Medical Device Maker Sued After Patient Complaints

On Monday a case was filed in the Central District Court of California by Elite Surgical Center and principal Susan L. Chobanian against Cynosure Inc. The complaint alleges fraud and breach of contract regarding the purchase of a laser sculpting machine for use in cosmetic medical procedures.

The complaint recounted that the plaintiffs had previously purchased a “SculpSure” laser fat removal machine under the express representation that the machine was effective and painless. According to the plaintiffs, this turned out not to be the case; the plaintiffs were forced to discontinue use of the machine after multiple patient complaints, and the defendants were not receptive to complaints.

In 2017, court documents say, defendants returned with a new machine, the TempSure product, and made specific representations that the company wished to make up for the previous poorly-received product. The representative again made representations that the device was safe, effective, and painless.

The plaintiffs agreed to purchase the machine, but under several conditions with a specific written amendment to the contract. After trialing the TempSure product, the plaintiffs discovered that the representations made by the sales representative were false. The plaintiff also alleges that changes had been made to the contract without consent of the plaintiffs.

Plaintiffs are suing for negligent misrepresentation, fraudulent intentional misrepresentation, negligence and breach of contract. They are represented by the Law Office of Richard M. Foster.