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MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Is it possible to bring a class action suit against ?? for

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Is it possible to bring a class action suit against ?? for making nurses use harsh antibacterial soaps and then Purell them beyond rediculous to the point that our number one defense against bacteria is being broken down? Especially with the increasing number of antibiotic resistant bacteria around. There are many nurses at my facility who's hands are a mess and broken down. So there must be hundreds or more other nurses having the same problem with the Purell company pushing to keep using more and more gel - even if we don't touch anything after the last time we gelled we have to gel again. My company watches us on video to make sure we comply when they can't even tell if we've washed our hands. My hands hurt! They crack, split, peel no matter what kind of moisturizer I use. What good is it if we over protect patients from getting infected when we will be more easily infected ourselves. We do need our hands washed and gelled, but only if we touch something or someone. I believe this is a way for another large greedy company to make tons of money. The state is mandating "gel in and gel out" - so someone else is making money too. The CDC recommends gelling or washing only when you come into contact. Walking into a room to view or say something to a patient and then walking back out does not constitute contact. If I am making rounds from room to room and I am still gelling from coming out of the other room and walk directly into another room, I am suppose to gel in again. This is absolutely ridiculous and hazardous to our health as health care providers. I want to add more information: We are allowed to use our own soap and hand gel if we file with the infection control nurse. However, even with a different type of gel, I don't believe my hands will heal if I use it as much as we are suppose to. And what about the absorbtion of all that alcohol and lotion, etc.
Thank you for the post, I am happy to assist you by answering your questions. Are you asking whether you have grounds to sue the company whom manufactures Purell?
Customer: replied 5 years ago.
Yes or whomever is responsible for the mandate to have to use the gel so often. I would bet Purell is at least partly responsible for this mandate.
Thank you Teresa, is the recourse you seek monetary damages or just the repeal of the regulation?
Customer: replied 5 years ago.
I think both would say more. Something like this would take some time and investigation so the cost of attorney's fees would work in addition to a repeal. These corporations who make more and more money at the expense of other's suffering is just wrong! Especially since the mandate is held under the assumption that we are providing a safer environment against infection control for our patients. As we are, but at the expense of the health of caregivers, because it is overkill. And as far as spreading germs in hospitals - doctors are the worst culprits. I'm also sure they aren't "gelling in and gelling out" every time - but no one would dare tell them they were being watched on a video camera for an hour - and to "just do it."
Thank you, XXXXX XXXXX be difficult to sue the manufacturer for the legislation however as the manufacturer is not responsible for the legislation, nor does the legislation specify that this brand of product be used. If you want to sue the manufacturer you would have to allege and show that the product is defective and causes harm when used consistent with its intended purpose (i.e. as directed). Regarding have the regulation repealed, the nurses in your facility can ban together to sue the hospital for the enforcement of the regulation in the way it is claiming that such enforcement is inconsistent with the intent of the CDC recommendation and compliance is causing substantial harm to the nurses whom comply. You therefore should consider circulating a petition among the nurses and presenting the petition to the administration demanding a modification to the policy, else the nursing staff will proceed collectively commencing legal action. Please let me know if you need additional guidance or have any follow up questions.
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