August 10, 2006

Salon implicated in recent death operated for years without a license

By Kymberli W. Brady
Special to the Times

A surprise salon inspection on Wednesday resulted in 10 major violations and added a startling new twist to the ongoing pedicure infection outbreak of 2004.

The inspection prompted an emergency Senate hearing in Sacramento on Thursday, Aug. 10. Several of the other victims, including Almaden’s Britany Welby, were called to testify at the hearing, just prior to publication.

After the July 21 issue of the Almaden Times reported the death of Jessica Mears, the Board of Barbering and Cosmetology ordered the inspection at Top Hair & Nails Salon in Mountain View, where Mears contracted the infection, which friends and family members say contributed to her death.

What inspectors found were serious violations across the board; improper disinfection of non-electrical items, soiled non-electrical instruments in unlabeled containers, incorrect storage of disinfected items, two dirty foot spas, no updated log book, cosmetics in dirty containers, non-disinfected disposable items, dirty towels and more—11 violations in all.

The twist— Top Hair & Nails Salon didn’t hit the radar screen after the sweep inspectors conducted in Santa Clara County in 2005 because records show the salon had only been licensed since March 2006, nearly two years after Mears was infected.

“Incredible,” said Mears’ attorney Rob Bohn. “Just yesterday, the salon owner said on television that Ms. Mears was not infected at her salon, that her claims are not justified and that they cleaned everything well at the salon. Today, after the salon was inspected, we discover the truth, which is a far cry from what Ms. Van told all of us yesterday. This salon was not inspected for more than five years because it was not even licensed.”

According to Kevin C. Flanagan, with the Department of Consumer Affairs, The Board of Barbering and Cosmetology is looking into whether it can take disciplinary action against the salon retroactively for unlicensed activity.

“How can anyone in their right mind support or sympathize with people who behave like this?” added Bohn. “It's time for these people to stand up and take responsibility for a change.”