News - Tharpe & Howell - Litigation and Transaction Lawyers

FIRM OBTAINS FAVORABLE SETTLEMENT IN MYCOBACTERIA CASE

In this case, a Firm client was sued after plaintiff claimed that she contracted mycobacteria after receiving several spa pedicure treatments at our client's nail salon. Plaintiff alleged that after her first visit to the salon, she noticed approximately three red marks on her left leg. After two subsequent visits she noticed additional marks. However plaintiff did not notify our client of the alleged marks and delayed seeking any medical treatment until after she saw a story on the news about on-going cases against nail salons for alleged mycobacteria infections.

Eventually, plaintiff filed suit against our client alleging that our client was negligent in cleaning and disinfecting the pedicure spas. She claimed that the alleged infection caused bodily injuries and physical and emotional pain and suffering, including scarring on both of her legs, compromise of her immune system, loss of strength, deteriorating health, injury to her nervous system, distress, decreased energy, depression, fatigue, headaches, sadness, nausea, feeling of dirtiness, and tenderness and soreness on both legs. Plaintiff sought over $1 million in damages for pain and suffering, emotional distress, past and future medical expenses, loss of earnings, and future loss of earning capacity.

Firm litigator Stephanie Forman aggressively represented the salon client and, during Mediation, plaintiff reduced her demand to $175,000. Attorney Forman argued that the plaintiff's claim that she contracted mycobacteria was not supported by the medical records, her claims of weakness and other ailments were unrelated (as supported by the medical records), and that plaintiff failed to mitigate her damages. More importantly, attorney Forman maintained that plaintiff could not prove a causal connection between the spa visits and the resulting infection, as plaintiff had testified that she obtained pedicures every two weeks, but only identified three pedicures at the client's salon.

Despite multiple visits to a physician, as well as visible residual scarring, attorney Forman favorably resolved the matter on behalf of our client for $12,000 - significantly below plaintiff's original $1 million dollar demand.

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Related Attorney(s):
Stephanie Forman

Related Practice Area(s):
Hospitality Law