Lisa Moore, individually and on behalf of all other persons similarly situated v. Kimberly-Clark Worldwide Inc.
Published: May 7, 2021 | Result Date: Jul. 22, 2020 | Filing Date: Dec. 3, 2019 |Case number: 19 L 0846; COURT: County of St. Clair Circuit Court, 20th Judicial Circuit, IL Settlement – $7,000,000
Attorneys
Plaintiff
David C. Nelson
(Nelson & Nelson )
Scott A. Bursor
(Bursor & Fisher PA)
L. Timothy Fisher
(Bursor & Fisher PA)
Yeremey O. Krivoshey
(Bursor & Fisher PA)
Blair E. Reed
(Bursor & Fisher PA)
Defendant
Christopher D. Dusseault
(Gibson, Dunn & Crutcher LLP)
Heather L. Richardson
(Gibson, Dunn & Crutcher LLP)
Facts
Plaintiffs Lisa Moore, Natasha Parker, and Christina Mills filed a class action lawsuit against Defendant Kimberly-Clark Worldwide, Inc., and alleged breach of warranty and product liability claims relating to the manufacture and sale of Kotex products.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended defendant's "Kotex Products" all contained an identical defect. Specifically Plaintiffs contended that the Kotex Products were defective because they unraveled and/or came apart upon removal. Plaintiffs further contended that defendant's products were so defective that the products caused its users to seek medical attention to remove tampon pieces left in the body. Accordingly Plaintiff contended that the defect caused Plaintiffs infections, vaginal irritation, localized vaginal injury, and other symptoms. Thus Plaintiffs contended the defect rendered defendant's Kotex Products unsuitable for their principal and intended purpose and therefore the Products were completely worthless when purchased.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiffs' contentions and any wrongdoing.
Result
The parties agreed to settle for the amount of $7 million.
Other Information
JUDGE: Hon. Christopher Kolker.
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