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Seven new hair relaxer product liability lawsuits have been filed in federal courts since the start of 2023. Four were filed in the Western District of Missouri, and the others were filed in the Northern District of Ohio, the Eastern District of Michigan, and the Eastern District of Louisiana. Uterine cancer was the primary injury alleged by five of the plaintiffs. The injuries alleged in the other two cases were ovarian cancer and uterine fibroids. Two more hair relaxer lawsuits were filed in federal courts yesterday. The first was filed in the Northern District of Illinois (the 10th hair relaxer case now pending in that district), and the second was filed in the Western District of Washington (the first in that district).
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If you don’t file your case before your state’s statute of limitations expires, you will lose the right to file your lawsuit. The defendants named in the motion include L’Oreal USA, Inc. and a handful of smaller, non-public companies. But their lawyers will probably request an alternative venue other than Chicago, Illinois, that they view as more favorable. A ruling from the JPML centralizing the hair relaxer cases into a new class action MDL is expected sometime this week. If you’re filing a new case, it must be filed separately in the Northern District of Illinois.
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Setting aside the issue of whether this is too much of an ask, keep in mind that this has nothing to do with how much compensation you receive for your hair relaxer cancer lawsuit. This is about how much money the lawyers in leadership take from your lawyer’s fee. One of the downsides of using a relaxer is that you might end up with hair limpness.
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Hair relaxers contain a phthalate chemical called Di-2- ethyl hexyl phthalate (“DEHP”). DEHP is a synthetic chemical that is not found naturally in the environment. DEHP is considered a probable human carcinogen and it is known to cause significant adverse-health effects including developmental abnormalities and reproductive dysfunction and infertility. There was a telephonic hearing yesterday to resolve multiple disputes related to the nuts and bolts of discovery.
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Lawsuits like the hair relaxer litigation are rarely won with a Perry Mason moment at trial. They are more typically won in the trenches getting the documents necessary to prove your case. If you’re prone to scalp irritation, this gentle relaxing formula is a great choice. Follow with one of our tested and reviewed scalp treatments for better hair health.
More than twice is a huge finding that has jump-started the hair relaxer litigation. This new hair relaxer case comes on the heels of the recent motion to consolidate the hair relaxer cancer cases into a new class action MDL. Our focus is on victims who have suffered significant injuries and death from hair relaxers. There are now at least 15 hair relaxer personal injury cases and three hair relaxer consumer class action cases pending. The JPML will decide to consolidate these cases into a new hair relaxer class action lawsuit next month. These updates of a few dozen hair relaxer lawsuits being filed will seem silly in hindsight if our prediction of over 100,000 claims in the MDL class action holds up.
A study led by the Boston University School of Public Health has demonstrated a link between the usage of chemical hair straighteners and declines in fertility. The research also discovered that these groups began using relaxers earlier, more frequently, and for longer periods, correlating with a drop in pregnancy chances. When the hair relaxer class action MDL was created earlier this year, there were just 21 pending cases before Judge Rowland in the Northern District of Illinois. Just 5 months later and there are now 236 pending cases in the hair relaxer MDL. There were 117 new cases added to the hair relaxer class action MDL over the last month, bringing the current number of pending cases up to 8,334. This is certainly a far cry from last summer when the MDL was averaging 2,500 new cases a month.
The order is part of Judge Rowland’s effort to manage an MDL that has started to explode in size over the last few weeks. Hair relaxer lawyers continue to battle over the production of documents. A hearing was held by Judge Sheila M. Finnegan to discuss the idea of hiring a Special Master with expertise in Electronic Stored Information (ESI), based on what both sides had previously reported.
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The pace of new hair relaxer lawsuits has increased dramatically since the start of the new, with six new cases just in the last week. Last week we saw the highest weekly volume of new hair relaxer product liability lawsuits filed in federal courts, with 24 new cases. Fourteen new cases were filed on Thursday, and the other ten were filed on Friday. All but three of the new cases were filed in the Northern District of Illinois, which is the venue for the hair relaxer MDL. A Master Complaint has been submitted in federal court by the plaintiffs in the ongoing hair relaxer lawsuits. It is a consolidated document that outlines the common allegations raised in multiple individual lawsuits.
Last week, a new type of class action hair relaxer lawsuit was filed which seeks to force cosmetic companies to pay for a medical monitoring program for women who may be at risk from the harms of chemical hair relaxers. Since the start of February, 11 more hair relaxer product liability lawsuits have been filed in federal courts. The remaining four were filed in districts nationwide but will all be transferred into the new hair relaxer class action MDL. The primary purpose of a Master Complaint is to streamline the litigation process by combining all common allegations and evidence into a single document. This reduces duplication of effort, promotes judicial efficiency, and ensures consistent rulings across similar cases.
The hair relaxer lawsuit filed by Jenny Mitchell is the first of what could potentially be thousands of new product liability lawsuits filed against cosmetic companies that manufacture chemical hair relaxers. These lawsuits will allege that the manufacturers knew, or should have known, that the chemicals in their products could increase the risk of uterine cancer. In most states, it would not be too late to file a hair relaxer lawsuit based on the discovery rule. When you were first diagnosed with uterine cancer 7 years ago, you would have had no reason to think that your cancer was somehow related to hair relaxer. The connection between uterine cancer and chemical hair relaxer products did not become public knowledge until October 2022 were findings from the NIH Sister Study were published. This means that in states that follow the discovery rule (which is most of them), the statute of limitations on hair relaxer lawsuits did not begin to run until October 2022 at the earliest.
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