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Bad Liposuction Costs Spa Owner

Amateur Procedure Nearly Killed Client

The owner of a Corona esthetic spa has pled guilty to unlawfully practicing medicine and assaulting a client by performing liposuction on her stomach and then re-injecting the fat into her buttocks, leaving the victim with a lifethreatening infection.

Queens District Attorney Richard A. Brown identified the defendant as Barbara A. Nieto, 29, of 58th Avenue in Corona, who possesses a business license from the New York State Department of State to operate an appearance enhancement business but did not hold a license to actually perform appearance enhancement treatments or practice medicine.

Nieto pled guilty last Tuesday, May 29, to second-degree assault and unauthorized practice of medicine before Queens Supreme Court Justice Barry Kron, who indicated that on Aug. 8, he would sentence her to serve a term of two years in prison and three years’ post-release supervision.

The defendant, who has been free on her own recognizance since her arrest in April 2010, will also sign a confession of judgment for $130,000 and is required to pay an additional $50,000 in restitution by the date of sentencing.

“[Nieto] held out the false promise of being able to provide her victim with a more attractive appearance. Instead, she nearly caused the death of the young woman by performing medical procedures for which she was neither licensed to perform nor capable of performing,” Brown said. “As a result of [her] actions, her victim suffered life-threatening infections and physical impairment. As such, the prison sentence to be meted out is more than warranted.”

City Health Commissioner Dr. Thomas Farley added, “The unfortunate reality of these unsafe procedures can be lifelong deformity and even death. We urge anyone considering cosmetic surgery to have it performed by a licensed, reputable health care provider.”

In pleading guilty, Nieto admitted that she unlawfully engaged in the practice of medicine when, without being licensed to do so, she administered anesthesia to a 23-year-old woman and performed liposuction to remove fat from the woman’s stomach area – which was then re-injected into her buttocks. Nieto also admitted that her conduct caused the victim to be injured.

According to the criminal charges filed against Nieto, the client went to Perfect Image Stethics at 40-63 Junction Blvd. in Corona for a consultation and was informed by Nieto of procedures that she could perform which would remove fat from her stomach area and then be re-inserted into her buttocks. Nieto told the client that the procedure would cost $500.

Scheduling an appointment, the client returned to Perfect Image on the morning of Mar. 20, 2010, and was taken into a room where Nieto wheeled in a machine that was connected with several hoses. Nieto injected the woman with a substance that was supposed to help with pain and then, cutting an opening in her stomach area, used the machine to suction fat from her stomach area.

Nieto then injected the woman in the buttocks with a supposed pain-relieving substance and then, making two incisions, reinserted the fat into her buttocks. Once Nieto completed the medical procedures by stitching up the holes in the woman’s stomach area and buttocks, Nieto informed the woman that she would need followup massage sessions.

Several days after having the procedure performed, the victim began to feel severe pain and developed a high fever, which continued for several days. Finding it difficult to walk, the woman went on Mar. 27, 2010, to Flushing Hospital Center, where she was diagnosed with bilateral buttock abscesses and underwent surgery. She remained hospitalized for five days.

According to medical experts, if the woman did not seek treatment, she would have developed a septic infection which would have led to death.

Brown said that the $180,000 monetary judgment represents money owed to other clients who paid the defendant for procedures done at Perfect Image Stethics or Bell Stetika Esthetics and Spa (located at 93-28A Corona Ave.) based on the belief that she was a licensed professional.

According to records recovered during the execution of a search warrant in this case, it is estimated that more than 100 people signed forms consenting to the defendant injecting substances into their buttocks to enhance their shape. The district attorney noted that none of these individuals had liposuction and fat transfer injections or suffered the grave injuries sustained by the victim in this case.

Brown expressed his appreciation to Dr. Don Weiss of the city Department of Health and Mental Hygiene’s Bureau of Communicable Disease Control; Deputy Director of Investigations Donald Dawson and Senior Investigator Darilyne Lewis, both of the New York State Department of Education’s Office of Professional Discipline; and Scott McGoldrick, of the New York State Department of State, Licensing Division.

The investigation was conducted by Det. Joseph Failla of the NYPD (formerly of its Major Case Squad), under the supervision of Sgt. Branko Yurisac and Lt. Christopher Stahly and under the overall supervision of Inspector Charles Neacy.

Assistant District Attorney Allison P. Wright of the District Attorney’s Economic and Environmental Crimes Bureau prosecuted the case under the supervision of Assistant District Attorneys Gregory C. Pavlides, bureau chief, and Christina Hanophy, deputy chief, and the overall supervision of Executive Assistant District Attorney for Investigations Peter A. Crusco and Deputy Executive Assistant District Attorney for Investigations Linda M. Cantoni.