A Lafayette woman is suing a prosthetics clinic and one of its supervisors, saying the pair are liable for an incident in which she was accidentally scalped by machinery when she was a student intern at the clinic.
LAFAYETTE, La. (KLFY) -- A Lafayette woman is suing a prosthetics clinic and one of its supervisors, saying the pair are liable for an incident in which she was accidentally scalped by machinery when she was a student intern at the clinic.
Mirina Benferhat is seeking damages against Hanger Prosthetics & Orthotics Inc., a business in Lafayette, and Jason Valdetero, a supervisor at the clinic. Benferhat asserts in her lawsuit that she has continued to suffer physical and emotional injuries since the accident occurred in March 2023.
The lawsuit was filed in March as a state-level action against Valdetero and Hanger but was moved to federal court in May.
According to case filings, the incident occurred in March 2023 when Benferhat was interning at the clinic through Lafayette High School’s Health Careers program.
Benferhat alleged she was assisting Hanger Clinic technicians in the machine room when a “vacuum component” of one of the machines pulled her hair into the vacuum.
“Benferhat struggled to resist but was scalped in the process causing her intense and severe pain,” she said in her complaint.
Among other claims, Benferhat asserts that she was not properly trained how to use the equipment safely and was not warned of its dangers.
Attorneys for Valdetero, who also represent the clinic, filed a memorandum Tuesday saying because Benferhat’s suit doesn’t allege any facts that suggest Valdetero actively caused any harm to her, he shouldn’t be a party to it.
“Instead, the allegations rely on this supervisor’s administrative, managerial role in the clinic, rather than setting forth any personal duty owed by [Valdetero] to [Benferhat],” the memorandum read.
Kevin Duck of Duck Law Firm, an attorney representing Benferhat, told KLFY that Benferhat’s lawsuit properly alleges claims against the supervisor.
“Our position is that he was supervising [Benferhat] but had personal duty to warn and protect her under the circumstances alleged in the suit,” he said.
Attorneys for Hanger Prosthetics and Valdetero did not immediately respond to requests for comment. Hanger Prosthetics & Orthotics Inc. and Valdetero are represented by Charles A. Mouton, Richard J. Hymel and Jared L. Foti of Mahtook & LaFleur LLC.
Duck told KLFY the accident was a “horrific preventable event” that could have been avoided, asserting Hangar and Valdetero failed to take reasonable precautions to protect her.
“As a result of their negligence, she was scalped and suffered serious injuries,” Duck said.
“While we do not contend this happened with malice, the carelessness of the defendants has harmed Ms. Benferhat and I am confident that a jury in Lafayette Parish will hold the defendants accountable for their negligence,” he continued.
Per case filings, Benferhat did not allege a specific dollar amount for damages in her petition but it is believed her expenses related to the accident could exceed $75,000.
