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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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