July 21, 2006

Woman dies after contracting pedicure-related infection

Family to file wrongful death suit, friends plead for tougher legislation and stiffer penalties

By Kymberli W. Brady
Special to the Times

You could almost feel Jessica Mears’ cheerful presence on Saturday, July 15 as more than 65 people gathered at Willow Glen’s Palm Haven Park to celebrate a life cut short—one they all say could have been prevented.

Jessica Christine Mears, 1962–2006

Both family and friends claim Mears, 42, of Sunnyvale is the first casualty in California—the second nationwide—of a nasty mycobacterial infection she contracted after getting a pedicure at a Mountain View salon in November 2004. She died on June 20 at El Camino Hospital.

Born in Huntsville, Texas on Nov. 18, 1962, Jessica called Sunnyvale home and worked as an executive assistant in the Biotech industry—before a pedicure changed the course of her life.

Jana Geller of Los Altos remembers the day her sister returned home from a birthday trip to Disneyland and complained of a painful dime-shaped sore on her leg—one that soon grew to nearly eight inches long and required surgery in February 2005.

“After 20 years living with lupus, we’d never seen anything like it,” she said. “Then I remembered seeing a report on the news about this bacterium. When she said she’d had a pedicure before she left, I told her to get to the doctor right away.”

Tests later confirmed that the infection was caused by the same bacteria responsible for painful, open lesions that appeared on the legs of more than 200 pedicure clients in California since Watsonville became the first known city in the country to report a pedicure-related bacteria outbreak in 1999.

In November 2004, the Almaden Times broke a story that led to nationwide coverage of a Santa Clara County outbreak and Contra Costa County began receiving similar reports in March 2005.

Last April, Kimberly Kay Jackson died of a heart attack triggered by a staph infection in Fort Worth, Texas. Hers was the culmination of months spent battling the lesions on her legs that never healed.

Jackson, 46, is reportedly the first customer to die from an infection contracted at a nail salon, according to the Texas Department of Licensing and Regulation. In May, the first wrongful death suit was filed and the case is still pending.

Jessica Mears might just be the second. But her story is a little more complicated. She also had lupus, a disease that causes the immune system to lose its ability to tell the difference between foreign substances and the body’s own cells and tissue. It also made it impossible for Mears to fight an infection that typically requires large doses of antibiotics and up to a year or longer for healthy victims to overcome.

Born on Nov. 18, 1962, Jessica Mears shared her birthday with Mickey Mouse, and with it, a passion for anything Disney. Her battle with a mycobacterial infection was traced to a pedicure she got at a Mountain View salon before celebrating her 42nd birthday at Disneyland with her mother in 2004.

“Granted, my sister had lupus, but this infection killed her,” stressed Geller. “There’s no doubt in my mind that’s how she died. Maybe she wouldn’t have had a really long life, but she certainly would have had a longer one if it hadn’t been for this. The last year and a half was absolute hell because of her leg.”

“Jessica did not die from lupus,” said Di Anna Mears, Jessica’s sister-in-law. “She lived quite well with it for 20 years. This infection is what killed her. It was so deep and just never healed.”

“She had little ups and downs,” added friend Chris Shellard. “But she was living with the lupus. Once the infection started, it made everything worse until she just shut down. This was totally different. She lost her mobility because of her leg.”

Family prepares to file wrongful death suit
According to attorney Rob Bohn, who represents the Mears family, as well as 49 other victims in Santa Clara County, a wrongful death suit will be filed this week on behalf of Jessica's mother, Diana. This will be the second claim of its kind in the nation and could set legal precedent for future victims who die due to complications from a pedicure-related infection.

"There is no question that Jessica's overall health significantly deteriorated as a result of being infected after receiving a pedicure at the salon," Bohn said. "She never fully recovered. She certainly never considered that a simple pedicure might kill her."

A wake-up call for people at risk
Lupus is a serious disease in itself, according to Mary Kate Franci, with the Lupus Foundation support group that meets at El Camino Hospital. Jessica was the youngest of the 40-50 member group and the first member to die in years. Franci said it should be a wake-up call for everyone with a compromised immune system.

“Lupus is different in everyone,” she said. “Jessica had pulmonary hypertension, which is very serious in itself. The fact that the infection was on top of that didn’t help her any—she just couldn’t fight it off. Since she got sick, I haven’t had a pedicure or a manicure,” she added. “I know I have a compromised immune system and just can’t afford to take that chance, so I don’t have my nails done anymore.”

“She wanted to fight for other people so that they would know to be careful when you have [diseases like] lupus, MS, diabetes,” added Di Anna Mears. “You need to be careful when you go to these places, especially if you have a secondary infection. Notices should be posted. It’s not going to stop their businesses, but it may save lives.”

A plea for Governor Schwarzenegger to act
Nave admits she’s angry and although legislation wouldn’t have saved Jessica, she’s appealing to Governor Schwarzenegger to act before future outbreaks claim additional lives, especially since representatives of other states have admitted to waiting for California to set precedent.

“No one should have to die from a simple pleasure and he (Schwarzenegger) needs to care about the women—young and old of California,” said Jessica’s cousin Geri Nave of Willow Glen. “It’s a shame that he hasn’t cared enough about them before this. Business should never come before human life.”

With infections reported in 12 states including California, Florida, Arizona, Virginia, North Carolina, Texas, Illinois, New York, Colorado, Oregon, Kentucky and Ohio, dermatologist Dr. Shelley Sekula-Gibbs believes that the increasing number of cases nationwide represents a disturbing trend caused by bacteria that grows in dirty footspas.

“We really can’t scare people enough,” said Gibbs. “It’s a very real threat—all across the country.”

A bill introduced last year by Speaker Pro Tem Leland Yee, D-San Francisco, would have set minimum health standards and increased fines for California nail salons. Assembly Bill 1263 passed both the state Assembly and the Senate before Schwarzenegger vetoed it in October 2005.

Instead, he assembled The Working Group on Footspa Safety, which was charged with finding ways to correct some of the consumer health issues associated with pedicures. The group, comprised of Department of Consumer Affairs’ (DCA) Board of Barbering and Cosmetology (BBC), trade schools, salon owners, footspa manufacturers, EPA officials and health experts released its recommendations last month, which included:

- a new set of footspa cleaning requirements

- increasing fines to $500 per footspa chair or cleaning log for a maximum of $5,000 per inspection

- allowing the BBC to put a licensee on probation for up to a year if found in violation of health and safety laws

- requiring remedial training in footspa cleaning for those who violate cleaning requirements.

“The recommendations we’re unveiling today are practical, effective ways to reduce the risk of mycobacterial, staph and other infections from pedicures,” said Director Zettel during the June 27 press conference. “They represent a lot of hard work by DCA and outside stakeholders, all of whom were committed to working together to protect consumers. There probably is no silver bullet that will guarantee an end to the problem, but these recommendations, if followed with care, represent significant progress.”

Jessica Mears’ family and friends said goodbye on July 15 as purple and white balloons were released into the sky at Palm Haven Park in Willow Glen.

Some of the group’s recommendations, including heavier fines have already been implemented while others will be enforced through the regulatory process. The rest will require new legislation—something Nave says is long overdue.

“No one should have to die from a simple pleasure and Schwarzenegger needs to care about the women—young and old of California,” she said. “It’s a shame that he hasn’t cared enough about them before this. Business should never come before human life.”

"God broke the mold when He made Jessica," added Bohn. "She was one of the most courageous, yet fun, people I've ever known. This family is devastated by the loss of Jessica at such an early age (43 years). She was her mother's greatest support and was the glue that bonded her family together."

Memorial contributions may be made to: El Camino Hospital Fund, In Memory of Jessica Mears, at 2500 Grant Rd. Mt. View, Ca. 94040.

Former Almaden Times reporter Kymberli Brady is now the Director of Community Relations and Public Affairs for the San Jose Silicon Valley Chamber of Commerce.