Advice needed Eye Lash Tint Allergy Claim

[gorgeous21]

I have been a qualified mobile therapist for 25 years and have never experienced a problem with a reaction to eye lash tint. 2 women came to beauty room and one asked to watch as I carried out treatment. 1 week later the friend of client called to report a bad allergic reaction and as I didn't carry out a patch test I would be sued. I now have legal proceedings against me personally as my insurance will not cover this. The tint was perfect and she had no sign of reaction until the following day. I have never seen nor spoken to the client. The reaction could have been caused by something else, even the eye cream I used ??
Has anyone else had a similar experience ? If so how did you proceed ? I realise I would be protected if a patch test was done. It was a busy saturday and they wanted it done straight away. A lot of worry for £10. Any advice would be appreciated.

 

[Lolly22]

God that's awful! So obviously you know you should have done a patch test but let's not dwell on that as it's obviously a mistake you won't let happen again! I don't think there's much you can do except wait it out until it unfolds and I don't know if you will have to go to court or what but I suspect you will hear from this ladies lawyer.

I think this suing thing is getting out of hand, people just think they can make a quick buck! I would have thought if an allergy would happen it would have in the first ten minutes or so? But who knows!

It does sound as though is was planned tho eh? Her friend maybe wanting to act as a witness to the no patch test?

Anyway I wish u luck with this one, I really do.

 

[BeautyPrincessH]

Bad reaction after 1 week? It would of happened sooner - why didnt they call sooner?! She couldve used ANYTHING on her face in that week.

Ask her to note EXACTLY EVERYTHING she has used on her face between the time of the treatment - and logging the complaint.

And ALWAYS DO THE PATCH TEST xxx

 

[Suzanne1118]

An allergic reaction takes 48 hours to come up and most of the time the client won't feel any irritation at all during the treatment.

I hope nobody gets at you for not doing a patch test because I think at one time or another we have all taken the chance!

Did you ask her what kind of a reaction she had? Did you see it or see pictures of it? You should know by looking at it if it is a reaction to the tint or to something else x

 

[Lolly22]

An allergic reaction takes 48 hours to come up and most of the time the client won't feel any irritation at all during the treatment.

I hope nobody gets at you for not doing a patch test because I think at one time or another we have all taken the chance!

Did you ask her what kind of a reaction she had? Did you see it or see pictures of it? You should know by looking at it if it is a reaction to the tint or to something else x

Is it 48 hours? I wasn't sure. Thanks x

 

[weeleelee112]

Awful, this happened to me not long ago but I had carried out a patch test. Basically I did a brow tint and a week later the client called to say she had had an allergic reaction I asked the symptoms she said she had a soar head since the tint. So I explained this would not be a allergic reaction, explained what the reactions would be so she asked for the ingredients which I gave and she said she would visit the doctor I said well let me know how u get on.

So a week later a man turns up from trading standards. This lady had complained about me saying that I never gave a patch test and the she was red and soar around the area etc. I explained to him o followed all correct procedures which I had on file he went threw the motions and told me not to worry as I done nothing wrong. But it really upset me being put in that position.

So a further we later the client calls me again asking for a refund I was gob smacked I explained that I was in no position to do this as I have done nothing wrong and trading standards were dealing with it. She said Leanne there is no need to b like this I said in afraid I am not willing to discuss this anything further I shall call trading standards and they will contact u. Which I did and he told me it will not b taken further as she never even went to the doctors etc.

So clearly she was just at it and wasting people's time. U will always get people like this. I'm future make sure u have ur self covered and hope it works out.

Xxxx

 

[elliebee]

I have actually heard of firms who send unsolicited texts asking "have you had a beauty treatment without the therapist carrying out a patch test."

This is shocking and a very sad reflection of our society.

It does sound like this was premeditated by this client which is awful but, by not carrying out the patch test I think you may be in a difficult position.

I know this doesn't help the OP but hopefully it will make all other therapists reading this realise the importance of patch testing EVERY client.

It's pointless paying your salon insurance every year if you can't count on them when you need them because you haven't followed their advice.

My suggestion would be that you take some proper legal advice. You might find that these 2 chancers are just trying it on and it may put them off if they realise you have taken your own legal advice. You would probably need to pay for this but it may save you in the long run.

Also, check with your home and car insurance. Some of them give you cover for personal legal expenses and this may help if you are having to pursue this on your own.

 

[MadisonsMummy]

I have been a qualified mobile therapist for 25 years and have never experienced a problem with a reaction to eye lash tint. 2 women came to beauty room and one asked to watch as I carried out treatment. 1 week later the friend of client called to report a bad allergic reaction and as I didn't carry out a patch test I would be sued. I now have legal proceedings against me personally as my insurance will not cover this. The tint was perfect and she had no sign of reaction until the following day. I have never seen nor spoken to the client. The reaction could have been caused by something else, even the eye cream I used ??
Has anyone else had a similar experience ? If so how did you proceed ? I realise I would be protected if a patch test was done. It was a busy saturday and they wanted it done straight away. A lot of worry for £10. Any advice would be appreciated.

I must be getting very distrustful of other people these days but sounds a bif 'iffy' (just MHO). Problem is if you did'nt carry out a patch test there is'nt much you can do.
I wish I could give you advice to help! :sad:

xx

 

[Rubytues]

I experienced this a good few years ago. If it wasn't for this experience I really wouldn't be staunch on the idea of patch testing either.
I wasn't in the beauty industry at the time and my friend wanted a lash and brow tint, I went with her. She wasn't patch tested and the beautician asked if she had tinting done before, she said yes about 10 years ago (this was whilst her lashes were being tinted)
Within 12 hours she was at hospital as her eyes were very itchy and watering badly. Within 24 hours her lashes and brows fell out, eyes were swollen, they were scabbing and weeping. In all It took 6 months to get back to normal. Obviously this was a very bad reaction.
To be honest if the complaint was 'genuine' I really think you would've known about it within a couple of days, max.
I'm sure it will be fine xx

 

[Claireh]

Have you received Court proceedings against you or have you received a letter of claim from their Solicitor?

 

[HWilliams]

I must be getting very distrustful of other people these days but sounds a bif 'iffy' (just MHO). Problem is if you did'nt carry out a patch test there is'nt much you can do.
I wish I could give you advice to help! :sad:

xx

Agreed... Take it easy, hope you'll be ok x

 

[bombini]

Have the legal proceedings been started by the client or the clients friend ?

If what they are saying is true and they have evidence then I guess this mistake is going to cost you bigtime and there isn't really much you can do.

I would say that you need to get a solicitor asap if you haven't already. If they are genuine then I doubt they it will get very far unless they have photographic evidence of the reaction and a doctors record. Did they say what the reaction was and how long after it occured ?

I disagree about the reaction taking 48 hours to happen. I have been having my eyelashes tinted for years, a therapist friend of mine did it for me with a different brand and almost immediately my eyes were burning and stinging. At first she thought it was a joke but I literally sat bolt upright demanding a cloth as the sensation was horrible. My eyes were all red and puffy for about two days afterwards.

I hope everything works out ok for your, keep us updated ! :hug:

 

[Lolly22]

Have the legal proceedings been started by the client or the clients friend ?

If what they are saying is true and they have evidence then I guess this mistake is going to cost you bigtime and there isn't really much you can do.

I would say that you need to get a solicitor asap if you haven't already. If they are genuine then I doubt they it will get very far unless they have photographic evidence of the reaction and a doctors record. Did they say what the reaction was and how long after it occured ?

I disagree about the reaction taking 48 hours to happen. I have been having my eyelashes tinted for years, a therapist friend of mine did it for me with a different brand and almost immediately my eyes were burning and stinging. At first she thought it was a joke but I literally sat bolt upright demanding a cloth as the sensation was horrible. My eyes were all red and puffy for about two days afterwards.

I hope everything works out ok for your, keep us updated ! :hug:

I would have thought a reaction to an eyelash tint would have came straight away aswell. But maybe people are different? X

 

[bombini]

I would have thought a reaction to an eyelash tint would have came straight away aswell. But maybe people are different? X

True but I personally have never heard it taking that long for an allergic reaction of any kind. Im not saying it can't happen but when you thing of things like bee stings, nut, food allergies etc. How many of those happen 48 hours later ?

 

[shedunlop]

The best time to do a patch test for anything is 48 hours before a treatment but most do 24 hours before. Anyone going a week before reacting would be really hard pushed to prove that it was the treatment they reacted to.

By patch testing you are protecting both yourself and your client. I don't know what you can do in this instance as you have no protection at all.

Have you seen the reaction they are talking about? This may not come to anything at all and does sound a bit fishy to me. Why would her friend ring you instead of the client? All sounds a bit odd!

 

[jacquelineanna]

Has she been in to show you the reaction or a picture of it or a doctor's note or the medication given to treat the infection .. or anything at all apart from the phone call from the 'witness for the prosecution'!

Even though you did not do a patch test your insurers usually provide legal assistance and I would hope they could at least tell you the process that will follow and what you should be doing or not doing regarding this incident.

When she contacts you again ask her to provide copies of any paperwork supporting her claim so your solicitor (!? Even Citizens Advice Bureau) can prepare for any impending case.

Don't enter into too much of a dialogue with her, ask her to name the solicitor she isusing so you can deal direct with him/her.

If you take a very professional but remote stance she might just go away, especially if she has no evidence of infection!!

Just because you did not patch test does not mean an insurance claim .. the claim only comes about with a reaction to the treatment. And I haven't heard you tell us yet that you have seen this or it has been proved to you.

Continue to work as normal and deal with this when it becomes something real. If it becomes something real and she can prove the infection you will have no option but to pay up ... but she does have to supply some evidence first!!

Keep us posted.

Jacqui xx

 

[LucyLashes]

Hi, this is my first post, I read all the updates and much like the 'you know your a geek when' I can't live without Sg already!!

Back to OP, this is a well know scam in the midlands, I work in law as my 'normal' job and you need to get a good solicitor. They probably won't take you to court just want an out of court settlement. That's what happens alot around here. did they wal in or telephone first?
Is their anyway they may have said on the telephone or in person they have had one before and don't need or want a patch test? Did they say they just wanted the tint?
If you speak to a solicitor and explai you think it was a scam for lots of reasons, the continuity in what you have said screams out it's a deliberate scam you could be okay.

Otherwise to CYA it's so important to get all clients to sign if they refuse a patch test... X

HTH

 

[nietta]

hiya, my mama works in small claims court, so this is what she has said about the situation x

If things go further, get a lawyer and obviously fight the fact that you didnt see the client after so she cannot prove she had a reaction. If she doesnt have any medical/A+E/Dr letters or records to say she had a reaction then she really has no legal standing at all, so find out if this is the case. If she does, you need to ask if tests were run as to what caused her reaction, if her Dr cant prove it was the tint, you have the advantage as its her word against yours. Bring up the case that she did not contact you afterwards, that her 'friend' did, and you find this suspicious. If she has anything like pictures of her reaction, unless she has medical records, she cannot prove these photos were taken after your treatment.
Id contact other salons in the area and make them aware of these women so they know what to look out for, just incase theyre pulling a fast one on therapists.

if she does have medical records, your case is weakened, but unless theyve run tests to prove your treatment caused this reaction, not just probable cause, you still have a case.

Any good lawyer will help you with all of this of course. If they do have solid proof that you caused the reaction, they may take a settlement of compensation, instead of going to court and marking your record as a therapist.

hope this helps x

 

[gorgeous21]

Thanks everyone for your support and wise words. I will keep you all posted x

 

[bombini]

Thanks everyone for your support and wise words. I will keep you all posted x

Have you had anymore contact with them ?