Lawsuit against condom manufacturer dismissed
TEXARKANA - U.S. District Judge David Folsom has dismissed a lawsuit that claimed a latex condom could disfigure a man's genitals.
As previously reported, Basil Rasheed filed a lawsuit against Church & Dwight Inc. on March 14 in the Eastern District of Texas, Texarkana Division.
Acting as his own attorney, Rasheed, a self-proclaimed lifelong condom user, alleged that a Trojan lubricated condom caused a severe reaction in the form of allergic contact dermatitis.
He states that after using a condom, which he purchased from a service station bathroom machine, he developed an infection in the form of severe blisters and disfigurement.
"This chemical cooked my testicles and penis," Rasheed stated in the lawsuit.
In the court documents, a nurse with the Department of Veteran Affairs allegedly told Rasheed that he had sensitivity to the lubricant which was causing him dermatitis. The nurse recommended Rasheed use condoms without lubrication and to see a dermatologist.
Judge Folsom granted the defendant's motion for summary judgment on Jan. 30, and dismissed Rasheed's allegations.
The judge noted that Rasheed had not provided any evidence that suggested that a latex condom could cause the injuries like Rasheed's genitals being "cooked" and disfigured.
The defendant's expert stated that someone can suffer six types of injuries from contact with a latex condom. These injuries include: irritant dermatitis syndrome, photoirritation, allergic contact dermatitis, photoallergic contact dermatitis, contact urticarial syndrome and systemic toxicity from percutaneous penetration.
Judge Folsom noted that Rasheed has not provided any expert testimony to contradict the defendants' expert.
Rasheed's evidence included an emergency room report which does not contain a reference to latex condoms and "pictures of what appear to be feet."
Due to lack of evidence to create an issue of material fact, Judge Folsom dismissed Rasheed's case with prejudice on Jan. 30.
Case No. 5:11-cv-00075