Permanent makeup is a term that generally refers to cosmetic procedures, such as permanent cosmetics, cosmetic tattoos, or micropigmentation that involve ink or pigment being placed deep within the skin of the recipient in order to give them the look of everyday cosmetics. For instance, permanent makeup may serve to replace the need for eyebrow pencils, eyeliner, or lip color being applied on a daily basis.
In essence, the purpose of permanent makeup is to mimic the look of makeup and enhance the natural beauty of the recipient. Permanent makeup may also be utilized to cover scars, white spots, or an uneven hairline. In general, women make up the majority of individuals who choose to undergo permanent makeup procedures.
When receiving permanent makeup, ink or pigment is implanted into the skin of the recipient by using a pen that contains iron oxide and a hollow needle. According to the Federal Food and Drug Administration (“FDA”), numerous adverse reactions have been tracked back to Premiere Pigments, which were manufactured by the American Institute of Intradermal Cosmetics.
Current Status of Permanent Makeup
As far as the current status of permanent makeup cosmetic procedures, the procedures are still being performed throughout the United States. However, manufacturers have pulled several pigments out of the market, as many pigments were reported to the FDA as having adverse reactions that required the products to be recalled.
It is important to note that there are still several pigments on the market that have FDA reports that allege the pigments result in adverse reactions. Because permanent makeup is a cosmetic procedure involving the application of ink or pigment through utilizing needles, numerous different types of injuries can occur that are related to permanent makeup.
What Are the Complications of Permanent Makeup?
There are numerous different types of complications and injuries that can occur that are related to permanent makeup. In fact, cosmetic surgery malpractice or cosmetic surgery negligence cases often occur when a patient is undergoing a cosmetic surgery procedure, and the surgeon or medical facility that performs the surgery commits a careless or negligent act that results in an injury to the patient.
For example, an individual may be receiving permanent eyebrows or lip liner, and the facility utilizes expired or unsafe pigment or dirty needles to perform the procedure. In this case, the patient may be personally injured as a result of the procedure. Examples of injuries that are commonly associated with permanent makeup procedures include, but are not limited to:
- Injuries from Mistake or Error: Injuries from mistake or error can occur if the operating physician or medical staff have failed in their duty of care to the patient during the operation.
- For example, failing to maintain and properly perform sanitation measures, such as by using a dirty needle, may result in an injury;
- Reopening of Incisions: Reopening of incisions is a personal injury that can occur over time as the body adjusts to the newly remolded areas.
- Because applying permanent makeup requires piercing the skin, an individual’s skin may scar or reopen and result in infections;
- Botched Procedure: Besides physical injuries resulting from the application of permanent makeup, some medical malpractice claims result from a misrepresentation or not completing the cosmetic procedure within the expectations of the patient.
- In fact, false advertising and unrealistic expectations are often grounds for a civil lawsuit; or
- Complications with Original Injuries: As mentioned above, in some cases, permanent makeup procedures are used to disguise areas of the body that were affected by past injuries, such as burns.
- As such, cosmetic procedures can sometimes result in complications during the healing process, which may also exacerbate the original injury.
As with any procedure involving a needle and pigment, such as a tattoo, there are numerous risks and side effects associated with the application of permanent makeup. Individuals who undergo a permanent makeup procedure may face certain side effects, including:
- Swelling or bruising;
- Tenderness in the area in which the procedure was performed;
- Scarring or disfigurement;
- Infections; or
- Allergic reactions, such as an allergic reaction to the pigment or ink being utilized.
What Are the Legal Remedies I Can Recover from Permanent Makeup Injuries?
As far as who can be held liable for permanent makeup procedure injuries, each case is different. In most cases, liability for permanent makeup injuries can be easily traced directly to a specific incident that resulted in the injury manifesting. Then, if this incident was caused as a result of the negligent or reckless actions of another party, that specific party may then be held liable for the resulting injuries.
Negligence is a term that refers to the duty placed on individuals to act in a reasonable manner in order to avoid causing injuries to others. If a person fails to act reasonably and, through this failure, causes harm to the person or property of another, then they are considered to have committed negligence.
It is important to note that the exact legal elements required for an individual to be successful in a personal injury claim for a permanent makeup injury will differ from state to state. In general, the following four legal elements must be satisfied in order to prove negligence in a personal injury claim involving permanent makeup that resulted in injuries:
- Duty of Care: The defendant must owe the injured person (i.e., the plaintiff) a duty of care.
- According to negligence laws, all persons owe other persons the duty to act with reasonable care and obey the laws of their state and jurisdiction.
- For individuals performing cosmetic procedures, those persons are generally licensed by a state regulatory agency that handles cosmetic procedures, and they must perform cosmetic procedures as other reasonable licensed cosmetic providers would perform the procedure in their field;
- Breach of Duty: Next, the plaintiff must show that the defendant breached their duty to drive safely.
- For example, if the defendant failed to use proper sanitary measures, such as using dirty needles, this failure to use proper measures would be considered a breach of the duty of care;
- Causation: The plaintiff then must prove that the defendant’s breach is what actually caused their injuries.
- In other words, if the defendant did not actually cause the injuries, they are unlikely to be held liable for negligence; and
- Damages: Finally, the plaintiff must be able to calculate the losses and costs that are associated with the injury.
- Plaintiffs will typically make a compensatory damages claim that is expressed in a monetary amount.
- If the plaintiff cannot easily determine their total damage claim in numbers, their damages award may be reduced or outright denied for failure to state a claim.
All of the above negligence elements could be proven. If so, the party responsible for the accident involving the permanent makeup procedure can then be held liable for resulting injuries that were directly caused by the procedure. Then, the plaintiff can prove their damage claim.
Once again, a damage award is a specific monetary amount that is intended to reimburse the injured person for any losses that they suffered as a result of the action that injured them. Examples of common damage claims that are included in cases involving permanent makeup injuries may include, but are not limited to:
- Medical expenses, including any hospital bills related to treatments that the plaintiff had to undergo to resolve their injury from the permanent makeup;
- Lost wages or lost earning capacity if the plaintiff had to miss work as a result of the cosmetic procedure;
- Pharmaceutical costs related to the medication or creams necessary to care for the plaintiff’s injuries.
In especially serious cases, a plaintiff may also recover punitive damages if the other party’s actions or inaction were willful and malicious. For example, assume the party responsible for the permanent makeup injury intentionally pierced the plaintiff’s skin deeper than necessary for the procedure. In this case, the court may order punitive damages in order to punish that party.
Do I Need a Lawyer for Help with Permanent Makeup Injury Lawsuit?
You might have been involved in a permanent makeup procedure that resulted in an injury caused by the pigment utilized in your procedure. If so, it may be in your best interests to consult with an experienced defective products lawyer or products liability attorney.
An experienced lawyer can help you understand your legal rights and options according to your state’s specific personal injury laws, as well as if there are any class action lawsuits involving the pigment that you may be able to join.
Additionally, a lawyer will also be knowledgeable as to how to properly initiate a civil lawsuit against any private party responsible for your permanent makeup injuries. An attorney can help you gather the evidence necessary to prove your damage claim. Finally, a lawyer will also be able to represent you in court as needed.