FightingMad

Recent comments

• Posted to Fraxel Ruined my Skin, Should Be Banned by FDA on 28 Jan 2013

  Sadly, the process in the US is not like that. Once a product has FDA approval it is pretty much 'golden'. The Supreme Court ruling in 2008 further 'protects' device makers from being sued, if they are FDA approved. The litany of requirements that must be met for a device to be declared 'unsafe' is ridiculous. Cosmetic devices fall under the 501(k) process (quick approval process) and require even less 'proof' that they are safe. Also, ALL research done on cosmetic devices is done by the device makers themselves. There is no TRUE third part review of these devices and many others. The US FDA approval process is a sham, much like the FDA itself. They device makers have the FDA in their back pocket, as well as many doctors who tout these devices--many 'laser gurus' take remuneration from device makers or hold patents themselves for laser/light devices--you won't be hearing any of them speak out against any of these devices. The medical community is rife with cronyism and finding one, much less two doctors to testify against another doctor that the performing doctor practiced below the standard of care is virtually impossible. Also, to have a class you cannot sue ALL device makers, if you could even get a suit going. You have to pick one device, one brand, one type and find enough peopled harmed in exactly the same way, by the exact same device, at the exact same settings, causing the exact same damage, with the exact same defect. That's just the beginning of the challenge. Then you have to find doctors who've used these devices willing to say the devices are in fact defective, along with a scientist who knows the science to say the device is inherently defective and this was likely covered up by the device makers. Good luck with that as I know of no way to do it, unless you have an insider at the manufacturer willing to whistle blow and someone at the doctors' offices willing to do the same thing. What every SHOULD DO is file an ADVERSE EVENT report with the FDA. At least it gets you 'on the record'. If everyone who was ever harmed filed such reports, it might make a difference of some sort. At least it would shine a light on this issue whether it would change anything, I'm not sure.

• Posted to Fraxel Ruined my Skin, Should Be Banned by FDA on 28 Jan 2013

  Four major law firms from large cities could not find any 'loop holes' but who knows? I would caution others regarding sending pictures or email addresses to anyone you do not know personally. It is possible to post pictures and stories here and then others can ask your permission to use these items. I would also say that once you have a 'class' established that it will be advertised and announced via the media so that others can join the class. It does only take one person to be the catalyst, but finding the one person who fits all criteria and then establishing that others also fit that criteria is the tricky part. But, crazier things have happened.

• Posted to Fraxel Ruined my Skin, Should Be Banned by FDA on 27 Jan 2013

  Ummm...have no clue. You might ask the moderator or someone from Realself. We are all merely just posters and have no control over what is removed and what is not. ;-)

• Posted to Fraxel Ruined my Skin, Should Be Banned by FDA on 27 Jan 2013

  No, that is not acceptable. Not at all. The 'tips' are susceptible to damage. Likely he realized there was a problem of some sort and decided he needed to change /exchange them. The tips should have been inspected and checked prior to them being applied to your face. I hope all is okay.

• Posted to Fraxel Ruined my Skin, Should Be Banned by FDA on 27 Jan 2013

  I wish you luck but an individual cannot really "start a class action" lawsuit. You must have an attorney take your case and then have a judge declare you part of a 'recognized' class. It is next to impossible. The Supreme Court ruling in 2008 protected medical device makers from such law suits. You have to be declared a recognized class in a court of law, that is VERY, VERY, VERY hard. I've spoken to many, many large law firms over the years. I know hundreds of others who've also spoken to attorneys, no luck. There was even an attorney in FL whose wife was badly damaged and they had to settled out of court. You might have some luck if you were harmed at a beauty or medical spa and your damage was by an aesthetician instead of a doctor, but that would be an individual lawsuit, not a class action. Trust me, you've got a long, expensive road ahead of you and based on my years of dealing with literally thousands of people who've been harmed, you're fighting an uphill battle. The best thing you can do for yourself is come to terms with what has happened and find a good support system. I'm sorry for your pain.