Suit alleging tattoo caused staph infection dismissed

David Yates Dec. 17, 2012, 2:38pm

Litigation brought by Jamie Gerardo, who sued Lash Co. for a staph infection she developed allegedly after getting a tattoo on her right breast, has been dismissed. 

As previously reported, the suit was filed Aug. 31, 2011, in Jefferson County District Court.

Court records show that Gerardo filed a motion to dismiss on Aug. 7, stating she no longer wished to pursue her claim.

Judge Bob Wortham, 58th District Court, dismissed the defendants with prejudice on Aug. 16.

The lawsuit states that Gerardo, a cancer survivor, wanted to have tattoos and permanent makeup applied to her skin. On Sept. 7, 2009, a Lash employee was applying the permanent makeup and injured her eye.

Gerardo was paid a $2,000 settlement and returned to the company for breast tattoos.

“However, defendants failed to use proper sterile technique … and plaintiff developed a staff infection (sic) which destroyed the tattoo and injured her right breast,” the suit states.

Gerardo faults Lash for failing to inform her that tattoo ink is metallic based and negligently failed to warn her that the ink can have adverse affects on cancer patients.

She is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Attorney Larry Hunter of the Beaumont law firm Provost Umphrey represents her.

Houston attorney Ian Beliveaux represents the defendant.

Case No. A190-780

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