On May 25, 1994, a class action lawsuit was launched in Kansas City, Missouri against the manufacturers of Tampax and Playtex tampons. The legal action was launched after the release of microbiological studies reported at the 1994 convention of the American Society for Microbiology. The studies were completed by independent Toxic Shock Syndrome researchers Dr. Philip Tierno and Dr. Bruce Hanna of New York University Medical Centre, Tisch Hospital.
Documents submitted to Missouri courts allege that the manufacturers of these products have known for over ten years that a relationship existed between the development of tampon induced Toxic Shock Syndrome and tampons containing rayon fibres.
The class action calls for Tambrands Inc. and Playtex Family Products Corp. to establish a medical monitoring fund to address cases of TSS occuring as a result of the use of their products, and the possible removal of these products from the market.
As with the landmark lawsuit against Proctor and Gamble which resulted in the removal of 'Rely' tampons from the U.S. market, the tampon manufacturers allege that the Tierno/Hanna studies are 'flawed and baseless' and that no conclusive link can be made to the development of Toxic Shock Syndrome and the use of any particular tampon product.
The team of lawyers working on behalf of the plaintiffs include Tom Riley, who successfully acted on behalf of the plaintiffs in the Proctor and Gamble vs. Kehm lawsuit. Other participants in the action include Bob Perkins and Mark Hutton, both of whom have been successful in claims against tampon manufacturers on behalf of clients suffering tampon induced Toxic Shock Syndrome for over ten years. Martis Brachtl, a New York lawyer who is well established in successful class actions, including an action which resulted in the removal of dangerous breast implants from the market in the United States, has joined the class action team of lawyers.