Mark Roman | August 29, 2024 | Personal Injury
You might not suspect that hair straightener products could cause cancer, but it is possible. Thousands of women from all over the United States have filed personal injury lawsuits against hair straightening product manufacturers. Defendants in these lawsuits include the manufacturers of African Pride, DAX, Organic Root Stimulator, and SoftSheen Carson.
Initial Lawsuits
Cancer victims filed the first hair straightener lawsuits in state courts in 2022. After an October 2022 National Institutes of Health (NIH) study concluded that hair straighteners increased the risk of cancer, lawsuits began piling up. Cancer victims allege that the manufacturers knew about the dangers of their products (or at least should have known about them) yet failed to protect the public against them.
Multidistrict Litigation
By early 2023, victims had filed thousands of hair straightener lawsuits. They were so numerous, and their factual allegations were so similar, that the federal justice system consolidated their cases into multidistrict litigation (MDL) in the federal District Court for the Northern District of Illinois. By July 2024, over 9,000 cases had been filed, nearly 8,000 of which are still pending.
Under certain circumstances, many claims can arise with similar facts. This is where multidistrict litigation comes in. This is particularly likely to happen with product liability claims because the same product marketed nationwide might harm thousands of consumers similarly. Rather than prove the same facts thousands of times in different courts, MDL allows a single federal district court to prove basic facts about these cases.
To participate in Multidistrict Litigation (MDL), you must first file a claim in state court. MDL will resolve the early stages of multiple lawsuits with similar facts, including the pretrial discovery evidence-gathering phase. After the MDL resolves these preliminary issues, it returns individual cases to the state courts. Victims ultimately resolve their cases individually, through trial or private settlement, using the findings of the MDL proceedings as ammunition.
Eligibility Criteria
To join the current hair straightener multidistrict litigation, the following facts must be true about you:
- You have used chemical hair straighteners or relaxers for a long period of time (typically for several years).
- You were diagnosed with uterine cancer, ovarian cancer, breast cancer, endometriosis, or uterine fibroids.
- You suffered medical complications and treatment costs arising from your diagnosis.
Ultimately, you need to speak with a lawyer about the facts of your case. If your lawyer believes you can win, you can be almost certain that they will agree to represent you in both the MDL and state court proceedings.
The Statute of Limitations
The Florida statute of limitations for a personal injury claim is currently two years from the date of the injury-causing accident. This means that you will not be able to bring your claim if you wait longer than the limitations period.
However, certain exceptions might apply depending on the date and circumstances of your accident and/or injuries. Therefore, it is always recommended that you consult a personal injury attorney to ensure your claim is filed on time and you don’t lose your chance at recovery.
Recent Developments
Observers expect even more lawsuits as public awareness grows. Here’s what’s been happening recently:
- Studies have linked formaldehyde and other substances found in hair straightener to uterine cancer. Consequently, the US Food and Drug Administration (FDA) proposed a ban on the use of formaldehyde. The FDA postponed this ban, which would have become effective in July 2024.
- Defendants have motioned for dismissal of the lawsuits on several occasions. So far, the federal court has dismissed all such motions.
- MDL litigation often includes bellwether trials. Although these trials are not binding on non-parties, they do help determine how a jury might react to the evidence in their own trial. This can expedite settlement negotiations.
- Further studies have reconfirmed that hair straightener and relaxer products increase the risks of certain kinds of cancer.
It’s not too late to join the litigation. Litigation is ongoing, and the district court is still accepting new cases.
Contact a Personal Injury Lawyer to Discuss Your Legal Options
If you believe you may have contracted uterine cancer from hair straightener or hair relaxer, contact a Clearwater, FL, personal injury lawyer for a free initial consultation. You won’t even have to pay attorney’s fees unless you win your case.
Cancer is incredibly serious, not to mention costly, and multidistrict litigation is complicated. Don’t go through it alone. Seeking representation gives you the best chance at recovery from your physical and monetary suffering.
Contact the Clearwater Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Clearwater. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Personal Injury Lawyers – St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Personal Injury Lawyers – Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500