MOTHER-of-two Alison Worsley, who sued the makers of Tampax after a bout of toxic shock syndrome (TSS) almost killed her, has had her £35,000 damages claim dismissed by a High Court judge.
The 34-year-old primary school teacher claimed warnings on Tampax packaging about the extremely rare, but sometimes fatal, illness were not clear enough.
But on the fourth day of what was expected to be a two-week trial, Mrs Justice Ebsworth ruled there was 'no case to answer' against the makers of Tampax-Havant, Hampshire-based Tambrands Ltd.
Mrs Worsley, of St Mary's Close, Walton-le-Dale, said after the judge's snap ruling: "To say I am unhappy would be a serious understatement."
It was in July 1994 when her youngest son was just a few months old that Mrs Worsley became ill, the day after she had inserted a tampon.
She put the flu-like symptoms down to food poisoning, her counsel Mr John Grace QC had earlier told the court, but was rushed to Royal Preston Hospital a few days later gravely ill.
From the witness box she said her illness had had a long term impact on her career and family life.
She had sued Tambrands - part of the giant Proctor and Gamble group - for alleged negligence and breach of its statutory duty under the 1987 Consumer Protection Act.
Mr Grace had told the judge: "Tampax is not on trial, but its presentation and packaging is on trial."
Mr Michael Spencer, for Tambrands, said the information about TSS provided on the Tampax boxes and in a leaflet enclosed in each box was 'true, accurate and complete'.
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