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Salon applies acrylic nails to bleeding fingers: Osteomyelitis: Amputation: Settlement

Law Reporter,  Dec 2002  

NEGLIGENCE

Burgess ro. Nguyen, Mo., Jackson County Cir. Ct., No. 00CV202190, Apr. 16,2002.

Burgess, 47, went to a salon to have a new set of acrylic fingernails applied. The salon had difficulty removing the set of acrylic nails it had applied during Burgess's last visit, and finally removed them using a grinding wheel, leaving Burgess's fingers bleeding. The salon then applied a new set of acrylic nails over Burgess's bleeding nail beds. Over the next five weeks, Burgess' fingers became painful and swollen. She was diagnosed with osteomyelitis, and a portion of her right index finger was amputated. Her medical expenses totaled $18,000.

Burgess sued the salon and its owner, alleging negligence in applying the acrylic nails using a product containing methyl methacrylate, an irritating chemical whose use has been discouraged by the U.S. Food and Drug Administration. Plaintiff also alleged the salon was negligent in applying new nails over her bleeding fingers. The parties set tied before trial for $140,000.

Plaintiff's experts were Leila Cohoon, cosmetology, Independence, Mo.; Federico Gonzalez, plastic surgery, Olathe, Kan.; and James Hamilton, orthopedics, Kansas City, Mo. Defendants' expert was David Kaplan, dermatology, Leawood, Kan.

Plaintiffs Counsel

*James H. Bell, Kansas City, Mo. *Daniel J. Matula, Kansas City, Mo.

Copyright Association of Trial Lawyers of America Dec 2002
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