Products Liability
New evidence linking chemicals in hair relaxers to uterine cancer, ovarian cancer, and other health conditions has sparked a growing wave of hair relaxer lawsuits. The JPML is expected to create a new hair relaxer class action MDL and this is one of the biggest new mass torts in 2023. So how much will hair relaxer lawsuits be worth?
In this post, our lawyers offer our best estimate for what the settlement value of hair relaxer lawsuits could be. These estimates are purely speculative in nature, and they are based on the major assumption that the hair relaxer lawsuits will hold up in court.
Evidence Linking Hair Relaxer to Cancer and Other Conditions
For the last 12 years, researchers at the National Institutes of Health (NIH) have been conducting a major health study (called the “Sister Study”) on risk factors for breast cancer and other female diseases. The Sister Study is still ongoing, but over the last 16 months the researchers have made some significant findings and published articles on those findings.
First, in October 2021, the Sister Study research team published an article in the journal Carcenogenesis reporting that the use of chemical hair relaxer products may increase the risk of ovarian cancer. Specifically, the Sister Study results indicated that women who reported frequent use of hair relaxers or straightener products (four times per year or more) displayed a 50% increase in the risk of ovarian cancer.
A year later, another article reporting on the result of the Sister Study was published by part of the NIH research team. According to the article, the Sister Study results showed that frequent use of chemical hair relaxers was associated with a 150% increase in the risk of uterine cancer.
These articles established decisive proof of a causal connection between hair relaxer and 2 estrogen-related cancers. Chronic exposure to the chemicals in hair relaxers has also been linked to increased risks of other health conditions involving the female reproductive system such as uterine fibroids and endometriosis.
Hair Relaxer Class Action Lawsuit
The publication of the Sister Study articles quickly prompted hair relaxer product liability lawsuits. The first group of hair relaxer lawsuits were filed in October 2022 and by the end of the year, nearly 20 hair relaxer cases were pending in federal courts across the country.
The hair relaxer lawsuits are being filed by women who used chemical relaxer products for years and were subsequently diagnosed with one of the health conditions linked to these products: uterine cancer, ovarian cancer, uterine fibroids, or endometriosis.
Millions of women (mostly African American) use hair relaxer products like Dark & Lovely, Motions, and Optimum, which means that the size of the potential plaintiff field for this litigation if very big. As we head into 2023, the JPML is expected to centralize the hair relaxer lawsuits in federal courts into a new class action MDL. The hair relaxer class action MDL could eventually involve thousands of plaintiffs.
Potential Hair Relaxer Global Settlement
Mass torts involving product liability claims, like the hair relaxer lawsuits, are usually resolved in big settlement payout deals called “global settlements.” In a typical global settlement deal, all of the various defendants agree to contribute money into a very large settlement fund. This settlement fund is then used to make settlement payments to all plaintiffs in the litigation.
The amount of settlement money each individual plaintiff receives is generally determined based on a complex set of criteria that rank plaintiffs into settlement tiers based on the strength of their claims. The plaintiffs ranked in the top settlement tier get the highest settlement payouts. Plaintiffs in the lower settlement tiers get less money.
If the hair relaxer lawsuits are resolved in a global settlement, the settlement tiers will probably be based on injury type. Uterine cancer and ovarian cancer will be in the top tiers because they are the most serious injuries. They are also the injuries with the strongest evidence of causation.
Settlement Value for Hair Relaxer Uterine Cancer Cases
Uterine cancer cases are going to have the highest potential settlement value in the hair relaxer class action. The evidence establishing the causation link between uterine cancer and hair relaxer use is very strong and very likely to hold up to legal challenges in court. Although uterine cancer can be effectively treated and has a high survival rate (85%), it is still cancer. Moreover, some uterine cancer cases involving very young plaintiffs could have very high values because uterine cancer usually results in loss of fertility.
Based on the strength of the causation evidence and the severity of the injury, we estimate that hair relaxer cases involving uterine cancer could have a settlement value of $300,000 to $1,750,000.
Settlement Value of Hair Relaxer Ovarian Cancer Cases
The scientific evidence connecting ovarian cancer to the chemicals in hair relaxer is solid, but it is not as definitive as the causation evidence for uterine cancer. For this reason alone, ovarian cancer cases will probably have a lower settlement value than uterine cancer. In terms of severity of injury, however, ovarian cancer is definitely more serious. Ovarian cancer has a much lower 5-year survival rate compared to uterine cancer.
For these reasons, our lawyers estimate that a successful hair relaxer lawsuit involving ovarian cancer as the primary injury could have a settlement value of $400,000 to $700,000.
Settlement Value of Hair Relaxer Uterine Fibroids Cases
Hair relaxer cases in which uterine fibroids is the primary injury will probably be in the second settlement tier. Uterine fibroids are not life-threatening, but they can cause extreme pain & suffering. In many cases, surgery is the only effective treatment. The pain aspect of uterine fibroids cases increases their potential settlement value. However, the causation evidence is not overwhelming.
Our attorneys believe that if a hair relaxer lawsuit involving uterine fibroids is successful, a reasonable settlement value estimate would be $75,000 and $100,000. (We are not taking these cases.)
Settlement Value of Hair Relaxer Endometriosis Cases
Endometriosis will also be a tier 2 injury in the hair relaxer litigation. This is primarily because the scientific evidence linking endometriosis to hair relaxer use is not as definitive. This will make endometriosis cases more difficult to prove and, therefore, less valuable. The other factor impacting the value of these cases is that endometriosis is not a life-threatening injury. It can, however, cause infertility which is a potentially high value consequence.
We think that the settlement payout value for hair relaxer lawsuits involving endometriosis will be $75,000 and $100,000. (We are not taking these cases.)
Contact Us About Filing a Hair Relaxer Lawsuit
Our firm is currently accepting hair relaxer lawsuits. If you used chemical hair straightener and were later diagnosed with uterine cancer, ovarian cancer, endometrial cancer, contact our office today for a free consultation at 800-553-8082 or get a free online consultation.