Negligence Claim Survives Motion, Remanded to State Court

Fri, 24 Apr 2026 01:19:26 +0000
Healthcare

The US District Court for the Eastern District of Virginia denied defendant Brittany Wells's motion to dismiss or for summary judgment in a negligence action arising from a Morpheus8 radiofrequency microneedling treatment. The plaintiff, Marcelli Pascal-Rodriguez, alleged the defendant encouraged the treatment by representing it was safe for all skin tones without disclosing potential side effects, resulting in hemosiderin staining requiring extensive treatment. The court found the plaintiff stated a plausible negligence claim and remanded the case to the Circuit Court for the City of Virginia Beach for further proceedings.