Girardi | Keese

Defective body-sculpting laser center of product liability case

Most people in California have heard or seen a commercial about new laser treatments that promise the removal of everything from unwanted hair to body fat. And while most cases do not end in injuries, there are those few that do crop up as the result of a defective product.

That’s the claim this month in Los Angeles after a patient was seriously injured after undergoing a laser treatment in a Beverly Hills office. The doctor who discovered the danger is now suing the manufacturers of the laser, Cynosure Inc. dba New England Cynosure, in Superior Court for the damages the machine caused and restitution for the now unusable machine.

According to the doctor, he had purchased the body-sculpting laser for roughly $207,000 and had only used the machine once before it injured one of his patient. The doctor insists that he used the machine exactly as directed and argues that the manufacturer knew the danger the machine posed despite using it how it was designed. Cynosure Inc. is accused of producing and selling a defective product that can and did cause injury. In the doctor’s lawsuit, he states that he tried to return the defective laser to Cynosure Inc. but was refused a refund. The doctor insists that he is no longer able to use the machine without risk of causing further injury to patients.

As many of our readers will agree, this case demonstrates the danger manufacturers put consumers in when they negligently misrepresent a defective product. As the doctor points out in his lawsuit, companies like Cynosure Inc. should be held liable for the dangers in which they put consumers. He is currently suing for an undisclosed amount for punitive and compensatory damages as well as rescission and restitution for the unusable machine.

Source: Courthouse News, "Doc Claims 'Body Sculpting' Laser is Dangerous," Elizabeth Warmerdam, Aug. 1, 2013

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