Kilvert v. Tambrands Inc.

SAND, District Judge.

This product liability action arises from the death of Alice Kilvert, the fifteen-year old daughter of plaintiffs Peter Kilvert and Jennifer Hilary Kilvert (“the Kilverts”), Personal Representatives of the Estate of Alice Kil-vert, from Toxic Shock Syndrome (“TSS”). At the time of her death, plaintiffs’ decedent was using a Tampax Super Absorbency tampon, designed and tested by defendant Tam-brands Inc. (“Tambrands”). Plaintiffs allege that the use of viscose rayon, instead of all-cotton, in the tampon product contributed to the development of the fatal TSS.

Defendant has…