This case involves a cosmetic product used on facial hair on men. John Doe, who is an African-American, purchased the product and after its use, had a permanent depigmentation (loss of color) on part of his face.

Facts

During the month of September, 1995, John Doe purchased a cosmetic hair product used for facial hair from a manufacturer through his local drug store.  He had not previously applied this or any other hair coloring product to his beard.  John Doe was not affected in any way by the patch test which was instructed to be done before using the product.  He believed the coloring to be safe after the patch test was negative.  He then used the product on two separate occasions.

The first time he used the product he had no reaction.  Then a second time, two-three months later, Mr. Doe had a terrible allergic reaction.  John Doe developed a rash or dermatitis in the area of his chin and upper lip where this product had been applied. His skin appeared to be severely dried up and/or dead.   His skin began to itch and the skin began peeling off leaving the skin area white and distinctly conspicuous on the face of this Afro-American man.

No other coloring substance was applied to John Doe's beard or other hair at any time.  He had never tried any other product besides the defendant's.  He had no known allergies or any reason to anticipate a problem with any particular substance or product.

Despite the vigilance and precautions John Doe utilized in applying the cosmetic product used on facial hair, the directions and warnings accompanying this product were insufficient to prevent the unsightly loss of natural skin pigment in the area of his chin and skin above his lips.

As John Doe's lawyer, we contended that the defendant - manufacturer failed to properly test and/or provide adequate instructions or warnings to consumers about the risks of loss of skin pigment. RCW 7.72.030, the Washington state product statute, formed the basis for John Doe to file and bring a successful products liability suit.  The suit was premised in a theory of "failure to warn" of the risk of loss of skin pigment.  An adequate warning would have given John Doe the opportunity to make an informed decision.  Regarding the use of this product, Afro-American men would be most harmed by a loss of pigmentation, particularly if it was permanent.

Damages

It has now been over four years since John Doe used defendant XYZ corporations product and there has been no change or improvement in the appearance of his chin and lip area.  Plaintiff's expert doctors, and a noted nationally renowned specialist in depigmentation on Afro-Americans, opined that the condition was permanent.  There was no issue as to the fact that the product caused the loss of pigment.  The defendant contended the plaintiff did not correctly patch test the product nor did he use it properly.

At 47 years of age, John Doe will be required to cope physically and emotionally with this embarrassing alteration of his appearance for the remainder of his 28-year life expectancy.

In an effort to minimize the effects of this loss, John Doe uses costly make-up products which he is required to carry with him at all times and must use constantly for the remainder of his life.  He has tried various brands and types and is still not satisfied that the coloring of any is an acceptable match to his own skin tone and color.  Even though these products have decreased the curious stares and inquiring remarks, they are certainly no solution or remedy and are highly detectable from close range.

John Doe cannot go swimming or get his face wet in any other manner without the makeup coming off and therefore, he has given up some of his activities and must be careful about getting caught in the rain.  He is also forced to be very cautious about the foods he eats in public as frequently the oils or other ingredients will cause his makeup to run or wear off.

Because John Doe's disfigurement was permanent and there is no likely therapy to cure the condition caused by the product, we were able to recover a significant amount of compensation for him.

Mr. Doe recovered $450,000.  The settlement amount and discussion in general terms is permissible.  But the detail of the terms, conditions and parties are confidential.

April 4, 1999
Robert Kornfeld, Attorney for John Doe

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