Settling damages for latex allergies may involve a trip to court in future, says David Cartwright
Foxton v Wakefield West Primary Care NHS Trust is the first case where damages for a latex allergy were assessed at trial. Mrs Foxton was was aged 45½ at the date of a two-day assessment of damages hearing. She was employed by Wakefield West Primary Care NHS Trust as a community staff nurse from March 2003.
In 2004 she developed a latex allergy as a result of admitted negligence of the defendant. The allergy forced Mrs Foxton to give up her career as a community nurse, she also suffered a degree of psychological injury and contended that she would never be able to work again. However, the defendant contended that she could have returned to work by April 2006 and on that issue alone the main difference between the parties concerning quantum was that of loss of earnings.
Latex allergy is permanent. From 2004 Mrs Foxton suffered a number of upsetting reactions caused by her proximity to latex, in environments such as the dentist, job centre, gym, swimming
