THE makers of Tampax tampons today faced a £35,000 damages claim by a Lancashire woman who said she almost died from toxic shock syndrome because of insufficient warnings and advice on how to use their product.
Teacher and mother-of-two Alison Worsley, 34, of St Mary's Close, Walton-le-Dale, was struck down by the potentially fatal infection in 1994, the High Court in London was told yesterday.
In the first case of its kind to be heard in the UK, she claimed that had the manufacturers provided clear information, she would immediately have removed the tampon she was wearing and sought early medical advice.
But she ended up in hospital "and her condition progressed to the point where she very nearly lost her life", John Grace, QC, told Mrs Justice Ebsworth.
He said Tampax tampons were not on trial - the case was not about the quality of the product itself or whether it caused toxic shock syndrome (TSS). The case concerned the quality of the information, warnings and instructions given and the impact they would have on the user.
Mrs Worsley is suing Tambrands Ltd, a subsidiary of giant multi-national Proctor and Gamble, under the 1987 Consumer Protection Act.
Damages have been agreed at £35,000, subject to liability being established against Tambrands at a hearing expected to last two weeks.
The hearing was adjourned until today after lawyers for Tambrands said they intended to appeal against a procedural ruling by the judge on how she would deal with the case. Tambrands objects to the judge's stated intention to decide the issue of whether the warnings in Tampax cartons were adequate without first allowing the defence team to call expert evidence, including epidemiological evidence, to the effect that there was no risk in using their brand of tampons and that there was really no need for the warnings they gave.
Mr Grace said studies in the US showed that one in 100,000 menstruating women suffered TSS each year. In the UK, information was unreliable, but, based on the US figures, about 140 women a year would be affected.
The infection was not always associated with the use of tampons - it could also be contracted by men - but its association with tampons was recognised by the manufacturers on their packaging.
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