Question
Consider the following: Linda Green began her career as a health care worker in 1978, following hospital rules that required her to wear protective gloves
Consider the following: Linda Green began her career as a health care worker in 1978, following hospital rules that required her to wear protective gloves while attending patients. For more than a decade she wore nearly 40 pairs of cornstarch powdered latex gloves, made by Smith & Nephew (S&N), during every shift. In 1989, Green began suffering various health problems: her hands became red, cracked, and sore, and began peeling. No matter what she did, the rash continued, and eventually spread to her upper trunk and neck. She began experiencing chronic cold-like symptoms such as a runny nose and watery eyes. Green's symptoms grew increasingly severe, eventually culminating in an acute shortness of breath, coughing, and tightening of the throat. In the mid-1990s experts began to understand that some people become "sensitized" to latex through allergic reactions. Subsequent exposure may cause the person to develop progressively worse reactions, including irreversible asthma. Occasionally hypersensitivity may trigger anaphylactic shock, a life-threatening reaction to even a small exposure. Once she understood her own reaction to the gloves, Green sued S&N.Green v. Smith & Nephew AHP, Inc.,629 N.W.2d 727 (Wis. 2001)
Answer these questions:
1. What kinds of lawsuits might she bring?
2. What elements of the lawsuits will she have to prove to win?
3. What kind of defenses could S&N use to defend itself?
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