Can I sue if a plasma center knowingly used latex coban on donors with a documented latex allergy?

UPDATED: Oct 1, 2022

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Can I sue if a plasma center knowingly used latex coban on donors with a documented latex allergy?

I work at a plasma center as well as donate there. I have a documented latex allergy. I brought it to the attention of my manager that the coban we were using on latex allergy donors was not actually latex free. She brushed it off and said,

Asked on April 18, 2019 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a practical matter, you cannot sue: the civil court system (lawsuits) are not to punish wrongdoing but to provide compensation for actual, provable harm. If you have experienced burning sensations but have not suffered serious, long term damage, there is no compensation to which you'd be entitled: there is effectively no monetary value attached to occasional discomfort. Furthermore, even if you did suffer harm, based on what you write, you have continued to donate even after knowing that they use latex: you therefore voluntarily exposed yourself to your allergen. You cannot recover compensation for your own voluntary actions harming yourself.
Try reporting this to the state's medical licensing board: they may investigate and take action if appropriate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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