MICROCOOL* Breathable High Performance Surgical Gowns
March 2016: The individual claims of one of the named plaintiff’s (Shahinian) were voluntarily dismissed with prejudice. The claims of the remaining plaintiffs will move forward.
December 2015: Plaintiffs filed an amended complaint adding several named plaintiffs and an additional defendant (Halyard Health, Inc.). The amended complaint similarly alleges that the companies misleadingly market medical gowns as providing the highest level of liquid barrier protection and safe to use when treating patients with serious diseases when, according to plaintiffs, the gowns do not meet relevant industry standards and, as a result, are unsafe.
October 2014: A class-action lawsuit was filed against Kimberly-Clark Corporation for allegedly marketing the MICROCOOL* Breathable High Performance Surgical Gowns. Among other things, plaintiffs claim that the company falsely represents the gowns as providing the highest level of liquid barrier protection and safe to wear while treating patients with serious diseases such as Ebola when, accordng to the complaint, the gowns do not meet the relevant standards for liquid barrier protection and are unsafe. (Shahinian, M.D., F.A.C.S., et al v. Kimberly-Clark Corporation, Case No. 14-cv-8390, C. D. CA.).
When a complaint is dismissed with prejudice, it cannot be refiled.