A Beverly Hills plastic surgeon testified Wednesday that his office manager will have longtime physical and emotional damage stemming from internal burns she suffered in 2013 when he tried to remove cellulite from her thighs while using a machine that was represented by the maker to be safe.
Dr. Stuart Linder said he followed all directions he was given by Cynosure Inc. and the company’s representatives regarding the use of the laser machine when he performed the procedure on Adriana Diaz. He said the company representatives never told him that he should not have used the device on an area where he completed lyposuction on his employee in 2011.
But attorney Karin Curtis, on behalf of Cynosure and the salesman, said the device is safe and that Linder misused it.
Trial of the lawsuit that Linder and Diaz brought in October 2014 is being heard by a Los Angeles Superior Court jury.
Linder, who has made television appearances on such programs as “The Doctors,” “The Dr. Oz Show” and “The View,” alleges Cynosure misrepresented the safety of the allegedly defective laser device and falsely told him that it was approved by the FDA.
After the procedure, Diaz suffered scarring, numbness, skin discoloration and other problems, Linder said. She also developed a painful seroma, a pocket of clear fluid that sometimes develops in the body after surgery.
Even now, Diaz finds it hard to walk normally and engage in normal activities, the surgeon said. In addition, her migraine headaches worsened and she also suffered emotional distress, he said.
According to the lawsuit, Linder bought the laser device in October 2012 after persistent prodding by Cynosure salesman Kristopher Huston, who allegedly told the doctor it was the best device of its kind on the market and that he needed to have one to stay competitive.
Linder said the machine was priced at about $200,000 and that it was the biggest medical device purchase he ever made. He said he received training on the use of the machine from Cynosure and complied with all the instructions given on its use before Diaz underwent the procedure in January 2013.
Curtis said Linder allowed Diaz’s seroma to “fester for months” and that he should not have used the machine in the same area where he performed the lyposuction procedure on Diaz.