Facts

Plaintiff Marilynne Orrill sought acupuncture treatment with defendant Min Shi for chronic low back pain. Defendant elected to utilize fire cupping as part of his treatment. This involves lighting an alcohol soaked cotton ball and placing it under a glass cup. Heat from the flame creates suction with beneficial effects. If done properly, the flame extinguishes when the cup is placed on the patient's back.

On Nov. 15, 2005, after placing the cups, Min Shi left the treatment room. Almost immediately thereafter, Mrs. Orrill felt burning and smelled smoke. She realized that she was on fire and began screaming. The fire was put out, paramedics were called, and plaintiff was taken to Henry Mayo Newhall Memorial Hospital for emergency treatment. She was subsequently transferred to the Burn Center at L.A. County/USC Medical Center where she underwent surgery for deep second- and third-degree burns, which included a skin graft from her thigh.

PLAINTIFF'S CONTENTIONS:
Plaintiff relied on the doctrine of res ipsa loquitur to support her claim. It was plaintiff's position that a patient undergoing cupping does not ordinarily have her blouse catch fire in the absence of negligence on the part of the acupuncturist. Nothing in the acupuncturist's records indicated how the fire started. The case was settled before depositions were taken.

DEFENDANT'S CONTENTIONS:
Defendant contended that this was a freak accident, that defendant complied with the standard of care in everything he did, and that the fire and resulting injuries was no one's fault.

Result

Settlement, $200,000.