Laser liposuction machine failed to work properly, suit claims

Michelle Massey Jun. 22, 2010, 2:13am

Wimberly III

After a laser system designed to provide non-invasive liposuction procedures failed to perform as expected, the purchasing medical clinic has filed suit against the manufacturer seeking a refund.

The Back Center, doing business as Medical Rehab Accident Injury Center, and Dr. Harvey Nicaud filed suit against Eleme Medical, doing business as Eleme Smoothshapes Laser System, and AEL Financial on May 5 in St. Tammany Parish District Court. The defendants removed the case to federal court in New Orleans on June 16.

The Back Center states that it began experiencing problems with the function of the machine immediately after taking possession of it. It claims that even if the machine was working, it failed to produce the results promised by the defendants.

Eleme Medical is accused of providing false and misleading guarantees and promotional information surrounding the machine.

According to court records, The Back Center is no longer in possession of the machine as it has been picked up by Eleme Medical for servicing and has not been returned.

The plaintiff states that it has suffered significant damages due to the failure of the laser machine, including the funds spent on remodeling its office for the use of the machine, advertising the machine, hiring and training personnel to operate the machine and refunding patients' money because of the machine's failure to produce the advertised results.

The Back Center is asking the court to rescind the sale of the laser device, void the financial contract, and award damages for interest, court costs, and attorney's fees.

Mandeville attorneys Jesse Wimberly, IV and Jesse Wimberly, III of Wimberly Law Firm are representing The Back Center.

In the notice to remove the case to federal court, Eleme Medical states that the debt at issue is in excess of $100,000 and is also the subject of a case pending in Illinois.

U.S. District Judge Lance M. Africk is assigned to the case.

Case No. 2:10cv01744

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