Case details

Hairstylist’s failure to perform scalp test resulted in burns: claimant

SUMMARY

$367500

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
chemical burns, disfigurement, head burns, scar, second degree
FACTS
On Oct.11, 2019, claimant Gianna Tozi, 13, was getting her hair colored professionally for the first time at Tangle Salon, in Jackson, in Amador County. Gianna’s hairstylist, Tiffany Messier, applied bleach all over Gianna’s head, put Gianna’s hair in foil paper and put Gianna under a heat lamp. Gianna claimed that she complained that the foils were becoming hot and that she was in pain while under the heat lamp. As a result, Messier rinsed Gianna’s head under cold water before removing the foils. Gianna sustained blisters on the crown of her head that later worsened. In lieu of filing a lawsuit, Tozi sought direct recovery from the insurance provider for Messier and Messier’s employer, Marcy Gilman, the owner of Tangle Salon. Tozi alleged that Messier’s actions constituted professional negligence and that Gilman was negligent in the training of Messier. Gianna’s counsel contended that Messier failed to do any pre-test on Gianna’s scalp and hair prior to the procedure to determine if Gianna’s hair and scalp was more susceptible to a chemical reaction. Counsel also contended Gilman should have trained Messier to do the pre-test. The respondents did not respond with any defenses., Blisters appeared on the crown of Gianna’s head. When the blisters worsened, Gianna presented for medical care and was diagnosed with chemical burns resulting in second degree burns to the areas at the crown of her head. Gianna claimed that while the blister areas eventually healed within a few months, she was left with two dime- to nickel-sized scars directly on the center of the top of her head on her part line. She also claimed that she has hair loss at the areas of the scarring. Gianna underwent two scar revision surgeries to pull the hair follicles closer together and cover up the damage. However, she claimed that the scar revision process will be ongoing. The claimant’s retained neuropsychology expert diagnosed Gianna with post-traumatic stress disorder, anxiety and depression relating to the initial experience. The expert also opined that Gianna has ongoing issues with managing the noticeable disfigurement and peer issues as Gianna entered high school. As a result, the expert opined that Gianna will need future counseling. Gianna sought recovery for her past and future medical costs, and past and future emotional pain and suffering.
COURT
Matter not filed, CA

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