Cardiff County Court has today awarded a guaranteed £240,000
compensation, with the possibility of further interest, to UNISON
member Alison Dugmore (37), who developed a life-threatening
allergy to latex while working at two hospitals in Swansea. Alison
was forced to give up nursing in December 1997 after she suffered
a series of anaphylactic attacks as a result of using latex gloves
coated with corn powder. She developed skin irritation and
respiratory problems from the exposure and to this day has to carry
an Òepi-penÓ with her in case she unwittingly comes into contact
with latex.
UNISON, the UKÕs biggest union, took Alison DugmoreÕs case to
the High Court in London in November 2002. The court found in
AlisonÕs favour and, in a groundbreaking legal decision, held
employers strictly liable to ensure that employees are protected
from harmful substances such as latex. This means employers are
no longer able to argue that they didnÕt know a substance was
harmful.
Speaking after her near 8 year fight for justice, Alison Dugmore
said:
ÒI am just glad itÕs all over. I am pleased to get some
compensation at last but I would give it all back if I could have my
health back instead. I put a lot of effort into getting my
qualifications and nursing was a job I loved and I have lost it all.
ÒI could never have got through it all without UNISON, who have
supported me over all these years. And if this case makes
employers sit up and take notice of the potential danger of
powdered latex gloves I will be very pleased. I donÕt want anyone
to have to go through what I am living with every day. I cannot
lead a normal life and this has taken a toll on the whole family.Ó
Dave Prentis, General Secretary of UNISON said:
ÒI am very pleased that UNISON has been able to secure this
compensation for Alison. Her life has been turned upside down by
this terrible allergy and the NHS has lost a dedicated nurse.
UNISON is calling for a ban on all high protein powdered gloves
because they put not only the wearer at risk but patients as well.
ÒBy winning this case UNISON has established an important legal
precedent – that employers have a strict liability to ensure that they
protect their workforce from harmful substances such as latex.
This has consequences not only for the NHS but for industry as a
whole, because employers will no longer be able to argue that
they did not know that a substance was harmful.Ó
The danger of using these powdered latex gloves is well known
and we want to see an end to their use in the workplace. We know
that around 100 people a year develop occupational asthma due
to latex, and the cost to the NHS of treating latex sensitive
individuals can be more than £10,000 a year, not to mention the
pain and suffering caused to the individual.
Alison Dugmore first reported that she was having problems with
latex gloves as long ago as 1993 when she was working at the
Singleton Hospital in Swansea. Over time her reaction got worse
and she suffered her first anaphylactic shock in 1996. At the
beginning of 1997 she transferred to Morriston hospital NHS Trust
and although she switched to using vinyl gloves, she continued to
be exposed to latex from other sources. Following another attack
in December 1997 she was forced to leave work and has not been
able to return.
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