Woman says laser treatment caused injuries

By Kyla Asbury | Aug 7, 2013

CHARLESTON - A woman is suing Living Well Medical Center PLLC for injuries she allegedly sustained from a laser treatment on her neck.

Dr. W. Jarrod Capman was also named as a defendant in the suit.

On July 22, 2011, Pamela Shinault attended an open house at Living Well in which raffles were conducted and free food and drink were supplied to attendees, according to a complaint filed July 19 in Kanawha Circuit Court.

Shinault claims she was given a questionnaire and asked to complete it.

After completing the questionnaire, Shinault was escorted into a treatment room and underwent four chemical peels on, in and around her neck, which were performed by Terry Pack, a cosmetologist and employee of Living Well, according to the suit.

Shinault claims during the chemical peel process, Pack left the treatment room on several occasions and, after she was done, Pack directed her to Chapman, who prescribed her an immediate laser treatment for her neck, to which she agreed.

Afterward, Shinault was given no aftercare instructions, according to the suit, and on July 27, 2011, she returned to Living Well due to burns and blistering on her neck; pain on and/or in her neck and skin; and what appeared to be the development of blistering and scarring on her neck, according to the suit.

Shinault claims Chapman prescribed her with pain medication and an antibiotic cream.

On Aug. 18, 2011, Shinault returned to Living Well because she was still in pain and now had discoloration on her neck, and Chapman recommended another chemical peel, however, during the chemical peel, Pack stayed on the phone with her instructor they entire time and took several photographs with her phone to send to her instructor in an effort to confirm the correct technique, according to the suit.

Shinault claims Chapman did another laser treatment following the chemical peel.

In January 2012, Shinault returned to Chapman, complaining that the natural pigmentation of her neck was discolored and her neck was scarred, and she underwent lightening in March and April 2012, but there was no improvement, according to the suit.

Shinault claims on May 23, 2012, she expressed concern about there being no changes and Chapman prescribed another laser treatment, which she refused, so Chapman prescribed a Cabernet acid peel, which she agreed to.

Following the Cabernet acid peel, Shinault experienced severe pain and a red cuff around her neck, according to the suit.

Shinault claims the defendants actions left her with severe pain, permanent injury to her neck and loss of natural pigmentation to the areas of her neck that were treated by the defendants.

The defendants failed to accurately diagnosed her condition and failed to recognize the increased risk associated with treating her condition with a laser, according to the suit.

Shinault claims the defendants caused her to suffer severe and permanent personal injury and disfigurement.

As a direct and proximate result of the defendants' wrongful acts, Shinault endured pain and suffering; mental anguish and emotional distress; embarrassment; annoyance and inconvenience; and the loss of the ability to enjoy life, according to the suit.

Shinault is seeking compensatory damages. She is being represented by J. Michael Ranson and Cynthia M. Ranson of Ranson Law Offices PLLC and G. Patrick Jacobs of Jacobs Law Offices PLLC.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1346

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