Southern California-based law firm Eagan Avenatti, LLP said Thursday that it has filed a class action lawsuit in the United States District Court for the Central District of California in Los Angeles, alleging that Kimberly-Clark Corp. (KMB) has committed fraud in the marketing and selling of certain of their protective medical gowns.
In particular, the suit states that Kimberly-Clark has falsely represented to the FDA, health care workers and the general public that the company's "MICROCOOL Breathable High Performance Surgical Gowns" are impermeable and provide protection against Ebola despite the fact that the company has known since 2013 that those gowns failed industry tests and do not meet relevant standards, thus placing healthcare professionals and patients at considerable risk for infection and serious bodily harm.
According to the complaint, Kimberly-Clark has knowingly misled the medical community, regulators and the general public about the safety of the surgical gowns and even after learning of multiple test failures, failed to alert the FDA, healthcare professionals and patients.
The lawsuit seeks damages in excess of $500 million and is brought on behalf of lead plaintiff and well respected surgeon Hrayr Shahinian, together with about 500,000 others similarly situated.
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