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A Travis County woman who claims that an unsolicited deep-tissue massage with a fitness product caused her breast implant to deflate is suing the product manufacturer and its founder.
Kim Delgado filed the suit Jan. 2 *in Travis County against Trigger Point Performance Inc. and its founder and president, Peter Leonard Cassidy Phillips of Austin. The suit also names Implus Footcare LLC, which bought Trigger Point Performance in October.
Delgado's injury occurred Aug. 10, 2013, at the IDEA World Fitness Conference in Los Angeles, where some Trigger Point products were being marketed to potential vendors, according to her petition filed*in the 126th State District Court.
The company manufactures fitness-related products, including massage items such as foam rollers and massage balls, the suit states.
As Delgado was assisting in marketing the products, she was given an unsolicited deep tissue massage by Phillips, who used a Trigger Point "Factor Ball" to massage Delgado's pectoral and lateral breast area, the petition states.
Phillips exerted excessive force and used the product on an area of the body that was not proper, thereby causing injury, the suit states.
Although Implus bought Trigger Point Performance after the alleged injury, the company may be liable "under the theory of successor liability," the petition states. The company could not be immediately reached for comment.*
Delgado claims that she has been forced to seek costly medical treatments and surgery and will probably incur additional medical expenses in the future.
She is seeking between $200,000 and $1 million in monetary relief and is represented by Scott F. DeShazo and Thomas A. Nesbitt of DeShazo & Nesbitt of Austin.
Kim Delgado filed the suit Jan. 2 *in Travis County against Trigger Point Performance Inc. and its founder and president, Peter Leonard Cassidy Phillips of Austin. The suit also names Implus Footcare LLC, which bought Trigger Point Performance in October.
Delgado's injury occurred Aug. 10, 2013, at the IDEA World Fitness Conference in Los Angeles, where some Trigger Point products were being marketed to potential vendors, according to her petition filed*in the 126th State District Court.
The company manufactures fitness-related products, including massage items such as foam rollers and massage balls, the suit states.
As Delgado was assisting in marketing the products, she was given an unsolicited deep tissue massage by Phillips, who used a Trigger Point "Factor Ball" to massage Delgado's pectoral and lateral breast area, the petition states.
Phillips exerted excessive force and used the product on an area of the body that was not proper, thereby causing injury, the suit states.
Although Implus bought Trigger Point Performance after the alleged injury, the company may be liable "under the theory of successor liability," the petition states. The company could not be immediately reached for comment.*
Delgado claims that she has been forced to seek costly medical treatments and surgery and will probably incur additional medical expenses in the future.
She is seeking between $200,000 and $1 million in monetary relief and is represented by Scott F. DeShazo and Thomas A. Nesbitt of DeShazo & Nesbitt of Austin.