Hi friends, I wrote about 3 or 3 and a half weeks ago that I thought I had contracted conjunctivitis (pink eye) from a cosmetics counter shop. I missed a day of work, and had to go to the dr. for a prescription of super duper anti-biotic drops. Well, that didn't cure it. Still red, still itchy, still discharge. Back to the dr. last Monday. Maybe it is allergy, get new eye drops that will take care of anything in that realm. So now I am no better, and in some ways worse, after taking the drops that should kill anything or at least provide relief. I am starting to get scared now as my vision is getting blurry.

Next stop, eye specialist today. I had lots of tests, had my eyes "stained" whatever that means, and new diagnosis (theory that is until proven by culture) is clamidia (don't even know how to spell it. I said you don't mean the same as the STD? Dr. says that is exactly what it is, because they have ruled out most everything else, it is not simple pink eye, and I have to go back now on Wednesday. I now have steriods drops to calm down the eyes, and the blurry vision is caused by the mucous and filminess.

I know we are independent contractors and as such, take risks. I have contacted the scheduler to ask if there might be some compensation for this plague. The dr's theory is that the person just before me who had eye makeup applied had this disease. I know this is long, but I wanted to tell you the whole story, and hopefully you might have some suggestions for me. Last night, I cried. I thought I was going blind. I asked my husband if he would still love me if I was blind. He said, "of course. And then I wouldn't have to worry about your driving." ha ha. Help me, please. Thanks!

I would consider contacting the store directly in this case.
Normally not but you have compensation that would overpay any amount paid for a shop fee. Unfortunately legal assistance is probably warranted at this point. And keep your paperwork.
As far as the store you could have been a normal customer and if you have a receipt you WERE a customer.

I'm so sorry you're going through this Carol. I don't have any suggestions, sorry, but I wanted to let you know I'm thinking about you and worrying.

Awww, Carol, that's beyond awful! I don't have any suggestions either but know that I'm thinking about you. I hope your eyes clear up quickly. I think Canadamommy is on to something and that the store itself should be contacted, as a regular customer would do should this have happened to them.

Good luck.

Thanks, guys. The store is well known for its super star treatment for customers. They pride themselves in going far above and beyond for customers. In fact, I worked there for nine months, so was well trained in the theory of "whatever it takes to keep the customer happy do it." That was pounded into us all the time.

It seemed to me that the policy was taken advantage of often. I do remember a customer coming in with a dirty, used coat. "I bought this a year ago, have worn it all this time, and just now discovered it is DRY CLEAN ONLY and I can't afford to have it dry cleaned." Yup, you got it. They refunded her. I guess I can tell you the store name, right, because I can't tell you the client as it is an actual cosmetics line. It's Nordstrom.

I would give the scheduler a couple of days to do her own contacting of the store. Meanwhile try to get from your doctor in writing what the diagnosis is, the onset date and expected course of future treatment. Tell him that it is for a future claim for damages. He will not like that he could potentially be called into court to testify, so indicate you are hoping to get assistance from the store in handling future care and hope you won't need to take legal action.

If the scheduler has not gotten back to you in a few days, call back and ask to speak with the account representative for those shops or the owner of the MSP. Explain the situation clearly, unemotionally and what you need, past, present and future to get the problem solved. Mention that you had contacted your scheduler but there seems to be no progress made there. Mention also that your husband will likely need to be treated as well. Explain that you really are not fond of lawsuits and that you suspect that the store would prefer handle this quietly, but that you do need it resolved and would he like to run interference on this or should you/your lawyer approach the store directly. Make clear that you are aware that stores carry liability insurance for such situations and that you are contacting the company first for resolution and suggestions before going to the store.

Carol, so sorry to hear that.

From a legal standpoint, I'm not sure what recourse you have with the client in this case. I would definitely follow through with contacting the MSC before contacting their client, however. Give them a chance to make it right.

If we MSers were all employees, this would be covered under workers comp. Though there is no obligation for the MSC to compensate you for problems encountered while on assignment for them as an IC, I would hope that reputable companies would consider their benefit in keeping their contractors healthy, happy and safe! Otherwise, this goes in the hopper as just another reason for shoppers not to continue supporting our position as IC's.

My opinion is they are not legally bound to this type of problem, not offering health Ins., and shoppers being Independent Contractors. You might go after the store in which you got infection, better chance to have a suit, just leave out the fact you were a shopper. I wish it were different, but you might just have to swallow this one. I lost my computer to a serious virus in a hotel while doing a job that put me out of commission for 5 days...I have no recourse. Same thing only your eye, my computer. We keep taking the blows, sorry and hope your better now.

Wow Carol! That's rough! I didn't even know one could get chlamydia in the eye! I know it's easy to blame the makeup counter, but a more likely theory is that somebody didn't wash her hands after using the bathroom and touched the same doorknob that you used. You then transferred the bacteria to your eye by rubbing it (of course, not knowing the harm).

"It can also be passed to the eye by a hand or other body part moistened with infected secretions" (from youngwomenshealth.org)

Let this be a lesson to everyone--please, PLEASE wash your hands after using the bathroom. Also, avoid touching doorknobs if possible (use a sleeve or a paper towel), because a lot of people are still going to be gross.

The good news, though, Carol is that chlamydia is 100% curable unless it goes unchecked--which it sounds like you caught it pretty quickly.

Good luck Carol! I wish you the quickest recovery!

What would you do if this happened and you were not on a shop - i.e. you went into Nordstroms and had makeup applied and this happened?

I don't think the MSC has any liability or responsibility here. I am not sure if Nordstrom does or not - but it seems if anyone does - it would be Nordstrom or the cosmetic company. But I know people that have gotten serious fungal infections from spas/pedicure places and they had no recourse - so I assume this is the same situation.

I agree with Steve, that if you are going to pursue this, I would inform the MSC of your plans to contact the client (as a customer NOT as a shopper) - although I would not expect them to assist you. If/when you contact Nordstrom about the situation, I would never mention the circumstances by which you were in the store other than you were just a regular customer.

"Nordstrom" quality service is a term that is bandied about in every industry it seems (we use it in banking, and I was at a meeting yesterday for a new product in hospitals that was being marketed as "Nordstrom quality care" - it will be interesting how they handle this if you do pursue it. Keep us posted!

Nordstrom would not be held liable, however the counter say Nars (for example) would. The help is trained to not let you use testers without sanitizing. I wanted to try a mascara and Associate came running over, took it from me and cleaned it....so, maybe they could be liable. They are venders and responsible for their help and use of products. Difficut to prove after the fact, must do it immediately (I think).

Not necessarily. It was on the store's premises. Ultimately, it would depend on what type of deal they have with the counter in question. The same is actually true with the MSC, although it's unlikely that, contractually, they would assume any responsibility. (Doubtful there are mitigation clauses.)

As opined above, I would contact the MSC first, and I'd suggest you confirm your dialogue in writing. Even just a "Thank you for your help today. As you suggested (or 'as discussed') I will contact the store."

The irony is, by virtue of the report, you have proof that you were in the store. Hopefully it won't come to that, but if necessary, I would forfeit a relationship with the MSC in order to get a satisfactory resolution. You should not be out of pocket for any of your medical bills.

Good luck, Carol!

Edited 1 time(s). Last edit at 10/12/2010 06:20PM by nicelytwicely.

I once fell trying on a pair of shoes at Nine West....the heel on this shoe was crooked. Associate was Manager and very sorry. Exchanged info., and I bought shoes took them to an Atty. (contigency). He checked with a shoe maker, we had a law suit. Nine West Ins., would not give me for pain and suffering, but paid for exrays and medical bills, (I was in a cast for 6 weeks)....it's an uphill battle due to large companies Ins. policies. Bottom line, store was not responsible for manufacter of shoes....just couldn't prove they were ill made.

Carol, if you could prove liability then Nordstroms would definitely be a defendant. They could easily handle it similar to any injury claim, such as a slip and fall. They are likely to be self-insured for matters below a certain dollar amount. I would contact the appropriate department if your MSC flakes out, which I think is likely.

I hope you do this and win....just very dubious and stores like Nordstrom protect themself. Call an Atty and find out, we really only know personal experiences. I'd seek advice from an Atty, it won't cost you for an intitial visit. What seems like a done deal has many levels to prove us wrong, I know you have to prove eye makeup was the cause and you didn't come in with problem.

Honestly, at this juncture, there's no need to contact an attorney unless she is looking for damages.

Specifically in regard to insurance, it is very possibly in the store's (or vendor's, if liability ultimately falls there) best interest to settle without making a claim. In general, many minor claims are settled that way because it's cheaper than risking an increased premium.

Carol, I'm truly sorry for such a mess. If it were me, protecting my standing with the MSP would not be uppermost in my mind. I would not want them intervening with the client on such a matter in anyway on my behalf. Most likely, as a professional courtesy, I would advise them of the events that had occurred. I'd then decide on my course of action, with help and advice from trusted and competent advisors.

Wow, everybody you have given me a lot to think about. I think I am going to Nordstrom's. In fact today, I had a customer who works at Nordy's, a friend actually from when I worked there, and I told him. I think too, I will contact my friend who is a manager of a Clinique counter and ask her what might happen. In the mean time, I am getting worse, can hardly look at the computer screen being so light sensitive. Tomorrow, another eye dr. appt. And pixie, thanks for your thoughts, I do appreciate them, but germs just don't live on doorknobs for long. I took microbiology and we had to scrape the door and look under the microscope and could hardly find a thing. Also, the dr. said this is direct contact. Probably the person before me had this condition and then the makeup artist who had touched her eyes touched mine, is his theory. And, on top of that, I suffer from OCD so I wash my hands a plenty. And Flash, it isn't communicable in that way, although it was nice of you to think of my husband. It is strictly localized in the eye. I am not going to give this to anyone unless they share my eye makeup and my husband just refuses to wear the same color of mascara. ha ha. Thank you all, I sincerely appreciate your good wishes. I have only been here a few months and I feel as though I have a little family rooting for me. It's a great feeling here in cyberland. I will certainly post tomorrow after the appt. with the eye specialist. It's going to be interesting. Again, thanks to everyone both for your support and your concern.

Carol

wow carol i am sorry... my hopes and prayers are with you and your husband...


it does seem to me you have a very strong case here and I would contact not one but several lawyers.... as well as the sanitation department... they very well might be able to run an inspection and it may prove your case stronger still ... also look through your trash for evidence as i am sure you wiped your eye shadow out with something as well as anything that might have touched whatever you did...


but none of this makes up for what has happened to you and i hope you may heal quickly and well...



Edited 1 time(s). Last edit at 10/13/2010 05:00AM by cooldude581.

awwww, thank you. You are a cool dude.

Carol

Carol, with due respect to Cooldude, you do not have a strong case at all. It is weak and circumstantial and very hard to prove. An attorney at this point is a long shot and may very well scare away any consideration of a simple medical claim for Nordstrom's. A polite call to Nordstrom's claims department may be all you need. They have an excellent reputation and may also recognize their exposure, both medical and public and simply handle your claim.

Well I don't plan to call a lawyer yet, just a simple call to the store manager and we will see what happens. I'm hoping they will handle it in the "Nordstrom" way. I just want to feel better, and hopefully tomorrow after the eye specialist I will. thanks!

Be calm, but firm, Carol, and make sure to get copies of all reports from your doctor. There's no way the store wants to get into a dispute over this. Good luck!

And it may well be that there will be a line at Nordy's for you to get in because if it happened to you, it probably also happened to several other non-shopper customers that same afternoon.

Thanks everybody. Look forward to my report tonight. The saga continues.

Flash Wrote:
-------------------------------------------------------
> And it may well be that there will be a line at
> Nordy's for you to get in because if it happened
> to you, it probably also happened to several other
> non-shopper customers that same afternoon.


Hush money may be in order for the unfortunate red-eyed.

Okay at dr. appt. #4, it has been determined that I do not have clamidia. I have gone thus far in my life with no STD's and plan to continue that way. New diagnosis: allergic reaction to eye makeup (so probably no cross contamination, good for Nordy's) and then a very bad eye infection resulted from that. New drops (drops # 4), and the hope that now this will clear up very soon. I am so light sensitive because my eyes are so irritated. I went into the downtown Nordstrom's this morning and asked for the cosmetics manager. I told the Estee Lauder gal what happened and she was most sympathetic (and relieved that it wasn't her counter). She said that she is sure N will do something for me, but she doen'st know what. I also e-mailed scheduler who is on vacation explaining that I was now contacting N as a customer, and she is passing that info onto her boss. I am so relieved I don't have an STD. I looked up clamidia in the eye on line last night, and it is nasty. So if I am not better in just a few days, back I go. But she is confident that they have the right diagnosis and the right meds now. This will be just about one month total of eye misery, if I am better within the week. Thanks everyone for your kind thoughts.

Carol

Well, I'm glad it's not chlamidia because a relative's doctor contradicted some of the above information. Anyway, if you live in a metropolitan area and are MSing like many of us to make extra money (meaning you don't have much), you may want to contact Legal Aid (if it's not allergy). Unfortunately for those of us in rural counties who only travel to the big city, we don't qualify for Legal Aid. You could also find out who inspects the makeup places. There has to be someone. Maybe the state Attorney General's office can tell you which agency that would be. All of this of course in case you still need it.

I'm glad it is "only" an allergy. I stayed away from mascara for ten years because of allergies. I'd check the ingredients of several of them, including the one you use, to see what the commonality is.

Well, at least you don't have the STD stigma I guess that's a good thing. I mean is an STD without the 'S' better/worse?

Fingers crossed that the diagnosis and meds put you on the fast track to recovery!

That does indeed sound like very good news. Hope that the drops clear up the infection and any other problems!