The many types and causes of hair loss can make getting to the root of what caused a plaintiff’s hair loss extremely challenging in product liability litigation, according to a recent article written by Shook Partner Connor Sears.
Sears authored an Expert Analysis piece for Law360 titled “To Fight Consumer Hair Loss Claims, Focus on Causation,” in which he discusses what plaintiffs need to establish in terms of the type of hair loss a product allegedly caused and how the hair loss presents clinically, as well as how practitioners can defend against such claims.
“Plaintiffs may assert that the temporal relationship between their exposure to a product and their hair loss establishes causation,” he said. “Yet, many natural types of hair loss can have a rapid onset. Further, many underlying health conditions, nutritional deficiencies, hormonal changes or medications can also bring about rapid hair loss. All of those factors would need to be considered and ruled out before causation can be established.”
Sears recommends defense counsel use the discovery process to develop facts about a specific plaintiff’s hair loss, including collecting medical records, information about medications and pictures showing the plaintiff and their family members.