Kennedy v. Baxter Healthcare Corp.

Plaintiffs Kathleen Kennedy and Sharon Tryon are health care workers who brought suit against a variety of manufacturers, distributors, and sellers of latex gloves for injuries sustained due to an alleged allergic reaction to these gloves. In addition to individual causes of action, plaintiffs’ second amended complaint also alleged a class action on behalf of “those persons in the health field in the State of California with allergies and medical problems due to repeated exposure to said latex gloves.”

The trial court eventually sustained defendants’ demurrers to the class action allegations without leave to amend, and plaintiffs appeal. We shall affirm.

Factual and Procedural Background

In their original complaint, plaintiffs alleged six causes of action based on defendants’ alleged failure to warn of potential dangers associated with exposure to latex. These causes of action included products liability claims predicated on negligence, strict liability and failure to warn; negligent misrepresentation; breach of warranty; and equitable relief in the form of a medical monitoring fund. These claims were asserted on behalf of plaintiffs individually and on behalf of a…