Adriana Diaz, et al. v. Cynosure Inc., et al.

Summary

In this product liability trial, Adriana Diaz received laser fat removal from Dr. Stuart Linder, using the Cynosure "Cellulaze" system. Diaz and Linder sue Cynosure, claiming that the laser system used caused Diaz chronic pain, as well as skin deformations.

Linder asserts that Cynosure misrepresented the product, marketing the laser as approved by the FDA for cellulite treatment. After Linder performed the procedure and followed Cynosure's instructions, Diaz allegedly woke up in severe pain and suffers from numerous long-term complications. Plaintiffs argue that a sensor on the device does not appropriately measure temperature.

Attorneys for Cynosure argue that the product was presented to Linder appropriately as a product with FDA clearance, rather than FDA approval. Additionally, they claim that Diaz failed to disclose her liposuction history.

Outcome

Verdict for the defense.