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Defective products: Woman, physician file lawsuit after procedure

Many Texas residents and others around the country elect to have various types of elective cosmetic surgeries. Whether for weight reduction or minimizing the effects of aging, there are numerous procedures available. While any of these procedures come with a level of risk, they are nonetheless performed safely on a routine basis every day. However, problems can certainly arise if potentially defective products are being used. A patient and her surgeon have filed a lawsuit with a company they claim led to her injuries following a treatment.

In 2013, a woman in another state elected to have a cellulite removal treatment at a plastic surgeon's office. The physician used a new laser procedure from Cynosure, a major aesthetic and medical treatment company, called Cellulaze. The woman reportedly suffered swelling, chronic pain and skin deformities following the treatment. The plastic surgeon was led to believe that the treatment had received FDA approval; however, this was not the case. Instead, the company had only FDA clearance at the time.

The woman has asked for an unspecified amount of damages in her complaint against Cynosure. There are 14 counts named in the lawsuit that include false adverting, fraud, product liability and failure to warn. The lawsuit states that the company did not adequately test the product sensor to reflect a patient's tissue temperature during a procedure. The physician claims that the company misrepresented the fact that the laser had received FDA approval. This case is the first one involving the Cellulaze treatment that has been tried before a jury.

When defective products contribute to injuries or complications during medical procedures, victims may choose to file a lawsuit against the company deemed responsible. A Texas personal injury lawyer can help families pursue litigation. A favorable outcome in the proceedings can provide compensation for medical expenses, hospital costs or ongoing therapy.

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