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Thursday, March 28, 2024 | Back issues
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Doc Claims ‘Body Sculpting’ Laser Is Dangerous

LOS ANGELES (CN) - A $207,000 "body sculpting" laser injured a patient on its first use, a plastic surgeon says, and he wants his money back and punitive damages from the company that sold it to him.

Dr. Stuart Linder sued Cynosure Inc. dba New England Cynosure, in Superior Court.

Linder specializes in plastic surgery at his office in Beverly Hills, he says in the lawsuit. He claims he paid $207,168, taxes included, for a "Smartlipo Triplex Laser Body Sculpting and Cellulaze Cellulite Laser Workstation."

He wasn't happy with it.

"The very first time plaintiffs used the equipment, as directed by the defendants and as designed, during a procedure on plaintiffs' patient, the equipment injured the patient," the complaint states. "Clearly, plaintiffs could not use the equipment again on a patient since plaintiffs now knew the danger the equipment posed to a patient when the equipment was used as designed and as so directed by defendants."

Linder claims that Cynosure's misrepresentations threatened "the health and life of plaintiffs' patients."

"It is clear that the equipment is defective, can and did cause injury when used as directed by defendants and as designed, and is unsafe and inappropriate for use on patients when used as directed by defendants and as designed."

He says he tried to return the defective laser to Cynosure, but it refused to take it back or refund his money.

He seeks rescission and restitution and compensatory and punitive damages on 14 counts, including fraud, negligent misrepresentation, false advertising, conversion, product liability, breach of warranty and failure to warn.

He is represented by Arthur H. Barens.

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