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Child's Temp Tattoo Leaves Burns, Scars

Family To Sue Kiosk Company, Opry Mills Mall

POSTED: 9:00 am CDT August 6, 2009
UPDATED: 2:35 pm CDT August 6, 2009

An 11-year-old girl who recently received a temporary tattoo at an Opry Mills mall kiosk was left with painful and permanent scars.

The child's mother said it was meant to be a simple symbol of softball team spirit, but her daughter was left scarred and burned.

The child's team name and number have been embedded on the girl's body.

"Each time a blister would bust, another one would form," said the child's mother, Tammy.

A lawyer is now stepping in to file a lawsuit for the family.

"The thought of what that's going to do from a developmental standpoint, that's disturbing," said attorney Stephen Grauberger.

The family, who wants to stay anonymous, is suing the owner of an Opry Mills henna kiosk for assault and suing the mall for negligence.

"We've got a situation where, in essence, they’re endorsing this product. They're making it available to customers of the mall," said Grauberger.

The attorney believes the girl's injuries point to a type of henna known as black henna. It's a chemical the FDA won't allow for the temporary tattoos because it can cause this type of reaction.

"It is absolutely not approved, and they're very specific about that it's not approved for application on the skin, period," said Grauberger.

The case could take 18 months to work its way through the courts, but the girl could carry the scar for much longer.

For the child's mother, the lawsuit isn't about payback, it's about principle.

"She has a lot of kids that'll ask her, 'Oh, you got a tattoo.' And she has to go and explain, 'No, I don't. This is what happened to me,'" said Tammy. "I don't want any more kids to get hurt."

The lawsuit asks for both compensation and punitive damages, but the total amount of the lawsuit hasn't been finalized.

As for the scars, the family is working with a dermatologist on a few options. Bleaching might the best bet, but it's unclear if that will work.

Channel 4 was unable to reach an Opry Mills representative.

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