In January 2013, plaintiff Adriana Diaz, 32, an office manager and marketer for Dr. Stuart Linder, a Beverly Hills plastic surgeon, underwent a cellulite treatment procedure on her thighs. During the procedure, Linder used Cynosure’s “Cellulaze” medical laser device, which he had never used before. Approximately two months after the procedure, Diaz developed a seroma, which is a pocket of clear serous fluid that sometimes develops in the body after surgery. She claimed that she also suffered thermal burns as a result of the medical laser device. Diaz, Linder and Linder’s practice sued the designer and manufacturer of the medical laser device, Cynosure Inc., and a salesperson for Cynosure, Kristopher Huston. The lawsuit alleged that Cynosure defectively designed and manufactured the product and that Cynosure and Huston failed to warn about the risks of using the product. The lawsuit also alleged that the defendants’ actions constituted intentional misrepresentation, negligent misrepresentation, negligence, a breach of express warranty, a breach of implied warranty of fitness for a particular purpose and a breach of implied warranty of merchantability. Plaintiffs’ counsel contended that Cynosure failed to test whether a temperature sensor on the laser accurately reflected the heat of the human tissue during use. Counsel also contended that Cynosure misrepresented Cellulaze’s approval status with the U.S. Food and Drug Administration and that Cynosure’s sales representatives made numerous misrepresentations when pitching the device, such as claiming it had FDA approval for cellulite treatment. Linder claimed that he followed the steps given to him by Huston regarding the use of the laser machine when he performed the subject procedure on Diaz and that Cynosure’s representatives never told him that he should not have used the device on an area where he completed liposuction on Diaz in 2011. Defense counsel argued that the device is safe and was never misrepresented, in any way, to the plaintiffs. Counsel contended that Cellulaze, like almost all other medical lasers, qualified as a type-2 device under FDA regulations, which can only result in FDA clearance, and that Diaz’s prior history of liposuction treatment made her a poor candidate for Linder’s very first Cellulaze procedure. Defense counsel also noted that Diaz’s documented complaints about the procedure did not occur until two months after it was performed., Diaz claimed she sustained internal burns to her thighs and developed a seroma, which is a pocket of clear fluid that sometimes develops after surgery. She alleged that although there were no medical records documenting her until two months after the procedure, Linder observed her swelling the day after the procedure was performed. Diaz claimed that she still has pain, swelling and throbbing in her legs and that one leg is more painful than the other. Plaintiffs’ counsel asked the jury to award Diaz and Linder over $19 million in damages, including $5 million to $7 million for Diaz’s emotional distress and pain-and-suffering damages, plus an additional amount in punitive damages. Defense counsel presented social media posts that allegedly showed Diaz exercising at a gym shortly after the surgery. Defense counsel also noted that Diaz’s primary care physician testified that Diaz went to see her doctor for other medical conditions during the two month period after the subject procedure and that Diaz did not mention any problem with her Cellulaze procedure during that time. Counsel also noted that Linder’s medical records from March 2013 showed that he performed a subsequent liposuction on Diaz’s thighs after the Cellulaze procedure. As a result, defense counsel disputed that Diaz suffered any at all and that if she did sustain any , they pre-existed the Cellulaze procedure, given her 2011 liposuction, or were caused by a subsequent treatment by Linder in March 2013.