High court OKs lawsuit in face-scarring cosmetic case

Monday, Nov. 15, 2004 | 9:08 a.m.

CARSON CITY -- A cosmetics company that gave a lotion to a Las Vegas woman whose face was permanently scarred is entitled to sue the manufacturer of the product, the Nevada Supreme Court has ruled.

The court said Nylynn Cosmetics Inc. should be able to seek damages from Aloe Commodities International, which manufactured Nylynn's Medium Lactic Acid Peel.

Before she was scarred, Hilarie Sandoval worked for several cosmetic companies as a spokeswoman because she had beautiful skin, according to the court documents. She was at the Academy of Hair Design in Las Vegas in January 1996 when a representative of Nylynn demonstrated its products to the students.

Sandoval told the representative she had used other Nylynn products for about four months and she then received a sample of the lactic acid peel. Nylynn had purchased the product from Aloe.

Sandoval put the peel on her face that evening but then experienced a burning sensation, she testified. She then removed the peel because of the pain. When she awoke, she noticed blood spots on her pillow. Her face was burned and swollen.

She visited a dermatologist who said she suffered from a chemical burn and a staph infection. Dr. Scott MacCleod, the dermatologist, said her skin would probably be permanently damaged.

Sandoval filed suit against Nylynn and an arbitrator awarded her $518,073.

Nylynn maintained it had tried to get Aloe Commodities to help defend the case and to share in its costs. Aloe did not. After the arbitrator's decision, Nylynn filed suit against Aloe.

District Judge Mark Denton of Las Vegas ruled that Nylynn was not entitled to indemnity from Aloe Commodities.