Lawsuits claiming a product defect in Victoria’s Secret bras continue to rise. Specifically, the majority of the claims appear to be that Victoria’s Secret bras give the rashes and other skin problems to users. Last week, plaintiffs’ lawyers filed a motion seeking MDL status for the 600 Victoria’s Secret lawsuits that have been filed.
People (okay, men) get worked up just hearing the words “Victoria’s Secret bra” because of the images that it conjures up. Let’s jump back to reality. A sixty-six year old West Palm Beach woman is quoted as saying the Victoria’s Secret bras she wore gave her a “horrible rash” and hives. “It kept burning and itching. I finally stopped wearing the bras,” the woman interviewed by the Associated Press said. “It disappeared, but it still burns every once in a while.” There may be serious claims out there. But this woman’s case is not an example of a case that I think should be in an MDL.
Setting aside this new Victoria’s Secret image which sets back millions in advertising, I’m not sure “I had a rash that burns and itches and comes back every once in a while” rises to the level of an MDL (consolidated as a class action lawsuit for the purposes of discovery). I can’t help but wonder if the lure of “Victoria’s Secret bras” is what drives cases like this. Would these cases have been filed if the bras were “Kmart Brand” bras? Moreover, what are the real damages here? Who really gets compensated in these kinds of cases besides the plaintiffs’ lawyers?
I don’t see any Maryland lawyers involved in these claims or any lawsuits filed here in Maryland. But if an MDL is certified, you can expect that to change. Our lawyers are accepting these Victoria’s Secret claims but are handling only a subset of these plaintiffs: Victoria’s Secret supermodels. Accordingly, for us to consider your Victoria’s Secret claim, you will need to provide written proof in People or Us that you have been referred to as a supermodel.