In Re Coordinated Latex Glove Litigation

In this opinion we discuss the two-pronged test for a strict liability manufacturing defect as applied to the production of latex gloves. (Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413, 432 [ 143 Cal.Rptr. 225 , 573 P.2d 443 , 96 A.L.R.3d 1 ] (Barker).) This products liability action filed by plaintiff Christine McGinnis was the first to go to trial in a group of cases in coordinated proceedings involving allegations against various defendants who manufactured or distributed latex gloves, used by the plaintiffs at their work, that contained natural or artificial substances that were alleged to be causative factors in the development of the plaintiffs’ serious latex allergies. McGinnis’s individual action against Baxter Healthcare Corporation (Baxter) went to jury trial on her manufacturing defect strict liability theory, as well as negligence and failure to warn. A defense verdict was obtained on failure to warn and negligence, but the jury found a manufacturing defect had been proven and awarded McGinnis compensatory damages.

However, in posttrial proceedings, Baxter moved for judgment notwithstanding the verdict (JNOV) and for new trial on the manufacturing…