You’ve probably heard of the United States vs. GlaxoSmithKline case, and it’s one of the most common legal cases regarding allergies. If you’re curious about what happened, here’s a brief run-down of everything that happened, including who was right, and who the defendant is. The plaintiff in this case, Michael J. Cafarella, developed a respiratory illness after being exposed to certain chemicals and perfumes in the work environment. The exposure he suffered caused his condition, which now requires yearly injections of steroids.
GlaxoSmithKline, or gluten-free cosmetics giant, was held liable for failing to warn Mr. Cafarella of the dangers of their products and allowing him to use them while suffering from his condition. The ruling in the GlaxoSmithKline vs. USA case is currently being appealed by Michael J. Cafarella, a former sales rep for the company.
United Allergy Labs Lawsuit
It’s really amazing that such a large company would allow someone with a disability to be exposed to all those chemicals, and perfume, which are the most common ingredients in their products! They’re literally cutting off their noses to spite their faces, if you ask me. If these companies truly cared about their customers, they wouldn’t put such harmful things in their products. But apparently they do. And that’s why a class-action suit has been filed against them. You may want to discuss this matter further if you’re interested, but for the sake of this article we will focus on why this type of lawsuit can occur under the Fair Credit Reporting Act.
Basically, once a person becomes allergic to a specific product, their rights begin to be violated.
If a company refuses to remove the allergen from their products, or provides incorrect information, they can be held legally responsible. In addition, if you have already tested out and are aware that a product is causing an allergic reaction to you, then you also have the right to sue. So basically, if you develop a rash or other type of reaction from a specific product, or are otherwise unsure about whether or not you’re allergic to something, your lawsuit can help you receive compensation from any product manufacturers who don’t act responsibly. If the defendant is negligent in any way, they must pay you damages to help ease your suffering.
In this case, the plaintiff is suing Hyatt Resorts Corp. for using five different types of chemical agents in their various vacation spots across the United States.
They argue that since these products contained these chemicals, they knew full well that their guests would be negatively affected by them. These are all supposed to be standard operating procedures that the corporation adheres to according to law. However, according to plaintiffs, the corporation did not take into consideration the effect that these chemicals would have on various guests who were inside of the resort. This resulted in them failing to provide a safe place for their guests.
Another problem with this scenario would be that the products Hyatt used were top quality and extremely well known.
If other guests were allergic to them as well, or if they became sick due to these products, there likely would be an increase in liability. For instance, if you or your loved one had an allergy to laundry detergent and a customer bought the stuff at a Hyatt location, you may be able to sue the business because of negligence. It could be a difficult and lengthy process, but it would be worth it if you or someone you love suffered because of their choice of products at a popular establishment. A good place to start is by finding a lawyer that specializes in the field of personal injury to file your suit against the business.
The Hyatt Resorts Corp. has released statements denying all of the allegations, as well as stating that allergies do not arise from the use of their products.
However, the lawsuits have been filed, and as of right now, there is nothing for the courts to decide at this time. A good attorney would be able to give his or her client a good direction to go in, especially with regards to preparing for a deposition. The plaintiff will then need to show the courts that Hyatt knew that their products caused harm or that they knew of a cure for those allergic reactions to their products. If the plaintiff is able to prove this, the odds of the corporation being held liable greatly increase.
