You could be eligible to file a hair relaxer lawsuit if you or a loved one who has been using a hair relaxer develops cancer. Hair relaxers increase the risk of certain types of cancers, including uterine and breast cancers. The manufacturers of these products could be held liable for any damages incurred following using hair relaxers. If you need help filing a product liability lawsuit in the United States, our attorneys at Consumer Alert Now can help.
Cancer-Causing Chemicals In Hair Relaxers
The endocrine-disrupting chemicals (EDCs) in hair relaxer products are dangerous to the human body. These chemicals can cause hormonal imbalance, leading to cancer-causing properties in the body. Some of the hazardous ingredients in hair relaxers include:
Formaldehyde
Formaldehyde is a proven carcinogen that can cause skin irritation, eye irritation, and respiratory difficulties. You can develop certain types of cancer if exposed to large quantities of formaldehyde.
Bisphenol A
Bisphenol A is an essential ingredient in the production of various plastics. Exposure to bisphenol A can cause blood pressure issues and affect brain activity and cardiovascular functions.
Parabens
Parabens are artificial preservatives commonly used in body care and beauty products. These chemicals can mimic the functions of estrogen in the body. Estrogen is a steroid hormone that promotes the development and maintenance of female biological characteristics. Parabens can disrupt reproductive development, birth outcomes, fertility, and reproductive system functioning.
Other Metals
Most hair relaxer products contain cadmium, aluminum, lead, and cyclosiloxanes. Although these metals are used in smaller quantities, they can cause skin irritations in some users and, eventually, cancer.
Cancers Caused By Hair Relaxers
The following are the common cancers caused by hair relaxers:
- Uterine cancer/endometrial cancer
- Breast cancer
- Uterine fibroids
Uterine Cancer And Hair Relaxers
Research shows that individuals who are regularly exposed to chemical hair straightening products are more likely to develop uterine cancer than those who do not use hair relaxers. Some hair relaxers have chemicals that act as carcinogens that increase the risk of uterine cancer. Hormone-sensitive cancers, like breast and ovarian cancer, have been linked to the use of several hair products. The body can absorb carcinogenic chemicals from hair relaxers through the scalp, which could lead to effects similar to those that estrogen hormone produces.
Also known as endometrial cancer, uterine cancer often begins in the cells of the endometrium or the lining of the uterus. This cancer is widespread in females in the United States. Women of color are prone to uterine cancer because they tend to use relaxers and hair straightening products frequently and from a young age.
However, there is a negligible link between uterine cancer and other hair products, like:
- Semi-permanent dyes
- Permanent dyes
- Highlights
- Temporary dyes
- Bleach
Unfortunately, there is no definitive method to prevent uterine cancer, but you can take specific steps to reduce the risk. Some of the ways that you can reduce the risk of developing uterine cancer include:
- Avoiding the use of chemical hair straightening products
- Maintaining a moderate weight
- Being physically active
- Taking birth control pills, and
- Taking progesterone for individuals who are taking estrogen
You should reach out to a doctor if you experience the initial signs of uterine cancer. The signs could include:
- Nausea
- Fatigue
- Unintended weight loss
- Pelvic pain
- A mass in the pelvic area
- Unusual vaginal discharge
- Unexpected vaginal bleeding
Stages of Uterine Cancer
Your doctor will determine how far the cancer has spread after diagnosis. Doctors assign stages between one and four, and the higher the number, the more advanced the cancer.
At stage one, the cancer is growing in the uterus only. Doctors usually categorize Stage One into Stage 1A and Stage 1B. The cancer could be in the membrane lining the uterus at stage 1A. On the other hand, the cancer has spread into the myometrium at stage 1B.
At stage two, the cancer has moved into the connective tissue of the cervix but not outside the uterus. At stage three, the cancer is beyond the cervix and uterus but not into the lining of the urinary bladder and rectum.
Stage three uterine cancer is also categorized as stages 3A, 3B, and 3C. The cancer has spread into the outer lining of the uterus, ovaries, or fallopian tubes at stage 3A. During stage 3B, the cancer has spread into the connective and fat tissues surrounding the vagina or uterus. On the other hand, at 3C, cancer is in the lymph nodes or pelvic lymph nodes around the aorta.
During stage four, uterine cancer will have spread past the pelvis. Stage four also has two stages, namely 4A and 4B. At stage 4A, the uterine cancer would have spread into the rectum and urinary bladder. During stage 4B, cancer would have spread to regions outside the pelvis, like lymph nodes in the groin and abdomen. It might also have moved to distant organs, like the liver, lungs, or bones.
Breast Cancer And Hair Relaxers
The lifetime risk of breast cancer is the same among whites and women of color in the United States. However, women of color are disproportionately affected by aggressive breast cancer subtypes, like estrogen receptor-negative tumors. These tumors can be diagnosed at a younger age and cause a high mortality rate. Hair relaxers and leave-in conditioners commonly used by women of color have compounds with estrogen or endocrine-disrupting chemicals. Heavy use of lye-containing hair relaxers is linked with an increased risk of breast cancer.
Hair Relaxers And Uterine Fibroids
Fibroids are non-cancerous growths in the muscular middle layer of the womb. They respond to progesterone and estrogen hormones. Fibroids are a major cause of malaise in women, especially those within the childbearing age. Women with fibroids can experience the following:
- Miscarriage
- Fertility issues
- Low red blood cell count
- Bladder problems
- Tiredness
- Pain in the pelvic
- Painful periods
- Heavy periods
Women of color are three times more likely to be diagnosed with fibroids, even though fibroids can occur in women of all ethnicities. Black women tend to:
- Have hysterectomy, womb removal because of fibroids
- Be admitted to hospital with fibroid problems
- Have severe pelvic pain caused by fibroids
- Have a large-sized fibroids
- Develop fibroids at early ages
Women who use hair relaxers are more likely to develop fibroids than those who do not. The risk of fibroids increases with the frequency of hair relaxer use per year for women who have used hair relaxers for ten years or longer. Your chances of developing fibroids could increase, and you could also have a higher likelihood of chemical burns if you use hair relaxers for a longer time.
Whether Manufacturers Understand That They Are Selling Products That Cause Cancer
Users of hair relaxer products do not research product ingredients to ensure their safety. The law requires manufacturers to ensure that their hair products are safe. Sadly, the companies that sell these products have failed to meet this expectation.
The association between hair relaxer products and cancer has existed for a long time. The cosmetic companies that sell hair relaxers understand the risk they expose people who use their products to. In this case, a hair relaxer lawsuit might be the only remedy to hold these manufacturers liable for their actions. Suing these manufacturers can make them stop using ingredients that cause cancer and compensate victims who develop cancer.
Filing A Hair Relaxer Case In The United States
You could be eligible to file a product liability case if you use hair relaxers and hair straightening products often and have received an endometrial or uterine cancer diagnosis. Filing a lawsuit can help you seek compensation for the damages/losses associated with cancer. Product liability lawsuits usually take more extended periods and are complicated. You should seek the services of an experienced attorney to secure the best outcome.
Eligibility To File For A Hair Relaxer Case
You must meet the following requirements for you to qualify to file a hair relaxer cancer lawsuit:
- You have used chemical-based hair-relaxing products
- You have received a diagnosis of uterine fibroids, breast cancer, or uterine cancer
- You have used hair relaxer products for many years
- You began using hair relaxer products later in life but still developed cancer
Product liability lawsuits involve many complex factors and individual fact scenarios, which might not match the above requirements. You should work with a dedicated product liability or mass tort attorney to fully understand your unique circumstances and legal rights. Additionally, it can be hard to file a lawsuit against the hair product manufacturer if your family's medical history shows others who suffered from cancer that is not associated with hair-relaxing products.
You must provide sufficient evidence to prove some elements to recover compensation for the damages related to using hair-relaxing products. The elements you must prove include:
- The manufacturer had a legal duty to provide safe products for consumers.
- The manufacturer breached the duty to warn consumers regarding the possible harm that could have resulted from using their products or breached the general duty to provide safe products.
- You suffered an injury or illness, such as cancer or another related medical condition, due to the manufacturer's breach of duty.
- You can also file a lawsuit on behalf of your loved one who suffered harm after using hair relaxers.
- The death or injury of your loved one was directly associated with the use of hair relaxers known to cause injuries or death.
It could be hard to prove that the use of hair straightening products caused you to develop cancer or led to the harm or death of your loved one. Your attorney will work with medical experts to provide the necessary causation evidence. Medical experts will review your medical record and how you used the products to prove the connection between cancer and the hair products you used.
The Evidence You Could Provide In Your Hair Relaxer Case
Most people, particularly black women, have been diagnosed with cancer after being exposed to hair straightening products for a long time. The evidence you must provide could include the following:
- You have used hair straightening products or hair relaxers
- The time you started using the products
- The number of times you used the hair products
- Whether the hairstylist applied the product on you or you applied it yourself while at home
- Whether you have been diagnosed with uterine cancer or any other cancer associated with the hair relaxers
- Your family does not have any history of cancer
A Class Action Lawsuit
People who have suffered economic and non-economic injuries because of a manufacturer's recklessness can seek legal relief through a class action petition. Your attorney can help you secure the results you deserve even if the damages awarded in this type of litigation could be relatively small, depending on the individual case. You should seek the services of a competent attorney if you develop cancer because of hair relaxer products. The attorney will determine if other parties have suffered in a similar incident by conducting a thorough case evaluation. A thorough evaluation could also help your attorney know if similar petitions are pending or if the case could continue, given the state's statute of limitations. Your attorney will also establish the right at-fault parties and determine if your case would succeed as an individual lawsuit or in a class action setting.
The victim filing the case is the lead plaintiff, while those affected by the hair relaxer products are called class members. The attorney submits a complaint outlining the economic and non-economic damages being sought once it has been established that a class action lawsuit is necessary. Once the attorney files for a class action lawsuit, the presiding judge determines if the case should be classified as a class action case. Your attorney will start the discovery phase when this designation has been obtained. The attorney will submit a request for documents and gather the testimonies of eyewitnesses.
The judge will ask the case representative, through their legal counsel, to inform all possible parties to "opt-in" or join the legal action once a class action lawsuit is initiated. In this case, the parties could be people affected by the lawsuit's results. A class action could expeditiously resolve the issues, which would otherwise exhaust resources and time. The judge could prevent individual claimants from filing a case against the same defendant for the same damage because several claims are consolidated into one case.
Trial Phase
Most class action cases settle out of court, where a fund is created to compensate class members fairly. However, some cases are tried before a jury. In this case, the lead victim and class members are asked to substantiate the grounds for their case. If the victims and company fail to settle, the jury will choose in favor.
The attorney involved in the case will inform the class members of the settlement once the case has been settled. He/she will also notify them of their right to opt out of the case. If some class members fail to collect their compensation, the awarded damages could be given back to the hair relaxer products company.
Alternatives For Women Who Want To Continue To Straighten Their Hair
Flat ironing is a viable way for women to continue straightening their hair without exposing themselves to harmful chemicals. Blow-drying and flat ironing could also be a better combination. However, this combination can permanently affect the texture of your hair. It is, therefore, recommended that you use this combination sparingly.
Another option is to use a weave. In this case, your hair is braided down near the scalp, and tracks of straight hair are sewn in. You could straighten your hair using this method without exposing yourself to harm. Protective hairstyles and wigs, including braids, are other options available. You could use micro-braids, which have some hair left out, to provide a straight hair aesthetic.
The Damages You Could Recover From A Cancer Hair Relaxer Case
You could recover two types of financial losses if your claim is successful. They include economic and non-economic damages.
Economic Damages
Also known as special damages, economic damages have a specific monetary value and could include:
- Rehabilitation expenses
- Psychological therapy for mental and emotional distress
- Loss of future earning capacity
- Lost income
- Medical assistance aids
- Medical expenses, like radiation, chemotherapy, surgery, healthcare appointments, follow-up meetings, prescription drugs, and prescribed over-the-counter medications
- Final life expenses, including medical and death costs, if cancer killed your loved one. These costs could include funeral and burial expenses, final medical bills, and cremation costs.
Lost Earning Potential
Lost earning potential is also called future lost wages or lost earning capacity. It is the decrease in your ability to earn income. It could also be a complete inability to earn income because of the injuries from the hair relaxer products. Claiming lost wages could be easy using tax returns and pay stubs as evidence. However, it could be more complicated to prove lost earning potential. You must provide evidence of what you believe you will lose in income throughout your work because of the injuries from hair products.
You require a skilled attorney to help you calculate what you reasonably would have made throughout your work life were it not for the injuries. An expert witness could use work-life expectancy charts to calculate the average retirement age based on your ethnicity, occupation, and gender.
Non-Economic Damages
These are intangible damages that are hard to calculate. They can include the following:
- Pain and suffering
- Loss of quality of life if your cancer treatment causes fatigue or other problems, which could lower your standard of living, especially if you have to take medications for the rest of your life.
- Loss of consortium if you are unable to enjoy a sexual relationship with your spouse or partner
- Loss of enjoyment of life if you are unable to engage in things you loved doing in the past
- Loss of companionship with your family members
Pain and Suffering
Pain and suffering are non-economic damages involving both emotional and physical suffering. This encompasses all the pain, anguish, and mental trauma you suffered because of the injuries from the hair relaxer products. In this case, damages means the money you could receive after filing an injury claim. The company could be ordered to pay you for injuries because of its negligence or intentional acts. The company's insurer could also award you the damages.
Physical injuries you suffer from hair relaxer products can be extremely painful, taking days, weeks, months, or years to resolve. The injuries could be permanent, leaving you with constant physical pain. Some of the physical injuries for which you could seek pain and suffering compensation include:
- Organ damage
- Nerve damage
- cancer
You could also suffer emotional distress as pain and suffering. Also known as mental anguish under U.S. law, emotional distress exists when the hair products company's negligent actions cause you to suffer mental harm. The mental pain can be severe and can inflict permanent damage. Emotional pain and suffering can also lead to mental and psychological distress. This type of suffering can include:
- Cognitive changes
- Grief
- Insomnia
- Fear
- Anger, and
- Post-traumatic stress disorder
You should seek the services of a competent personal injury attorney to help you pursue compensation. When filing a claim, you must provide substantial evidence of your pain and suffering to be awarded the compensation. Some of the evidence could include:
- Personal documentation like journals or diaries outlining the pain you experience
- Photographs and videos
- Medical records
- The notes from a doctor or therapist
The court can award you compensation based on the following factors:
- How you are affected by cancer or medical treatment
- What treatment or care have you received
- The severity of your condition
- Whether you lost your loved one from cancer caused by hair relaxer products
Find an Experienced Product Liability Attorney Near Me
Have you suffered uterine fibroids or cancer after using hair relaxers? You might be eligible to file a product liability lawsuit against the manufacturer to seek compensation for your damages. Some of the damages you can record in a product liability lawsuit include medical expenses, lost wages, lost earning capacity, pain and suffering, loss of consortium, and loss of enjoyment in life. If you need reliable legal counsel and representation in the United States, contact Consumer Alert Now. Call us at 800-511-0747 to speak to one of our attorneys.