Legal News

Is Laser-Hair Removal the New Asbestos?

By Ashby Jones

Straightaway, let’s answer our own question: Of course laser-hair removal is not the new asbestos. But as loyal LBers know, we get a kick out of deliberately over-hyping any reported uptick in a certain type of product-liability case. In just the last few months alone, we’ve showcased our irrational exuberance over chinese drywall and denture-cream.

But today, by way of the National Law Journal’s Tresa Baldas, we bring you news of a spike — or future spike — in laser-hair removal litigation.

It’s an interesting article, especially for anyone else out there who’s never had the privilege of time spent at a “medi-spa.” For the uninitiated, as the name implies, these are spas where small plastic-surgery procedures, like laser-hair removal, are performed.

According to the article, medical supervision at medi-spas can be somewhat lacking. Writes Baldas:

While most states require that a doctor supervise such procedures, lawyers say it’s not happening. Some states, including Florida, New York and Illinois, are considering legislation that would more tightly regulate medical spas. In the meantime, medi-spa claims are showing up on dockets around the country.

And plaintiffs’ lawyers say that that’s part of the problem. “No one really regulates them. I think that’s part of the problem,” says Thomas Boleky of Beutel Hurst Boleky, a personal injury firm in Chicago.

Some examples of recent suits, according to the NLJ:

In Arizona, a woman recently sued a spa in state court, alleging she was “severely burned and scarred” during laser hair removal. Also in Arizona state court, a man in April sued a spa over scarring, “extreme pain” and burning he allegedly suffered from laser hair removal on his back and shoulders. In North Carolina, a woman in January won a $500,000 judgment against a medical spa over a blood infection she allegedly developed from a procedure to reduce fat in her stomach.

Jill Goldsmith, the managing partner of the Phoenix office of Bowman and Brooke, which is defending a handful of these suits, warned of an increase in these types of suit.

“I believe we’re seeing the beginning of this industry being targeted,” Goldsmith said. “Both mom-and-pops and chain companies have sprung up around the country in the past few years, creating a new billion-dollar industry and litigation hot spot.”

Full post as published by Law Blog - WSJ.com on September 02, 2009 (boomark / email).