Woman Sues for Near-Fatal Injuries From Defective Lip Gloss

A defective products lawsuit has been filed by a Texas woman who nearly died after applying a tube of lip gloss that she claims was defectively dangerous.

Gladys Wilkie suffered a severe allergic reaction and developed anaphylactic shock soon after applying the lip gloss she bought at her local Walgreen’s pharmacy in 2008, according to a report in the Southeast Texas Record. Wilkie filed her lawsuit on Oct. 30 in the 62nd District Court of Lamar County against Maybelline, L’Oreal, and Walgreens, the Record reports.

According to her lawsuit, the companies are negligent for failing to list ingredients she was allergic to on the labeling of the tube of lip gloss. Her suit alleges manufacturing defects, design defects, marketing defects, strict liability, breach of warranty, and other causes of action.

Negligence Blamed for Plaintiff’s Serious Injuries

Wilkie’s suit said the defendants “failed to properly adhere to the governmental guidelines applicable to the sale and marketing of cosmetic devices.” More specifically, the plaintiff argues the defendants are guilty of the following acts of negligence:

• Failing to adequately the product for safety;

• Failing to advise of the ingredients or warn of the hidden dangers;

• Failing to advise of the previous injuries and claims associated with use of the product; and

• Failing to act as a reasonable prudent manufacturer, designer or marketer would under similar circumstances.

Wilkie’s lawsuit seeks unspecified damages for her medical expenses, lost wages, loss of earning capacity, mental anguish, physical impairment, physical pain and mental anguish, other expenses. Wilkie also is seeking exemplary damages, arguing the “defendants’ conduct was committed intentionally or with a conscious indifference to the safety and welfare of the plaintiff.”

The federal lawsuit has been assigned to U.S. District Judge Richard A. Schell, according to the Record.

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