DENVER — The 10th U.S. Circuit Court of Appeals Tuesday overturned an $11-million judgment against International Playtex Inc. in a toxic shock syndrome death and ordered a new trial.
The court said that the trial jury in Wichita, Kan., should have been allowed to determine what role the victim might have had in her own death and whether manufacturers of other tampons she also used might have contributed to it.
Playtex had appealed the Feb. 25, 1985, decision by the jury, which held the company liable in part for the 1983 death of Betty O'Gilvie of Wichita.
Records showed that O'Gilvie purchased and used Playtex tampons, became ill and consulted her family doctor, whom she asked about the possibility of toxic shock syndrome.