| Latex Litigation FAQs
What is natural rubber latex?
What products contain latex?
What is latex allergy?
What are the symptoms of latex
allergy?
Who is at greatest risk for
latex allergy?
What symptoms are present in
an allergy claim?
What is the success rate in
bringing a workers’ compensation claim for latex allergy
sensitivity?
Who pays for continued medical
treatment after a workers’ compensation award is entered for
latex sensitivity?
Can the dependents of a latex
allergic worker be awarded workers’ compensation benefits?
Can a skilled health care
professional be deemed totally disabled under workers’
compensation laws due to latex sensitivity?
What is natural rubber latex?
Natural rubber latex is a processed plant product derived almost exclusively from the tree hevea braziliensis, found in Africa and Southeast Asia. Natural rubber latex should not be confused with butyl- or petroleum-based synthetic rubbers. Synthetic products, including latex house paints, have not been shown to pose any hazard to latex-sensitive individuals.
Back to Top
What products contain latex?
Latex is a common component of many medical supplies, including disposable gloves, airway and intravenous tubing, syringes, stethoscopes, catheters, dressings and bandages. Many of these medical devices come into contact with mucous membranes, which enhances the absorption of latex proteins that can trigger an allergic reaction. Latex gloves also frequently are implicated in allergic reactions due to the repeated direct exposure of the wearer's hands to latex proteins or due to airborne latex proteins that are absorbed by powders used to line some latex gloves. While latex also is found in as many as 40,000 consumer products, including condoms, balloons, athletic shoe soles, tires, underwear leg and waist bands, rubber toys, nipples and pacifiers, these rarely cause problems except to the most sensitive patients.
Back to Top
What is latex allergy?
Latex allergy, or hypersensitivity, occurs when the body's immune system reacts to proteins found in natural rubber latex. The immune system launches a "defense" that can cause a host of unpleasant and, in some cases, life-threatening symptoms. It is the same type of generalized allergic reaction seen when individuals who are allergic to bee venom receive a bee sting. The only currently available treatment is complete avoidance of latex, which may require a change of workplace and loss of career. Latex allergy can lead to chronic occupational asthma, anaphylaxis, and even death. Preventive measures must be taken, in part because no treatment is available.
Back to Top
What are the symptoms of latex allergy?
Symptoms can range from mild to severe. They usually occur within minutes of exposure, but can be delayed for several hours. Symptoms can include one or more of the following:
- Skin redness, itching, urticaria hives or welts, angeioedema
-
Runny nose, sneezing, rhinitis, nasal congestion
-
Redness, itching or tearing eyes, conjunctivitis, periorbital edema
-
Asthma, chest tightness, wheezing, or shortness of breath
-
Anaphylaxis (shock): Symptoms of Anaphylaxis may include sudden (dangerous) drop in blood pressure, flushed skin, vomiting, cramps, difficulty breathing; swelling of the throat, tongue and nose, and loss of consciousness
Back to Top
Who is at greatest risk for latex allergy?
The greatest risk is to individuals who are repeatedly exposed to products containing latex, particularly:
- Patients with a history of early and/or recurrent surgical or medical procedures, such as children with spina bifida.
-
Health care personnel and others who wear latex gloves.
-
Individuals with occupational exposure, such as workers involved in the manufacture of latex gloves or catheters.
Other risk factors are less defined but appear to include:
- A history of hay fever or other allergic problems.
-
A history of food allergies to tropical fruits, hazelnuts, chestnuts or stone fruits, particularly if progressive in scope or severity.
-
Hand dermatitis that is severe or has changed in severity in an individual who wears latex gloves.
Back to Top
What symptoms are present in an allergy claim?
In an allergy claim, one of three major types of reactions occurs with latex. The first is irritant contact dermatitis involving non-allergic reactions. Between 25 percent and 40 percent of people who wear latex gloves develop this mild irritant reaction.
The second type of disease that occurs is Type IV hypersensitivity. This is a delayed reaction involving contact dermatitis, occurring several hours possibly up to four days after re-exposure to the substance initially.
The third type of claim, the most serious, is Type I hypersensitivity, which occurs when an antigen interacts with an antibody. This type of allergic reaction produces an immediate response by the immune system that can occur within minutes or at one to two hours after exposure. Type I hypersensitivity usually presents with either localized hives, generalized hives with facial and throat swelling, hives with asthma involvement of the nose, throat, ears, and digestive tract, or a life-threatening systemic reaction, anaphylaxis. The most significant is Type I hypersensitivity and is the disease that most workers’ compensation and products liability claims are based upon. The attorneys of Younce & Vtipil are currently investigating claims for this type of litigation.
Contact
us today to discuss your situation.
Back to Top
What is the success rate in bringing a workers’ compensation claim for latex allergy sensitivity?
According to reports, about 70 percent of the reported workers’ compensation cases for Type I latex allergy sensitivity have resulted in awards to the worker, and the trend is increasing.
Back to Top
Who pays for continued medical treatment after a workers’ compensation award is entered for latex sensitivity?
Most workers’ compensation agencies have authority to order the employer to pay for medical treatment and medications required to relieve and cure the medical conditions flowing from the employee’s sensitivity to latex products.
Back to Top
Can the dependents of a latex allergic worker be awarded workers’ compensation benefits?
Yes. In most jurisdictions if a latex sensitive worker dies as a result of a compensable latex reaction, then the dependents would be entitled to benefits. Benefit periods and amounts vary from jurisdiction to jurisdiction.
Back to Top
Can a skilled health care professional be deemed totally disabled under workers’ compensation laws due to latex sensitivity?
Yes. A surgical registered nurse was declared to be totally and permanently disabled because of her latex allergy. The court declared that the nurse could not work outside of her house and that until “products containing latex are eliminated from hospitals and public settings” the nurse should be considered unable to work at all and should be entitled to benefits”.
Back to Top
|
