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Hair-loss mum loses personal injury claim

January 2 2014

A woman who claimed a dye product caused her hair to fall and face to swell out has lost a personal injury claim against the manufacturers.

Michelle Buckley, a mum-of-three from St Helen’s, claimed she suffered severe swelling to her face and hair loss after using a permanent hair dye product called Schwarzkopf Live XXL Cosmic Blue.

A personal injury claim was made against the German firm Henkel, which owns the well-known Schwarzkopf brand.

However, a judge ruled the instructions for using the produce were clear which indicated the possibility of allergic reactions.

Ms Buckley, 35, had carried out a “patch test” of the product but argued this was defective as was not enough to indicate that she was allergic to a particular chemical – known as  PTD  – used in the product.

According the Liverpool Echo, Deputy District Judge Ivan Ranson said Ms Buckley had not “sufficiently proved” the patch test was defective.

Mr Ranson said: “The detailed instructions for the use of the hair product are contained in the leaflet and it is intended and expected that these would be read by the user.

“In this case I find that the instruction leaflet in the hair product is clear. The instructions refer at several points to the fact that an allergic reaction maybe experienced. In addition this is also referred to as ‘severe’.

“It is therefore clear from the instructions that there is a risk of an allergic reaction and a number of warnings and precautions are highlighted.

“This in my view would leave the user in no doubt as to what could constitute a severe allergic reaction.

“The leaflet also advises the user to consult a doctor if in doubt. Further if an allergic reaction is experienced then immediate medical attention should be sought.

“I therefore find that the claimant has not sufficiently proved that the patch test is defective.”

A spokeswoman for Henkel said the firm had no comment.

If you have suffered personal injury, call PM Law Solicitors in Sheffield on 0114 2965444