23 Jul, 2019 → by ClaimboUser992429
Unethical medical facility

1

I had been doing research on noninvasive procedures to lose fat. I decided I wanted Vanquish and Kybella. I saved money for about a year. Vanquish is a procedure that consists of four treatments one week apart for four weeks for each area of the body one wants done. For me it was the inner thigh and lower back. Kybella is a set of injections given in two sessions six weeks apart. More than two can be done but at least two is mandatory for any results. With that, here goes....On January 18, I went to Dermacare for a scheduled consultation. I new what I wanted and where , and was going to transfer money and pay in full one time. I made this crystal clear to the physicians assistant, Kellie Duarte and to the consultant named Brooke Brandon. The physicians assistant looked at where I wanted the Kybella which was my underarm fat, she the n conversed with Brooke about what she thought, etc...she again explained it as injections in two sessions. I said please give me the total and I will pay in full. Brooke totaled up the eight Vanquish ( on my inner thighs and lower back fat) sessions and two Kybella sessions and said it was $8000.00. I asked twice to make sure this was correct and asked if I needed to pay for third or fourth treatments. The physicians assistant said, "No,No,lets do the first two treatments and see how that goes." Brooke confirmed the $8000 and I transferred moneyto my checking and paid it in full. We then scheduled all ten appointments (2/12 at 1:00 Kybella; 2/18 at 1:45 lower back; 2/19 at 1:45 inner thighs; 2/25 at 10:45 lower back; 2/26 at 1:00 inner thighs; 3/4 at 10:45 lower back; 3/5 at 12:00 inner thighs; 3/11 at 10:45 lower back; 3/18 at 11:00 inner thighs; 3/22 at 4:30 second Kybella). I started with Kybella on February 12th, then had eight Vanquish treatments scheduled, and ended with Kybella on March 22. Because of the weather and snow, the Vanquish on my inner thighs got delayed. I missed 2/25 at 10:45, for my back, 3/4 at 10:45 for my back, and 3/11 at 10:45 for my back. But since the Vanquish was unable to work well on the inner thighs, I simply used the following appointments for my inner thighs on my back. That left three treatmentsI was to make up after my second Kybella treatment. Leaving about $2000-$2500. This was designated for finishingthe Vanquish on dates after my last Kybella treatment. However, at my last Kybella treatment as I was walking out the receptionist rudely stopped me and said " ummm, you owe us money for all the injections you just received." I said absolutely not. I explained and after some back and forth she said she would have to talk to Brooke. Before I got home, Brooke called. She apologized over and over and said she and the physicians assistant miscommunicated somehow that either she misunderstood what was needed or the physicians assistant forgot what she said she was going to use accidentally gave me all the Kybella at once instead of for the two sessions it requires. I only signed one receipt. They injected me unknowingly with high amounts and without my consent. When the receptionist confronted me, the physicians assistant was there as well. She was shaking her head as to say, no she has paid in full. Then she became bright red in obviously knowing she had made a mistake. Brooke continued on saying she would try to get me a good deal for the additional Kybella but she needed manager approval. I said, well I am not sure what to do here, 1) I never signed for the additional Kybella, you injected me with twice the amount unknowingly to me. 2) this is a mistake between you and the physicians assistant, I don't believe I should be held responsible. She said she would have her manager Nery call me when she was back in town.A week later, Nery called. She basically said, too bad, that I got the injections, I have to pay for them. I explained that I paid in full and paid for the Kybella to cover the two sessions. I should not be held responsible for a physiciansassistant who over injected me or for the incompetence of a consultant who didn't communicate well with said assistant. Nery then said never mind, she would use the money I had left over for the Vanquish to pay for the Kybella and if I wanted to finish my second Vanquish treatment I would have to pay more. I told her that was unacceptable. She hung up. I wrote the Attorney General, Better Business Bureau, Federal Trade Commission, and the Medical board complaint line. They all said I had reason to be pursue reimbursement and or legal action , as did the eight or so law firms I contacted. They just said my case was too small. I took their advice and wrote to Dermacare pleading to come up with a fair resolution and a copy of my detailed receipt. Nery at Dermacare finally responded back with one letter to all of the above. She wrote that I never paid for a second session of Kybella that that additional treatments were going to be discussed at a later date. That the Vanquish I missed left the extra money in my account which she chose to use for the extra Kybella leaving me with a zero balance. That to them, I am paid up and if I wanted more procedures I would have to again pay for them. I was shocked. I couldn't believe a professional medical facility would blatantly lie. Obviously I paid for the second Kybella treatment otherwise I would not have scheduled the day to get the procedure done, March 22. I asked them to please email me a copy of the signed receipt. They have refused to this day. I tried to contact the doctor, Dr. Sidney Smith, but the messages that go to Dermacare go to Brooke or Nery. I'm not sure he even knows what's going on. I have no direct number to call him at. All I wanted was my $2000 for the Vanquish I did not complete. I don't believe I should be held responsible for someone overly injecting me without my consent for the additional Kybella product, especially since I didn't sign for it. In good faith, I paid in full at my consultation. I should have been given the Kybella I paid for in two sessions as was discussed. They chose to inject more. I should not be responsible for their mistake. Nor should they have the right to blatantly lie about what occurred. Brooke fully admitted it was their fault. It was Nery, whom I don’t know and havenever met, that made up lies and made false allegations. I now ask for the full $5000.00 because of the lies against my person, services not rendered, the unfair sales practices act, emotional stress, and the fact that my health could now be in jeopardy since the excess of Kybella has caused such swelling and lumpiness I am unable to get my mammogram and have had to postpone it three times. I have really been affected by this situation. I have pled with Dermacare and they will not even acknowledge me. I'm not even sure if this can be seen by a judge. All I have is myword verses Kellie Duarte and Brooke Brandon. I do have the fact that I paid in full and did schedule the second Kybella treatment during my initial consultation. Why would I insist on paying in full, one time, then schedule a second mandatory session and simply not pay for it.? It is not even logical. I paid in good faith. Brooke called and admitted her wrong doing. Nery did not respond back for over a week, which makes me think it took them that long to come up with a way to not take responsibility.
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