attorney's going to argue that "change every 4-6 hours, including overnight," can be misunderstood as you can leave it in overnight, but since overnight can be 8 hours to a person and 16 hours to another, that that makes Kotex responsible for her leaving it in for days. Sorry, but no. Sucks she nearly died and did lose a leg, but how is Kotex on the hook?

Shepherd, there's only so much space on the outside of the box. They can't put the full information there. The boxes do say there's a risk, and read the enclosed information. That lady had been using them for years, which means many chances to read and decide what risk she wanted to take or change her mind whenever. She chose the tampons even though she knew the risk, and then she left it in for days.

[FundieFarmer]

I'm confused. When the article said she was feeling "off", was she already coming down with TSS and just got tampons anyway? Or was she sick with something else, slept forever, and that's when the TSS started after which she left the first one in for days?

Either way...this is not wonderful. But I think that part will determine a lot about how this case goes. That, and how often she regularly changed it.

On a related note...she placed a lot of emphasis on not feeling pretty now. I get she feels she lost something there, but at that point I'd just be thankful to be alive. It could have been so much worse.

[Buzzard]

Not every tragedy that befalls us is someone else's fault. Sometimes shit just happens. There is no way that she didnt know was TSS was - its on the box, the tampon, the commercial... Kotex didnt insert the tampon into her, there was nothing defective in the product that caused the bacteria to grow, there was nothing that they could have done to prevent the infection.

What happened to her is tragic but that doesnt mean that a company is at fault.

[tropaka]

She was sick before leaving the tampon in longer (due to illness). If she was changing it every 3 to 4 hours up until then, how is Kotex liable? I hate that they wrote the tampon tested positive for TSS - no, it tested positive for staph (knit picking, I know).

[sparkles]

I went through menopause ages ago (YAY!) and to be honest, until I read this article, I'd completely forgotten about TSS and was surprised it was still an issue. I think one of the arguments they're going for is that there are safer materials that can be used—natural as opposed to synthetic—as well as arguing that the warnings should be stronger. (Since I haven't used or looked at tampons in ages and my daughter uses pads, I have no idea how the current warnings are worded.) Still, even though I hate to play "blame the victim" I'm not seeing how Kotex is liable.

I do have to say that the styling and photography didn't do her any favors. It's like she was playing dress-up—Poor Little Goth Girl—and it took the focus away from the thrust of the story. It's indeed tragic that she lost her leg and is still somewhat in danger of losing the other foot, but she came off as kind of a petulant brat who was far more worried about no longer being "that girl," which I certainly hope is not the case.

[nausicaa]

She was sick before leaving the tampon in longer (due to illness). If she was changing it every 3 to 4 hours up until then, how is Kotex liable? I hate that they wrote the tampon tested positive for TSS - no, it tested positive for staph (knit picking, I know).

Yeah, I was super confused as well. When she was getting sick at that party, it sounded like the tampon had been in for less than four hours at that point. Was that the beginning of TSS or a non related illness? If it's the latter, she then passed out for what seems like much longer than 4-6 hours, hence violating the guidelines on the box (I realize she was sick and it wasn't her fault, but still doesn't seem like it would stand up in court.)

[ShepherdontheRock]

Not every tragedy that befalls us is someone else's fault. Sometimes shit just happens. There is no way that she didnt know was TSS was - its on the box, the tampon, the commercial... Kotex didnt insert the tampon into her, there was nothing defective in the product that caused the bacteria to grow, there was nothing that they could have done to prevent the infection.

What happened to her is tragic but that doesnt mean that a company is at fault.

Not that I think that the company is necessarily at fault here...but I haven't seen warnings about TSS on tampon commercials...I think they might be on the back of print ads, but I've never seen them or heard them read aloud on youtube/TV commercials... maybe they're in fine print

[OkToBeTakei]

I had a quick look after reading the article, she seemed I don't know a bit entitled in her opinions maybe my reading of the article.

Anyway she has a public instagram where she asks the lovely question of another model being on the cover of Sport's Illustrated ...why is that fat bitch on the cover again (words to that effect.) Charmer. Comments are not particularly nice.

I feel sorry for her situation, I also feel she is looking for someone to blame.

[Bethella]

If she's suing Kotex why isn't she suing the police officer and her mother for failing to get her to the hospital sooner? If they had she might not have lost the leg.

[FullmoonOverDuggardWaters]

Yes, my first thought is, if there is to be a lawsuit, it would be negligence against the city, and their PD, who came for a wellness check. But there is greater potential in the corporate case, and in the supplier/carrier.

However, I can relate to this story extremely well! I have been through a similar experience with similar, or rather, more, extreme loss. It is unfair that losses are suffered around the world; mind you, the exact same losses, and only the few and far between receive settlements and benefits because they happen to be in America where the laws allow for such extreme lawsuits. You loose your identity, you lose your humanity even, having lost such freedoms. One cannot comprehend the value in every little freedom we have gifted, until we realize it has been taken for granted. In turn, one looks for a reason, a cause - anyone to blame but yourself; because the thought of your having done this to yourself is a very hard, nay - painful, pill to swallow.

[anjulibai]

I went through menopause ages ago (YAY!) and to be honest, until I read this article, I'd completely forgotten about TSS and was surprised it was still an issue. I think one of the arguments they're going for is that there are safer materials that can be used—natural as opposed to synthetic—as well as arguing that the warnings should be stronger. (Since I haven't used or looked at tampons in ages and my daughter uses pads, I have no idea how the current warnings are worded.) Still, even though I hate to play "blame the victim" I'm not seeing how Kotex is liable.

I do have to say that the styling and photography didn't do her any favors. It's like she was playing dress-up—Poor Little Goth Girl—and it took the focus away from the thrust of the story. It's indeed tragic that she lost her leg and is still somewhat in danger of losing the other foot, but she came off as kind of a petulant brat who was far more worried about no longer being "that girl," which I certainly hope is not the case.

That's an easily counterable argument - she could have just bought natural products. Tampons as they are currently manufactured are perfectly safe if used correctly.

I don't use tampons (my ph balance goes out of wack easily, so I can't use them) and even I know that you have to change them every few hours, and it's not even the best idea to use them overnight.

[eri]

Yes. She probably shouldn't have kept the tampon in for that long. Doesn't mean she deserved to almost die and lose her leg. And I don't think she has that good a chance of winning vs. Kotex.

But I do think they need to better educate girls in schools about the warning signs of TSS, and tampon boxes need to have the information that's normally on the info packet on the outside of the box; I think it's weird that you have to actually buy the box to read/fully understand the risks.

I mean, I stopped using tampons once I found out about menstrual cups...cleaner, and it's safe to wear overnight.

Just because she doesn't deserve money for her injury doesn't mean she deserved to lose her leg.

The midwestern public middle school I attended as a preteen did more than enough to warn us about TSS. And the TSS warnings on the back of the tampon boxes are written in very clear language.

[DGayle]

I'm confused. When the article said she was feeling "off", was she already coming down with TSS and just got tampons anyway? Or was she sick with something else, slept forever, and that's when the TSS started after which she left the first one in for days?

20% of people have the bacteria in their bodies, and a tampon left in too long is a great culture dish. The tampon doesn't introduce it. Unless Kotex puts something into the tampons to help the bacteria to grow, how can they be on the hook for a naturally occurring in the body bacteria growing on a tampon left in for days?

On a related note...she placed a lot of emphasis on not feeling pretty now. I get she feels she lost something there, but at that point I'd just be thankful to be alive. It could have been so much worse.

She's said that she thought she "overdosed" on food, which is why she thought she felt off. That says a lot. She's in a world where friendships and everything are conditional on eating the last and looking the best.

[DGayle]

Not every tragedy that befalls us is someone else's fault. Sometimes shit just happens. There is no way that she didnt know was TSS was - its on the box, the tampon, the commercial... Kotex didnt insert the tampon into her, there was nothing defective in the product that caused the bacteria to grow, there was nothing that they could have done to prevent the infection.

What happened to her is tragic but that doesnt mean that a company is at fault.

Before her leg came off, her parents were already busy with lawyers instead of spending time with their dying daughters. They're all hellbent on blaming a company that couldn't be responsible.

[Rajah061014]

What really gets me about this case is that she is also suing Kroger, the grocery store where she bought the tampons. That makes absolutely no sense. It's not an illegal product and has appropriate wordings, so the only reason to sue them is to get more money. It destroys her credibility.

I agree that it sounds like she was sick before she left the tampon in too long, thus making it less likely that she got TSS from tampon use alone.

[DGayle]

What really gets me about this case is that she is also suing Kroger, the grocery store where she bought the tampons. That makes absolutely no sense. It's not an illegal product and has appropriate wordings, so the only reason to sue them is to get more money. It destroys her credibility.

I agree that it sounds like she was sick before she left the tampon in too long, thus making it less likely that she got TSS from tampon use alone.

Make a case big enough that defendants' attorneys would spend a fortune just trying to figure out who should address what part of a lawsuit can be so expensive that she's probably hoping they settle out court to save money. She is 100% responsible for her choices, but wants even the grocery store to pay.

[Geechee Girl]

I reckon I should start packing for JTTH because I have a vision of Elle Woods cross examining this girl about the number of menstrual cycles she's had since menarche followed by how many boxes of tampons she's purchased. I'm no Degreed Law Professional^TM, but the movie in my head has the courtroom erupting in clapbacks when Elle drops the knowledge that the plaintiff had eleventy thousand eight hundred and fifty-three opportunities to read the package insert with every tampon change.

[FundieFarmer]

20% of people have the bacteria in their bodies, and a tampon left in too long is a great culture dish. The tampon doesn't introduce it. Unless Kotex puts something into the tampons to help the bacteria to grow, how can they be on the hook for a naturally occurring in the body bacteria growing on a tampon left in for days?

She's said that she thought she "overdosed" on food, which is why she thought she felt off. That says a lot. She's in a world where friendships and everything are conditional on eating the last and looking the best.

Right! And I read that 20% have it, but the article wasn't clear on when she started feeling badly. I read it two ways: A) she was feeling "off" because of a common cold/flu and just decided to rage anyway and then passed out which then caused TSS, and B) she'd already been using tampons & leaving them in too long, causing TSS to start days before so that when she finally felt "off", the TSS was full-blown already, causing her to pass out and the situation to get worse. Not stellar reporting there.

The "overdose" on food comment threw me, too, even coming from an background where one's relationship with food dictates nearly everything about how they are perceived.

We live in a world that is drenched in a suit mentality. I don't think she deserved to lose her leg, but I can't see how she could win this suit. It's on the box, she was taught about it, people know TSS is real. Perhaps she could sue the police for leaving her, but I can't imagine how this could be successful. I agree that sometimes shitty things just happen. A lawsuit isn't always the answer.

[DaffyDill]

I think she's probably hoping that a large company like Kotex will just quietly settle out of court rather than go through the possible bad press from a trial. And you can bet, if it goes to trial, she'll drop the dark eyed 'it' girl look, for a fresh faced innocent look as it's more sympathetic. Not that I think a person's looks should matter, but this is the world we live in. We've seen in the Duggar forums how much people supposedly "know" about someone from a photo.

[DGayle]

I reckon I should start packing for JTTH because I have a vision of Elle Woods cross examining this girl about the number of menstrual cycles she's had since menarche followed by how many boxes of tampons she's purchased. I'm no Degreed Law Professional^TM, but the movie in my head has the courtroom erupting in clapbacks when Elle drops the knowledge that the plaintiff had eleventy thousand eight hundred and fifty-three opportunities to read the package insert with every tampon change.

Then I'm JTTH-bound with you.

I actually clicked on this thread because I was going to say I wonder how many boxes of tampons she's used since then. If she's still using, she's going to have even more explaining to do.

[Maggie Mae]

I think tampon companies have a responsibility that they aren't meeting, TBH. Not to warn about TSS, as they DO warn against TSS. They should be using the safest possible materials (which they aren't) and they should LIST the materials on the package and on their websites. I use a Diva Cup now, because the sheer amount of trash that tampons create was grossing me out. But after I read about this woman, and was horrified about what happened to her, I thought I would look to see if there are any tampons that are made out of cotton. I couldn't find a whole lot of information.

And I do feel for her. For some people, losing mobility IS worse than death.

[DGayle]

Companies use the materials that are in line with what the consumers will pay. The cost of cotton is going up. It's used less and less even in clothes because of the cost of growing it, and when the price of cotton goes down, it's just temporary. The cost is too instable. All-cotton tampons would probably cost 2x as much if not more, to cover sudden cotton rises, and then people would bitch and not be willing to pay for it. The companies are using materials that are safe when used right. It's not their fault if someone leaves a tampon in for days. Even a cotton tampon can cause TSS if left in.

Listing fiber content on the boxes won't do anything, and how much of what probably changes slightly from batch to batch. The instructions say to change every so many hours. Putting down 100% cotton would probably make people think that they can be left in longer because they're cotton. So it could probably hurt more than help.

Even though she's at fault here, that doesn't mean we can't feel for her losing her leg.