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Lawsuit: Surgical gowns let diseases pass through

ROBERT JABLON
Associated Press

LOS ANGELES (AP) — A $500 million lawsuit against Kimberly-Clark Corp. alleges the company falsely claimed its surgical gowns protected against Ebola and other infectious diseases.

The suit, filed Wednesday in federal court, alleges that the multinational company knew for at least a year that its Microcool Breathable High Performance Surgical Gown had failed industry tests of impermeability to blood and microbes, but it continued to claim the product provided the highest level of protection against diseases including Ebola.

Many of the gowns tested had “catastrophic” failures, according to the lawsuit, which called Kimberly-Clark’s actions “utterly reprehensible.”

“We are aware of individuals that have contracted various diseases while wearing the gown, but we are not at liberty to disclose what those are at the present time,” said Michael Avenatti, the lead attorney in the case.

Avenatti said the Texas hospital where two nurses contracted Ebola once stocked the gowns but he didn’t know whether those workers or an infected nursing assistant in Spain had worn them.

“We are still investigating,” he said.

A message seeking comment was sent to a spokeswoman at Texas Health Presbyterian Hospital late Thursday.

Kimberly-Clark said in a statement that it does not comment regarding ongoing litigation but the company stands behind the safety and efficacy of its products.

The lawsuit, which seeks class-action status, alleges fraud, false advertising, negligent misrepresentation and unfair business practices. It was filed by Hrayr Shahinian, a Los Angeles surgeon specializing in skull base and brain tumor operations who said he had used the gowns and thus was potentially exposed to harm.

Dallas-based Kimberly-Clark, which also makes consumer products such as Kleenex and Huggies, has more than half the worldwide market for surgical gowns that meet the highest level of resistance to transfers of bodily fluids, according to the lawsuit.

“We estimated that tens of millions of the gowns have been sold worldwide,” Avenatti said.

However, “up until now, individuals have had no reason to suspect that these gowns were defective,” he said.

Companies that manufacture protective suits and gowns have increased production in the wake of the Ebola outbreak that has killed thousands of people in Africa and Asia and one person in the United States.

DuPont Co. has said it is tripling production of protective suits.

The U.S. Centers for Disease Control and Prevention recommends equipment for medical workers treating Ebola patients include either a coverall or “fluid resistant or impermeable gown that extends to at least mid-calf.”

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. 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But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. 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