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OFF BEAT: Man sues for loss of consortium after wife’s allergic reaction

December 20, 2013 - 3:23pm


A woman who apparently got a little more than she bargained is suing a discount retailer claiming a dress she purchased there triggered a severe allergic reaction.

Aracely Gonzalez is suing Bentonville, Ark.-based Wal-Mart Stores Inc. in Miami-Dade County Court in Florida, alleging that the day after she purchased and wore the dress, she "developed an excruciatingly painful red rash over large portions of her body, which required her to go to Palm Springs General Hospital, where she was diagnosed with allergic dermatitis." Eight days later, she returned to the hospital with palpitations, also allegedly caused by the Wal-Mart dress.

In her complaint, Ms. Gonzalez claims an allergist identified the dress she had purchased at Wal-Mart as the cause of the dermatitis. She is seeking damages for negligence, strict liability and breach of warranty. In addition, her husband is asking for damages for loss of consortium because her allergic reaction made it uncomfortable for her to be with him.

"The painful rash lasted for a period of several months, with several outbreaks," Ms. Gonzalez said in her complaint.