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twitterOwner claims spa used after hours for surgery
She says employee with key, her doctor-husband drawn by medical equipment
LEILA NAVIDI / LAS VEGAS SUN
Tracy Hurst, owner of The Medical Spa at Summerlin, claims a former employee and the employee’s husband used her medical equipment, which she spent half a million dollars on, to run a cash-only side business performing cosmetic procedures on patients after hours and on Sundays.
Friday, May 1, 2009 | 2 a.m.
On Television
More about the medical spa story will be aired today on Face to Face with John Ralston. The show airs at 5:30 p.m., 6:30 p.m. and 8 p.m. on Las Vegas ONE, Cox Cable channel 19.Related Document
After Hours Practice?
A lawsuit alleges a retired plastic surgeon and his wife set up a secret practice and pocketed the proceeds.
The Medical Spa at Summerlin
Sun Coverage
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Beyond the Sun
Tracy Hurst says she was the last one to know that a clandestine after-hours cosmetic surgery business was being run out of The Medical Spa at Summerlin.
And she owns the place.
In connection with a lawsuit she filed against a former employee and the employee’s retired cosmetic-surgeon husband, Hurst said she discovered that thousands of patients underwent cosmetic procedures behind her back for about two years. She alleges that registered nurse Nancy Vinnik used her company-issued keys to reopen after hours, conducting a bustling cash-only business until the wee hours of the morning. Vinnik and her husband, Dr. Charles Vinnik, would allegedly do the same on Sundays, when the business was closed, Hurst said, always cleaning up after themselves before she showed up.
Hurst, who opened the medical spa next to Summerlin Hospital Medical Center in 2003, said she has learned that her clients were being bled off to the off-hours business, where they received deep discounts on procedures intended to reduce wrinkles, smooth skin and restore youthful appearances — Botox and other injections, laser skin treatments and photo-facials.
Another dozen or so plastic surgeons were performing breast augmentations and other surgeries that went beyond the scope of the facility’s capabilities, she added in an interview.
She claims they were motivated by the free use of her medical equipment — she’d invested a half million dollars in the latest machines — and the access to image-obsessed patients who could be sold plastic surgery procedures.
In some cases the doctors were negligent, Hurst claims, causing infections and other injuries that could have exposed her to lawsuits.
The allegations were first aired on the television news show In Business Las Vegas.
In her lawsuit and in interviews, Hurst said every night dozens of patients — many of them cocktail waitresses and strippers just getting off work, and having heard of the overnight procedures through word-of-mouth — showed up at the medical spa seeking procedures. Other patients were poached from the spa’s patient base.
A nurse involved in the operation told the Sun that the after-hours business generated as much as $30,000 daily.
Hurst is suing the Vinniks for alleged interference with her business, violation of contracts, unjust enrichment and trespassing. The betrayal is particularly deep, she says, because Dr. Charles Vinnik was her mentor and she trained Nancy Vinnik to use the spa’s laser equipment.
Attorney Michael Stein, who is representing the Vinniks, denies the allegations and says Hurst’s claims are preposterous. It’s beyond belief that plastic surgeons who operate their own clinics would risk their medical licenses for some off-the-books business in a medical spa that didn’t have the proper equipment, Stein said. The potential profit of such an operation is “chicken feed” compared with the potential liability involved, he said.
Plus, Stein asked, incredulously, why would the Vinniks and other doctors engage in such illegal activity when it’s entirely possible that Hurst would walk in, unexpected, on the alleged after-hours operation?
“So the owner decides to go back to her office to get something and you’re sitting there working on patients? It’s ridiculous!” he said.
Hurst said she learned of the scandal in July from one of her patients, Anna Giorgione, who was not satisfied with a procedure performed by the Vinniks. Giorgione said in a signed statement attached to the lawsuit that the Vinniks had been using the office after hours for a year. Giorgione said she started going on Sundays because Nancy Vinnik told her the spa was booked during the week.
Giorgione and others were given $200 in products or procedures for every patient they referred for treatment, she said in her statement. She said she has friends who paid $1,500 cash for a laser treatment and that the Vinniks and another plastic surgeon were present during the procedure.
“I know of at least 10 girls who will testify to these activities,” Giorgione said in her statement.
A nurse who worked at the facility corroborated Hurst’s account of the events in an interview with the Sun. The nurse, who asked not to be identified because she’s looking for employment, said she will testify in the court case. The nurse said she was originally hired to work day shifts at the medical spa, but Nancy Vinnik soon asked her to come in at night, starting in February 2007 and continuing until May 2008. She said the medical spa was so busy — about 20 patients a night in the seven procedure rooms — that she had no idea at first that it was operating off the books. Hurst, the owner, was not involved in the medical side of the operation, so the nurse said it’s plausible that she didn’t know about the after-hours operation.
The nurse said Dr. Charles Vinnik was often at the medical spa and one average night, she watched Nancy Vinnik count about $30,000 in cash at the end of the shift.
The nurse said other doctors were also involved in the scheme.
Hurst filed complaints with the Nevada State Medical Examiners Board against Vinnik and one of the doctors, accusing them of working after hours without her permission at the medical spa.
“Patient safety and our company have been jeopardized,” the complaint said.
The medical board said it did not have jurisdiction so the complaint will be forwarded to Metro Police because it was a trespassing matter.
Under Nevada law, the medical board can discipline doctors for “engaging in conduct that brings the medical profession into disrepute,” including conduct that violates any code of ethics adopted by the board.
Louis Ling, executive director of the medical board, said the complaint was not investigated because, although it is a serious allegation, it deals more with a business relationship than patient care. The board will take action if a civil or criminal decision is brought against the doctors, he said.
When asked if it was at least unethical behavior and a possible cause of “disrepute” that warranted investigating, Ling said the board has not actually adopted a code of ethics and that it’s difficult to define “disrepute.”
“We’re not trying to duck this,” Ling said. “But we get complaints all the time from people who are peeved at doctors, and when you boil it down, it’s a civil-legal dispute.”
Discussion: 17 comments so far…
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Wow. An after hours chop chop for people with cash.
This is a made for TV movie!
I can't help but think of Henry Winkler & Michael Keaton. Night Shift was the movie, I think.
And, of course, another sad commentary on the goings on in Las Vegas, NV. How Vain.
We are not trying to "duck" this, as she ducked out the back door.....
Medical procedures with a "doctor" present at an unlicensed facility is a civil legal matter?
The abortion clinic with the "doctor" in the van at the high school is also a civil legal matter>>>>
The Medical Board strikes again (NOT). Docs doing surgery, unauthorized, is not "engaging in behavior that brings the medical profession into disrepute?" Are you kidding? The Medical Board is once again protecting its own like it always does.
Hey all. We have more on this story today on Face to Face with Jon Ralston. That's at 5:30pm, 6:30pm and 8:00pm. We are also covering it on In Business Las Vegas today at 3:30pm and 8:30pm; Saturday at 7:00am; and Sunday at 9:30am, 4:30pm and 10:00pm. Both programs air on Las Vegas ONE, Cox Cable Channel 19.
I personally know Dr. Vinnik and I can tell you he has suffered some mental disorder the last 10 yrs. It might be something to do with old age, but the doctor is not of the same mental capacity he was in the 1990's. I can't even drive a car. He drives a scooter all around town. Should Dr. Vinnik still have his medical license???
I worked at The Medical Spa at Summerlin for about one year. I was interviewed by Nancy Vinnik and soon hired.While working their I observed the extream ups and downs Nancy Vinnik would display so many times. Nancys hands would shake, her eyes looked dilated and would dart around, while she would yell at me and other staff for things that only she was responsibul for. At that time I truly belived it was a hormonal thing,not wanting to think bad of her. But I thought she might have been using something,, as the extreams were so drastic. I had to stop working at The Medical Spa at Summerlin in march 2008, as busness had just slowed down so much I couldn't aford to stay. Now it ALL fits! I always wondered why Nancy would not walk out with us late at night, she wouldn't leave. Good Luck to Tracy Hurst and all the staff!
Ellie Milligan, Aestician, Retired Correctional Sergeant, Cal. Dept of Corrections.
Sounds like the Vinniks are a couple of no good CROOKS who should be prosecuted criminally if they were operating without the proper licensing. The IRS will be alerted and look into the Vinniks cash businesses. The Vinniks better be declaring all these illegal income or they will be spending years behind bars. It sucks to be them.
"Under Nevada law, the medical board can discipline doctors for "engaging in conduct that brings the medical profession into disrepute," including conduct that violates any code of ethics adopted by the board.
Louis Ling, executive director of the medical board, said the complaint was not investigated because, although it is a serious allegation, it deals more with a business relationship than patient care. The board will take action if a civil or criminal decision is brought against the doctors, he said.
When asked if it was at least unethical behavior and a possible cause of "disrepute" that warranted investigating, Ling said the board has not actually adopted a code of ethics and that it's difficult to define "disrepute."
This is ridiculous. The entire medical board should be dismantled. That could shave a few million off our state's budget.
It's an insult to the true dedicated medical professionals of this state that the state agency governing their industry is a joke. Unfortunately it's similar situation in the mortgage and insurance industries. They do very little to prosecute and prevent fraud.
I know the Vinniks personally, and neither of them are the type of people who would operate something such as this. Dr. Vinnik was a very well known plastic surgeon in town for 32 plus yrs and has never done anything unethical. tracy hurst is a money hungry CROOK who is going after them for who knows what. Maybe she thinks he has money being a retired doctor. Nancy is the most kind hearted, warm loving person I know. She would give you the shirt off her back. This alleged witness is a joke.. I have a idea of who she is and it makes me sick for all they have done for her. Tracy hurst must be paying her to say these things. Tracy hurst you are a liar so is "Shari" you all should be ashamed to ruin someones life and overall well being. I could scream!
Who is Tracy Hurst? What has she done for this community besides sue everyone she can to attain what? Probably her place in hell!
Look at all the great things these two individuals have done for the Las Vegas Community. Dr. Vinnik is one of the most respected surgeons in the world. I don't know about these 'mental disorders' he suffers from? As someone who knows these two individuals better than anyone I can tell you he is an awful driver but is one of the smartest and brutally honest people you will ever meet. Nancy Vinnik has done so many things for this community. Her only flaw is that she is too kind. This other nameless nurse is the same one who said, "People in Las Vegas are Shady." Yes, Norma.... people in Las Vegas are shady like YOU and TRACY HURST! You are CROOKS and I feel sorry your children have to be raised by such disgusting human beings.... or shall we call you ANIMALS?
A pillow fight between a few vanity queens.
"Unjust enrichment"?
LOL
Doesn't Jerry Springer or Judge Wapner typically cover these type of stories?
LOL
riiiiiiiiiiiiiiiiiight and she didnt know the "happy endings" were being done either LOL
Wow!
This Hurst lady either knew about this or is too stupid to run a business.
YEARS?!
Someone ran a night shift in your place for YEARS and you didn't know about it?
Guess there's demand for after hours surgery.
Does she plan to now open 24 hours to legitimize and retain the 9 million dollars of annual commerce?
UNBELIEVABLE that Hurst would go this far! I have known her business tactics from numerous past dealings. She is deceitful, underhanded and wicked! I know, for a fact, that this is just another ploy. But, this time she is going WAY too far.
Investagators should check her history for filing law suits. She is always trying to bilk people or find manipulative ways to destroy them using her attornies.
Karma is coming and prison awaits! UNBELIEVABLE!!
What's new more crooked doctors. Doctors having trouble in this economy and try to make up for there losses.
Wow, Tracy this is an all time low even for you. Extortion by lawsuit and media slander. I don't know the doctors involved but there are still plenty of us who know you and your past. Best guess your business tanked again and you are back to trying to get money. You should know better than to try to pull off something where the public can get an ear full. Do you really think people aren't going to talk? Maybe getting a job and working instead of always trying to take advantage of people might work better for you. Yes, Tracy we are still alive and able to speak up. Again, with the same old "I didn't know story".