Ebola Treatment Gowns Put People at Risk, Class Action Says

On Oct. 29, a proposed medical gown class action lawsuit seeking restitution exceeding $500 million was filed in California federal court against Kimberly-Clark Corp. The surgeon who filed this medical gown class action lawsuit alleges the Kimberly-Clark brand medical gowns can be penetrated by bacteria and viruses like Ebola, which he claims indicates the company misrepresented the protective qualities of their product.

Plaintiff Dr. Hrayr Shahinian claims the Kimberly-Clark medical gowns are meant to provide “liquid barrier” protection, according to the product packaging. However, according to the medical gown class action lawsuit, these medical gown products have high rates of catastrophic failure, higher than the generally accepted industry standard.

The plaintiff further alleges Kimberly-Clark marketed the product as impermeable and effective in blocking pathogens like Ebola, but due to this alleged false marketing, these medical gowns actually put health care workers at risk.

According to the Ebola treatment gown class action lawsuit, the company markets the Microcool surgical gowns as capable of providing level 4 protection as defined by the Association for the Advancement of Medical Instrumentation standards, the highest level of protection granted by the association.

Shahinian alleges the Kimberly-Clark Microcool medical gown does not provide level 4 liquid barrier protection and, therefore, does not meet AAMI standards. By not meeting the AAMI standards, but continuing to allegedly market their medical gowns as level 4 protection, Kimberly-Clark “are at serious risk of causing physicians, health care professionals and patients to be unknowingly exposed to serious bacteria, viruses and illness, including but not limited to Ebola, and further causing such individuals to contract such diseases without warning.”

The Kimberly-Clark class action lawsuit further alleges the gowns neglect to provide liquid barrier protection to critical zones in the front of the body, from chest to knees and cuff to elbow.

The proposed Ebola treatment gown class action lawsuit lodges several allegations against the surgical gown manufacturer, including fraudulent concealment, negligent representation, unfair business practices and false advertising. The plaintiff and his counsel are seeking punitive damages for Kimberly-Clark’s alleged irresponsible conduct that put thousands of potential Class Members at risk to “cruel and unjust hardship.”

The Kimberly-Clark class action lawsuit seeks to represent Shahinian and a Class of  “all purchasers and users, including entities and natural persons in California, who purchased or used  the High Performance Gowns from 2011 to the present.” It is estimated that the size of the proposed medical gown class will approximate 500,000 individual Class Members.

Shahinian is represented by Michael Avenatti and Ahmed Ibrahim of Eagan Avenatti LLP.

The Kimberly-Clark Ebola Treatment Gown Class Action Lawsuit is Hrayr Shahinian v. Kimberly-Clark Corp., Case No. 2:14-cv-08390, in the U.S. District Court for the Central District of California.