Litigation Management

New Medical Guidance on Latex Reactions

Authors:	Elizabeth Juliano
	James Fell

In March, a task force of the American Academy of Allergy, Asthma, and Immunology, in collaboration with the National Institute of Allergy and Infectious Disease and 20 other organizations, released The Allergy Report, a consensus statement containing allergy diagnosis and treatment recommendations. According to one Task Force co-chairperson, this 600-page, three volume report has integrated contributions from all the medical specialties which treat allergies and is the only single-source document providing this type of comprehensive patient management tool.

Of particular interest to legal professionals is one section in Volume III addressing medical aspects of latex exposures. Manufacturers and health care professionals are increasingly cognizant of the need to limit the extent to which patients, medical personnel, as well as the general public, come into contact with latex-containing products. However, in some applications no acceptable alternatives to latex yet exist. Consequently, latex allergy litigation can be expected to persist.

When analyzing medical records of the latex claimant, it is critical that the reviewer ascertain if the party manifests a true latex allergic reaction or an otherwise nonallergic reaction. For example, The Allergy Report notes that latex allergic reactions constitute a range of conditions, from a minor skin rash or contact type of eczema to a full-blown, life-threatening anaphylactic reaction. On the other hand, the more common, nonallergic reactions to latex-containing products are identified as irritant forms of responses often caused by non-latex agents involved in the product manufacturing process. An understanding of such clinical distinctions has important implications in both product liability and Workers' Compensation cases.

Medical information analysis of latex reactions should be predicated on focus areas in the patient's medical history and physical examination as defined by this report. Specific studies and laboratory tests indicated for the diagnosis of latex reactions are also listed, as are medical management practices for the patient diagnosed with latex allergy.

Although many people associate the development of latex allergy with exposure to latex-containing surgical/examination gloves, there are many other potential incriminating etiologies. When analyzing medical records in latex litigation, the investigator should be alert to these sources of possible alternate causation. While the report contains tables listing some sources and products which may be implicated in latex exposure, the lists are by no means exhaustive. Therefore, medical record reviewers should consult supplemental references for other likely avenues of alternative causation when preparing latex case evaluations.

Individual copies of the report are priced at $22.00 and can be obtained by calling 1-800-822-2762. The report can also be located through the web site of the American Academy of Allergy, Asthma, and Immunology at www.aaaai.org.

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