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Cynosure Facing Nationwide Class Action Over SculpSure

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Boston, MASS: A consumer fraud class action lawsuit has been filed against Cynosure Inc, alleging the claims it made regarding its SculpSure machine, marketed to help patients lose up to 24 percent fat in just one treatment, are false and misleading.

According to the proposed lawsuit, filed by a group of aesthetic medical centers and medical spas including Plastic Surgery Associates S.C., Infinity Spa Orlando LLC and others, the body contouring system is "effectively useless."

The complaint details claims made by Cynosure to purchasers of its SculpSure Non-Invasive Body Contouring Platform. Specifically, the plaintiffs asserts that as part of an "aggressive campaign" to get practices to purchase the relevant nearly $200,000 machine, Cynosure has made "uniform material misrepresentations regarding the key attributes" of the device, which the company markets as a way to reduce fat in a patient's midsection through laser technology.

Cynosure has claimed that patients need no pain medicine or anesthesia because SculpSure is "virtually painless," and that the procedure can be done "hands free" without a physician needing to be present, according to the complaint.

According to the clinics’ filing, SculpSure "seldom achieves results in patients after multiple treatments — much less so with just the single procedure Cynosure claimed would suffice." They allege physicians have to increase the power to such a high level just to "even have a chance at achieving results." The complaint also alleges that the procedure causes patients "intolerable pain," and the treating physicians have to remain nearby during the entire procedure in order to monitor patients' comfort as a result.

"The situation has left practices in an impossible position," the complaint states. "They have spent hundreds of thousands of dollars on a machine that does not work as Cynosure represented. At the same time, they lack the ability to recoup that cost; practices cannot continue to recommend a cosmetic procedure to their patients knowing that it is likely to involve several painful treatments, but unlikely to be effective." Further, the plaintiffs state that SculpSure is "detrimental" to business, and that they have had to deal with complaints from unhappy patients, and that they have not been able to work with Cynosure to find a solution, according to the complaint.

The plaintiffs seek to represent all individuals and entities in the US that purchased or leased a SculpSure Non-Invasive Body Contouring Platform, and are seeking financial damages and restitution.

The plaintiffs are represented by Lauren Guth Barnes, Elizabeth A. Fegan, Mark T. Vazquez and Steve W. Berman of Hagens Berman Sobol Shapiro LLP, and David Freydin and Timothy A. Scott of Freydin Law Firm LLP.

The case is Plastic Surgery Associates S.C. et al. v. Cynosure Inc., case number 1:17-cv-11850, in the U.S. District Court for the District of Massachusetts.

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Reader Comments

Posted by

on
My name is Jeremy Myers and I am the scheduler for Dr. Lawrence Fortier.

Our office purchased this machine after being sold on both results and minimal pain by their representative.

Having tried this machine myself, I can say for certain the pain is a 7 (on a 1-10 scale) and the results are non existent

Posted by

on
Hi, I am also in Australia and bought this machine with the promise of leads which never happened. The results are not good, the treatment is painful and it does not do what they sold me it would do. A rather disappointing expense with results that are very very poor.

Posted by

on
I did not purchase a machine, however I was a patient who paid a lot of money, went through excruciating pain for zero results. Does this class action lawsuit apply to my situation?

Posted by

on
We have a nightmare on our hands with this machine. Almost every person has left the company that sold us this equipment Sculpsure and Icon Palamor that hasn’t work since it came out of the box. I want to join the class action lawsuit for sculpsure. Icon is its own issue we are still dealing with after two years.

Posted by

on
Hello, I am in Australia and I bought a machine. They told me that I would get 50 leads a week. We have got less than 10 in total. The results are not good. I have spoken to a lawyer in Australia and they say I have a case. I am not sure if it could be a better idea to join the American one. I am not sure as I am in Australia.

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