This case involves an esthetician who was handling the components of a multifunction spa treatment device. The esthetician was holding the high-frequency electrode like a pencil as she inserted it into its handle. The electrode suddenly shattered and the broken glass severely cut her at the base of her right index finger. This caused her radial digital nerve to be severed. The unit had been designed by the manufacturer to require that the esthetician use their bare hand to apply force to insert the electrode into the handle. The esthetician was later diagnosed with complex regional pain syndrome (CRPS) that affected the area of her right hand along the base of her middle finger, through the base of her thumb, and continuing towards her wrist. The esthetician also developed “trigger finger” which caused her right index finger to remain in a permanently flexed position. The esthetician was required to undergo treatment that involved pain medication and the use of stellate ganglion blocks. The esthetician eventually reached the point where the CRPS became permanent and was impossible to cure.

Spa treatment devices are used in skin care and work by using a current that is transmitted to the skin through the electrode and can kill harmful bacteria, can increase circulation under the skin and can also aid in the skin being able to absorb the chemicals in certain skin care products. The high-frequency function on a spa treatment device involves a high-frequency handle and a high-frequency glass electrode. The electrode must be inserted into the handle and this requires a certain insertion force to be used by the esthetician. The danger from using this device is that if the electrode is pushed too hard into the handle, the electrode may shatter and can cause severe cuts to an esthetician’s hand. The instructions for using the electrode that are usually provided by the manufacturer state that an esthetician should never “push” the electrode into the handle using the palm of the hand. The instructions also usually state that the esthetician should hold the electrode by the thumb and index finger when they are trying to insert the electrode into the handle. The problem with these devices is that many manufacturers fail to make it clear that there is a danger that the electrode might shatter, crack, or degrade if it is pushed regularly while being inserted in into the handle. The manufacturer in this case should have made it clear that repeated insertions of the electrode into the handle could cause it to shatter. Also, the manufacturer should have given clear directions that the esthetician should check the electrode for damage before trying to insert it into the handle. Also, the manufacturer should have given directions requiring estheticians to wear protective gloves to prevent cuts if the electrode shatters during insertion into the handle.

1. Is the glass electrode configuration on a spa treatment device unreasonably dangerous, and what could make the electrode shatter and cut someone?

Esthetician Severely Injured by Defective Spa Treatment Device

This esthetician case involves an adolescent who went for a hair treatment at a local beauty salon in Rhode Island. The hair stylist did not ask the plaintiff about any allergy history or aversion to certain products before applying the treatment product, which was intended to impart a permanent curl in the customer’s hair. The plaintiff’s scalp started to burn immediately after the treatment was applied. Nevertheless, the product was removed using a cleaning rinse and was once again reapplied. The plaintiff subsequently suffered chemical burns requiring multiple surgeries to repair, and suffers from permanent disfigurement.

I hold a Cosmetology and Salon Manager license. I have been in the hair industry since 1982 and have owned a salon for 16 years. Is this the first time the client has had this type of procedure on her hair? If not, was there a change in the brand or maker of the product? We are to give preliminary patch tests for all chemical services. I have always had a policy as to what I was or was not comfortable with when it pertained to young women patrons, as their hormones can play havoc with chemicals. The same is true of pregnant women and I have seen some bizarre happenings. If a client experiences burning, we are to immediately remove it and never reapply the same product.

1. Please briefly describe your experience with cosmetology. 2. Can you speak to best practices for ensuring young patrons do not have a bad reaction to products being used?

Location: PA Training, Cosmetology, Bucks County Vo-Technical School Former S****** G*** M******* C********* H*** S**** Former S****** G************* V******* H*** S**** Former S****** S**** G******* H*** S**** Former S****** E******** H*** S**** Former S************** F***** H*** S***** Current O**** a** O******* o* a H*** S**** i* P*

Northeast

Rhode Island

This expert in Cosmetology has over 30+ years in the Hair Industry. She completed her Cosmetology Training at the Bucks County Vo-Technical School and started her career as a Shampoo Girl. She has worked as a Stylist, a Manager, and is now currently the owner and operator of her own hair salon in PA.

Cosmetology Expert Opines on Chemical Burns From Hair Treatment

This case involves a woman who was injured when she slipped and fell inside of the health spa facilities at her gym in Delaware. At the time of the incident in question, the woman had finished her workout and was entering the gym’s steam room. Upon entering the room, however, she immediately lost her balance and struck her head on one of the benches. In addition, the woman also suffered severe burns when her body came into contact with the steam outlet. It was alleged that there was insufficient guarding over the steam outlet to prevent these kind of burns.

I have personally installed over 1,600 saunas and steam rooms. Some clients come to me with plans drawn, and we review and amend as needed for safety and optimal use. Typically, I draw the plan and have the client sign off on the layout. Most heater manufacturers will send specifications for heater guard clearances with their units as well. Based on what I have read, heater guards should be built a few inches away from the heater or steam outlet exteriors, mounted securely, and should not exceed the outside height of the heaters or steam outlets.

1. What background do you have in the design, engineering, or manufacturing of steam rooms? 2. Is it standard for a steam room in a gym facility to have some kind of protection over the hot area?

Location, VA Current O**** S**** I*********** a** M************ C****** N*********

Delaware

This highly qualified expert has over 30 years of experience in Sauna Design and Installation. He has been the owner of a major Sauna Company and has installed commercial, residential, indoor and outdoor Saunas nationwide.

Woman Suffers Burns After Falling in Unsafe Steam Room

Location: NC Diploma, Esthetician, Michigan College of Beauty Certified, Cutera Laser, Syneron-Candela Laser Corporation Licensed, Esthetician Member, National Society of Paramedical Esthetic Professionals Former, Medical Esthetician, Troy Laser Center, Troy Institute of Aesthetic Medicine Former, Adjunct Instructor, National Procedures Institute Former, Adjunct Instructor, Brunswick Community College Former, Adjunct Instructor, Wake Technical Community College Former, Writer, Cengage Learning, Milady Publishing Current, Founder, a cosmetic laser education company Current, Instructor, a cosmetic medicine academy

This expert has reviewed 4 cases and has testified at trial once.

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Esthetician Severely Injured by Defective Spa Treatment Device

Cosmetology Expert Opines on Chemical Burns From Hair Treatment

Woman Suffers Burns After Falling in Unsafe Steam Room

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