She came to us almost 18 months after she underwent the procedure.
Cool Sculpting is advertised as a process to freeze fat cells and help to get rid of stubborn fat in trouble areas. It involves applying a freezing cold machine to the body. Because of the cold temperatures involved, among other precautions, a piece of cloth [or some similar protective layer] must be placed between the machine and the skin to prevent burning.
We felt the proper steps were not followed to prevent injury. Burns and scarring should not happen. Our job was to prove it.
We looked very closely at the scar and burn marks and matched them up with the shape of the machine part(s) we found. We then identified two separate burn marks. The procedure is supposed to be done one application at a time.
We then did a deep dive on the individual who performed the procedure and held himself out as a ‘doctor’. Turns out he not a doctor – instead, he is a Physician’s Assistant holding himself out as a doctor to his patients. A search on the Medical Composite Board showed no medical doctor that he was even working under. We argued this was a classic bait and switch by the facility. Our client had no idea he was not a medical doctor.
Finally, we retained our own expert dermatologist who provided an affidavit on the steps and safety precautions that should have been taken before performing this procedure. Our doctor clearly laid out the failures of the MedSpa to follow the generally accepted standards of medical care under these circumstances. We felt we had proven the case.
For damages. we argued the scarring was something that our client had to live with for the rest of her life. It was in a sensitive place and obviously made her self-conscious to wear shorts or a bathing suit. however, we had no medical bills or other economic damages like lost wages.
We sent a lawsuit to the MedSpa and in response they invited us to mediation. Despite no medical bills, at mediation, the case settled for $225,000 – which was an amount completely made up of pain and suffering and scarring.
Our client now has the money to decide if she wants to undergo a revision surgery to make the scarring less noticeable.