2 yrs, 5 mths ago

Linda Evangelista’s Lawsuit

Hi Beauties,

I was watching Dr Sarah Tonk’s commentary on Linda Evangelista’s lawsuit.

While I feel bad for her ending up with the rare side effect of PAH, I don’t like her chances of being awarded significant damages.

Evangelista would have signed a waiver prior to undergoing Cool Sculpting.

What are your opinions?

28 comments 12 voices

Replies

  • 1 yr, 8 mths ago

    i have similar situation

  • 2 yrs, 5 mths ago

    She is also seeking more than US$50 million – this figure only covers compensatory damages. She is also after punitive and/or exemplary damages which will need to be an amount that sufficiently punishes Zeltiq and deters them from similar future conduct.

  • 2 yrs, 5 mths ago

    I have an autoimmune disease that has changed part of my face. It has hurt my self confidence majorly. Especially when people say what has happened to your eyes. Like you are a freak.

    • 2 yrs, 5 mths ago

      So sorry for you to have endure these unthoughtful people.

    • 2 yrs, 5 mths ago

      That must be hard to deal with in itself Perthchick without the rude comments about it too. You can probably empathise with Linda and understand how she feels more than most of us,

    • 2 yrs, 5 mths ago

      Hi Perthchick, I’m so sorry that people aren’t tactful. While not the same, I have pretty severe hirsutism due to PCOS and messed up teeth and gums due to not being able to floss and brush correctly for many years- I’m hugely self conscious about it! Sending warm vibes and hugs your way. 😘

      • 2 yrs, 5 mths ago

        @lucy16 I have a friend that has a gum disease and his teeth are loose. Sending hugs.

      • 2 yrs, 5 mths ago

        Thanks Perthchick, I still have most of my teeth and I practice as good dental hygiene as I can. I avoid many acidic foods and beverages and sugary fruits and foods!

  • 2 yrs, 5 mths ago

    She probably knew the risks and went ahead anyway. You read the small print that says 1% of people have an adverse reaction, or their is a small risk this may not be suitable for you etc…. and you do it anyway because you think “nah, it won’t happen to me” – well Linda did imo. And now it’s gone pear shaped (literally)

  • 2 yrs, 5 mths ago

    It seems odd that due to the risk Linda was taking with her looks that provide income she didn’t take more care. The choice of clinic would suggest she may be not earning as much. As a model her career may have slowed. Opting for this procedure and the results may be a cash grab opportunity. Having said that the pictures of her damaged face are shocking. She would be psychologically traumatized for sure.

  • 2 yrs, 5 mths ago

    Linda had a procedure called Zeltiq’s CoolSculpting which is supposed to reduce fat on the face. … In the Instagram post, she revealed that she has developed Paradoxical Adipose Hyperplasia (PAH), a rare complication of CoolSculpting. PAH makes the treated area become enlarged, hardened and tender.

    Sadly the Procedure didn’t work out for her, not even Linda would have known that she was Allergic to such a Procedure.

    • 2 yrs, 5 mths ago

      It is a shame she was trying to reduce fat on her face in the first place – she never seemed to have a fat face to me. Strange isn’t it. She would have aged beautifully if she’d just been happy with ageing gracefully I expect.

    • 2 yrs, 5 mths ago

      She underwent the procedure not only on her face but also parts of her body.

  • 2 yrs, 5 mths ago

    This is the first I’ve heard about this with LE

  • 2 yrs, 5 mths ago

    She claims she was not informed of the side effects of PAH. That does not sound to me like informed consent. Like any medical services provider, it is not sufficient for a cosmetic surgery provider to simply presume a patient has understood the risks. They need to expressly acknowledge they understand the risks.

    Liability waiver or not, that is not the same thing as informed consent, although I am aware it is conflated and sometimes even in the waiver itself.

    $50 million sounds about right actually. She has essentially lost her livelihood. She used to be one of the most famous supermodels in the world in the 1990s, right up there with Naomi Campbell. The $50 million would be a bundle of different types of damages resulting from physical disfigurement after the original and subsequent procedures.

    • 2 yrs, 5 mths ago

      I understand your point about informed consent but if it is the case that she didn’t give it, surely the clinic that performed the procedure is liable rather than Zeltiq/Allergan?

      • 2 yrs, 5 mths ago

        No, it depends on the waiver she signed. Also, if the clinic provided the service under a licensing agreement, there may be indemnities or the scope of their liability under the agreement is limited, shielding them from this sort of lawsuit. Frankly, any decent lawyer negotiating the licensing agreement would have added this type of indemnity or limited the scope of liability prior to execution of the agreement to exclude this sort of foreseeable liability.

      • 1 yr, 8 mths ago

        Ethelinde, you make a valid opinion concerning informed consent. Are you a lawyer? If you are, then I have a question about criminal law for you. Can you tell me how to removed the criminal case from court? If you know a good criminal defense lawyer please let me know.

      • 1 yr, 8 mths ago

        Hello! I had a similar situation and I decided to sue too I hired a medical malpractice lawyer here is a link to it can be useful if you still want to sue https://www.gadsbywicks.co.uk/medical-negligence we filed a lawsuit and after a few weeks of hearings, we won it, and sued a fairly large amount!

      • 1 yr, 8 mths ago

        @Amelyemelia Hard to tell if your question is genuine when you include a link to a criminal law firm website. You don’t get criminal cases removed from court. You either prosecute or defend a criminal case.

        Can’t help you either way. This is not an appropriate forum.

    • 2 yrs, 5 mths ago

      That’s a good point about informed consent, Ethelinde. You’re a lawyer, so I’ll defer to your expertise.

  • 2 yrs, 5 mths ago

    I must admit that I have never heard of this lady. But agree that if you have any surgery they always tell you what the side effects could be and you sign that you are aware of them.

    • 2 yrs, 5 mths ago

      Normap, Linda Evangelista was a famous supermodel around the late 80s and into the 90s. She also appeared in the George Michael video clip for Too Funky and was known for saying “I won’t get out of bed for less than $10, 000 a day”.

  • 2 yrs, 5 mths ago

    You can’t have a procedure like that without signing something. I reckon she didn’t read whatever she signed!

    • 2 yrs, 5 mths ago

      Exactly M8!

      I also think $50 mill is a bit of an ask!

      • 2 yrs, 5 mths ago

        Considering that her career, therefore her income is dependent on her looks, $50M isn’t completely crazy – if there were negligence involved. But was it negligence or a known possible risk? I suspect it was a known risk which she ignored.

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