Hair Relaxer Hysterectomy Lawsuit | Join Today
Hair relaxers have been a popular hair styling method for decades, particularly for individuals with natural, textured hair. However, recent studies have raised concerns about the potential health risks associated with these products. In particular, a growing number of women have reported experiencing adverse health effects, such as fibroids and other reproductive health issues, after long-term use of hair relaxers. Some women have even alleged that the chemicals in these products may be linked to the development of more serious conditions, such as uterine cancer and hysterectomy.
As a result, a number of lawsuits have been filed by women who claim that their use of hair relaxers contributed to their medical conditions. These lawsuits have brought attention to the need for more research into the safety of hair relaxers, as well as the responsibility of manufacturers to provide accurate information about potential risks associated with their products. In this blog post, we will explore the growing trend of hair relaxer hysterectomy lawsuits and what you should know if you are considering legal action.
What Are The Hair Relaxer Hysterectomy Lawsuits?
The Hair Relaxer Hysterectomy Lawsuits are mass tort claims currently being filed against manufacturers L'Oréal, Pantene, Softsheen Carson, and Schwarzkopf. The lawsuits allege that these company, which own multiple hair relaxer brands, did not adequately warn consumers of the potential health risks associated with their products. Women who have been affected by these health issues may be entitled to compensation for their medical expenses, lost wages, pain and suffering, and other damages related if they used the products regularly and developed uterine cancer, fibroids, or required a hysterectomy.
What Brands Are Being Sued In The Hair Straightener Lawsuits?
Hair relaxer products include but are not limited to products by brands like:
Creme of Nature
Dark & Lovely
Just for Me
ORS Olive Oil
Soft & Beautiful
Ultra Sheen Supreme
Whether you utilized these products at-home products and salon-use products. both qualify a potential client for joining the lawsuits.
Do I Have a Claim?
It is the responsibility of the hair relaxer industry to ensure that the products they offer to consumers are safe. In recent times, there have been instances where women who used relaxer products were diagnosed with uterine cancer and consequently filed lawsuits against companies and corporate entities involved in the development, marketing, and sale of chemical hair products. These lawsuits are the initial steps in holding corporations accountable and seeking justice for those women who have been harmed by relaxer products and their families. You can assess whether you have a potential claim by taking advantage of our free case consultation with an attorney.
Hair Relaxers Contain Endocrine-Disrupting Chemicals
A hair relaxer is a product commonly used by African American women to straighten their hair and make it lie flat. These products contain a powerful combination of chemicals that work by attacking the hair's protein structure, causing it to flatten and lay down.
Most hair relaxers contain phthalates, which are sometimes referred to as "plasticizers" because they make certain types of plastics more flexible. Phthalates are widely used in various cosmetic products, including hair relaxers. Unfortunately, these chemicals are also known as endocrine-disrupting chemicals (EDCs), meaning they interfere with the body's hormone receptors and disrupt the endocrine system.
One specific phthalate chemical found in hair relaxers is Di-2-ethyl hexyl phthalate (DEHP), which is a synthetic chemical not found naturally in the environment. DEHP is considered biologically toxic and a probable human carcinogen. It has been linked to a range of serious health problems, including developmental abnormalities, reproductive dysfunction, and infertility.
Given the potential risks associated with hair relaxers, it is important for consumers to be aware of the ingredients in the products they use. Hair relaxer lawsuits are being filed by women who claim that they were not adequately warned about the risks associated with these products. The injuries suffered by these women have been serious, and it is important for consumers to be aware of the potential risks associated with hair relaxers.
Hair Relaxers Cause Increased Risk of Requiring A Hysterotomy
The recent surge in chemical hair straightener lawsuits is due to newly discovered scientific evidence suggesting that long-term use of hair relaxer products may increase the risk of uterine cancer.
Although the rates of hysterectomy have decreased in recent years due to advances in alternative treatments and a shift towards more conservative management of gynecologic conditions. this is not the case for black women. Black women had a higher average annual age-adjusted hysterectomy rate (49.5 per 10,000) compared to white women (41.2 per 10,000), and many believe this is due to the increased use of hair relaxers amongst African American women.
In October 2022, the Journal of the National Cancer Institute published a groundbreaking medical study that investigated the link between hair relaxers and female reproductive issues. The study spanned over a decade and compared cancer incidence rates between women who regularly used hair relaxers and those who never used them.
The results showed that women who used hair relaxers were over twice as likely to be diagnosed with uterine cancer and similar ailments due to the products carcinogenic properties. The risk of uterine issues was even higher among women who reported more frequent use of hair relaxers.
This study is significant because it provides epidemiologic evidence that establishes a clear and definitive connection between hair relaxers and uterine cancer. The magnitude of the increase in risk associated with hair relaxer use has propelled the hair relaxer litigation to new heights.
Hair Relaxer Hysterectomy Lawsuits
few weeks following the publication of the study linking chemical hair relaxers to uterine cancer, a product liability lawsuit was filed against several cosmetic companies in federal court in Chicago. The lawsuit, Mitchell v. L’Oreal, et al. – 1:22-cv-5815, was filed by Jenny Mitchell, a Missouri resident who used chemical hair relaxers throughout her life and was diagnosed with uterine cancer at the age of 28.
The lawsuit alleges that Mitchell began using hair relaxers at the age of 10 and used the product every 6-8 weeks for 18 years, like many black women in America. This lawsuit is the first of many potential product liability lawsuits against cosmetic companies manufacturing chemical hair relaxers, alleging that they knew or should have known about the increased risk of uterine cancer associated with their products.
How The Hair Relaxer Hysterectomy Lawsuits Work
The ongoing lawsuits regarding hair relaxers and perms will led to the consolidation of all lawsuits in federal courts into a new MDL. This means that regardless of where a lawsuit is filed, it will be transferred to the State and Court that will house the case. As of February 22, 2023, there are currently less than 100 lawsuits filed in this mass tort action, but the number is expected to increase rapidly.
In mass tort product liability litigation, MDLs are similar to traditional class actions, except that the lawsuits remain separate and are only consolidated for pretrial discovery. Many clients are choosing to file their hair relaxer claims in state's with laws that are favorable at this time.
A meritorious class action with substantial damages and strong evidence of the defendants' responsibility can lead to a global settlement. In a MDL action, the lawyers will often propose a plan to the MDL judge for selecting a pool of bellwether candidate cases. These cases will be used to determine which hair relaxer lawsuits should go to trial first, and their verdicts will be used to calculate the settlement amounts and ranges for all cases, should the parties agree to a settlement. The lawyers will select a representative group of 12 cases, undergo fact discovery, and then each side will select two cases out of the 12 for the first four bellwether test trials.
What Hair Relaxer Hysterotomy Settlement Amounts Should We Expect?
The lawyers in our firm have estimated that a hair relaxer lawsuit could potentially result in an average settlement payout of $300,000, with compensation ranging from $150,000 to $1,750,000. However, it is important to note that it is too early to determine the exact value of these cases and any predictions at this stage is also contingent upon the the evidence connecting hair relaxers to uterine cancer being deemed scientifically sound by the courts.
As the first hair relaxer cancer lawsuits have only recently been filed, the scientific evidence has not yet been tested in court. It is premature for lawyers to predict the exact value of these lawsuits, and any estimates should be considered as an educated guess. We provide this information to inform potential plaintiffs of what a hair relaxer lawsuit could be worth and to help them make an informed decision about whether to pursue legal action. It is important to note that compensation for young plaintiffs may be higher, as uterine cancer and other reproductive injuries can result in permanent infertility.
Hysterectomy Verdicts & Settlements
Here are some examples of verdicts and settlements in personal injury cases involving hysterectomy:
Brown v Simmons (New York 2022) $1,330,000: The plaintiff claimed that her OB/GYN negligently failed to treat her uterine fibroids condition by recommending myomectomy surgery early on. As a result, the plaintiff claimed she had to undergo an unnecessary hysterectomy at age 32.
Hadley v Mercy Clinic (Oklahoma 2021) $7,669,636: The jury found that the plaintiff was forced to undergo an unnecessary hysterectomy due to the defendant’s negligent failure to timely diagnose cervical cancer resulting in a 2-year delay in treatment.
Montestersky v Uniontown Hosp. (Pennsylvania 2009) $2,300,000: An 18-year-old plaintiff alleged that the hospital’s negligent failure to diagnose and treat her infection forced her to undergo a hysterectomy. The jury awarded $2.3 million in damages. This case did not have a higher value because she had already had two children.
Burch v United States (Florida 2006) $2,047,301: The defendant hospital staff was allegedly negligent in failing to properly evaluate and treat the plaintiff’s endometriosis, resulting in unnecessary hysterectomy. The jury awarded just over $2 million in damages. The plaintiff’s age was not disclosed, but she was likely at or near the end of her reproductive years, which devalued the case somewhat.
Thomas v Abdul-Malak (Pennsylvania 2006) $1,728,314: The plaintiff claimed that the OB/GYN’s negligent premature rupture of her membranes at 20 weeks gestation resulted in an unnecessary hysterectomy. The jury in a federal court in Philadelphia awarded $1.7 million.
These verdicts and settlements demonstrate that if a plaintiff can prove that negligence caused their injury, they may be able to obtain a significant payout that compensates them for their losses. However, the amount of the settlement or verdict can vary greatly depending on the specific circumstances of the case. It is important to consult with an experienced personal injury attorney to determine the potential value of your case.
What is the Statute of Limitations for Hair Relaxer Lawsuits?
Every state has a specific statute of limitations, which determines the time limit for filing a lawsuit. If the lawsuit is not filed before the statute of limitations expires in the state where the incident occurred, the right to file the lawsuit will be forfeited.
The statute of limitations for tort claims, such as hair relaxer lawsuits, can vary from 2 to 6 years depending on the state. It is important to know when the statute of limitations period begins in your state if you are considering filing a hair relaxer lawsuit.
Most states use the "discovery rule" to determine when the statute of limitations begins in an injury lawsuit. Under this rule, the limitation period starts when the plaintiff discovers or should have discovered that they have grounds for a lawsuit, rather than the date of the plaintiff's injury.
For instance, if a person used chemical hair relaxers for most of their adult life and required a hysterotomy (or any other injury linked to hair relaxer) seven years ago, it would not be too late to file a hair relaxer lawsuit in most states based on the discovery rule. The statute of limitations on hair relaxer lawsuits would not have begun until the connection between hysterectomies and chemical hair relaxer products became public knowledge.
However, in some states, it might be too late to file a hair relaxer lawsuit, especially if the state does not follow the discovery rule. Some states have a "statute of repose," which limits the time for filing a lawsuit regardless of whether the discovery rule applies or not, usually within 7 years or more.
How Do I Join The Hair Relaxer Cancer and Hysterotomy Lawsuits?
To join the ongoing hair straightener lawsuit, call 866-434-0014 or complete the convenient form below and one of our mass tort attorneys will contact you immediately, for a free no-obligation consultation. Start you claim today!