Hair Relaxer Litigation

Last month was the one year anniversary of the consolidation of cases across the country into a single federal court litigation (“multidistrict litigation” or “MDL”) seeking to hold hair relaxer companies responsible for gynecologic cancers caused by their products. Over eight thousand women, represented by over 100 different law firms, have filed cases that are now pending before one federal judge, Hon. Mary Rowland in Chicago, Illinois.

The Court is actively managing the pre-trial investigation and evidence collection process, and holding the parties to strict deadlines. The fact discovery period is scheduled to close on January 17, 2025. The Court will also be appointing a “special master” to manage the collection of materials stored on computers amongst the parties. A special master is a person the Court appoints to assist it in managing complex litigation and resolving disputes. In this case, the disputes are related to the identification, collection, and preservation of decades of electronically stored information related to the sale and marketing of Defendants’ hair relaxer products.

The Court recently denied L’Oréal USA’s motion to reconsider a prior court ruling that ordered L’Oréal USA to produce documents from its French parent company. The Court denied L’Oreal’s motion and ordered that L’Oreal must produce the documents  as previously ordered.

On December 19, 2023, Judge Rowland issued Case Management Order No. 9, which governs the procedures necessary to complete Plaintiff Fact Sheets (“PFS”) and the signing of authorizations for the release of certain records. A PFS is a standardized questionnaire-styled form used to gain information about plaintiffs’ product usage and injuries. All information disclosed on a PFS or records produced under a signed authorization is treated as confidential. We recognize that completing the PFS can feel burdensome and be upsetting for some of our clients. However for most plaintiffs, this is likely the most time-consuming requirement that will need to be completed in this litigation. If you have any questions about the PFS process, please do not hesitate to reach out to a member of our legal team.

Please stay up to date by visiting hairrelaxercase.org.

Camp Lejeune

Many people of color spent time at Marine Corps Base Camp Lejeune in North Carolina between August 1953 and December 1987. During that time, people at the base were exposed to contaminated water that has since been linked to many cancers and other illnesses. Claims based on these illnesses are progressing quickly in North Carolina federal court, with Elizabeth Cabraser of Lieff Cabraser serves as one of the court-appointed Co-Lead Counsel for Plaintiffs. Trials for “Track 1” diseases—bladder cancer, kidney cancer, leukemia, Parkinson’s disease, and non-Hodgkin’s lymphoma—will begin by the end of this year. The court recently picked the “Track 2” diseases, which will head to trial next: prostate cancer, kidney disease, lung cancer, liver cancer, and breast cancer.  Plaintiffs’ leadership posts all of the court’s most recent decisions at https://camplejeunecourtinfo.com/.

Anyone who thinks exposure at Camp Lejeune might have caused an illness—to themselves or to a deceased loved one—can file an administrative claim with the Navy. If the Navy does not respond for six months, they can file a claim in court using a simplified Short Form Complaint. We recommend speaking with an attorney before taking any action, as the information provided to the Navy can limit damages in a lawsuit. More information can be found here: https://www.lieffcabraser.com/injury/camp-lejeune.

Jackson, Mississippi and Benton Harbor, Michigan Lead Water Crisis Cases

Lead is a toxic metal that causes severe health consequences, especially in children. There is no safe level of exposure to lead.

Proposed class actions have been filed on behalf of residents of Jackson, Mississippi and Benton Harbor, Michigan alleging residents have consumed lead-contaminated water in their public water supply through the actions and failures of their elected officials and private companies.

In Benton Harbor, Michigan, plaintiffs successfully defeated the State of Michigan’s motion to dismiss the case in the Court of Claims. In federal court, the claims are moving forward against the City of Benton Harbor. The defendants have appealed both these orders in favor of plaintiffs. A third proposed class action has been filed in Michigan state court against the private engineering companies and City defendants. The City defendants have filed a motion arguing plaintiffs’ claims are untimely and plaintiffs opposed this motion.

In Jackson, on February 5, 2024, the federal court judge dismissed plaintiffs’ constitutional claims but allowed plaintiffs to file an amended complaint to strengthen claims against the City of Jackson. Regardless of the outcome, Plaintiffs’ negligence claims move forward against the City of Jackson and the private engineering company and the case continues.

To learn more, please visit: Benton Harbor: https://www.lieffcabraser.com/environment/benton-harbor-water-poisoning/ and Jackson: https://www.lieffcabraser.com/environment/jackson-mississippi/.

Social Media Harms to Children and Teens

In 2023, both the Surgeon General and the American Psychological Association put out health advisories on the harmful impact social media use can have on our youth. These harms include anxiety and depression, eating disorders, self-harm, and suicidal behavior. Social media use, however, may differ by race, ethnicity, and gender.  As recently reported by the New York Times, a new study by Pew found “Black and Hispanic teenagers ages 13 to 17 spend far more time on most social media apps than their white peers. One-third of Hispanic teenagers, for example, say they are ‘almost constantly’ on TikTok, compared with one-fifth of Black teenagers and one-tenth of white teenagers. Higher percentages of Hispanic (27 percent) and Black teenagers (23 percent) are almost constantly on YouTube compared with white teenagers (9 percent); the same trend is true for Instagram.” Social media thus can disproportionality impact the mental well-being of Black and Hispanic teenagers. If you are concerned about the impact of social media on your child’s self-esteem and mental health, please consult the Surgeon General’s advisory at https://www.hhs.gov/sites/default/files/sg-youth-mental-health-social-media-advisory.pdf. For more information about lawsuits against the social media companies for harms caused to youth, please visit https://www.lieffcabraser.com/injury/social-media-addictions/

Necrotizing Entercolitis (NEC) in Babies Fed Cow-Milk Infant Formula

NEC is the most common, serious gastrointestinal disease affecting newborn infants. Preterm and low birth weight babies have a higher risk of NEC. LCHB represents families whose children suffered by using this product.

The potentially lethal disease NEC in preterm and low-weight infants has been linked to the use of cow-milk based formula, including Similac and Enfamil. Despite the strong medical evidence establishing the extreme dangers that cow-based products pose for premature infants, manufacturers have marketed and continue to market their cow-based products as an equally safe alternative to breast milk, and indeed have promoted their products as necessary for additional nutrition and growth. Formula companies have historically targeted women of color and systemic and structural barriers, including racism, have resulted in Black and Hispanic families using formula (rather than breastfeeding) at higher rates than white families. 

To learn more, please visit: https://www.lieffcabraser.com/tag/infant-formula/

Talcum Powder Litigation

Johnson & Johnson marketed talcum powder to women and girls, especially women and girls of color, for decades for personal hygiene use and as a method of absorbing moisture. Tens of thousands of lawsuits have been filed by women alleging Johnson & Johnson’s baby powder and Shower to Shower products caused their epithelial ovarian cancer. As alleged in the lawsuits, the ovarian cancer risks were concealed from consumers, a “failure to warn” that has led to injuries and deaths from talc exposure. LCHB represents women who suffered ovarian cancer after use of this product.  For more information, please visit: https://www.lieffcabraser.com/injury/drugs/talcum-powder-ovarian-cancer/