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The popular “doctor of the stars” Dr. Vicky Belo of the Belo Medical Group Inc. (BMGI) on Tuesday asked the authorities to dismiss the criminal complaint filed by US-based nurse Leila Palaganas for its lack of “medical, factual and legal basis.”

Belo filed the counteraffidavit at the Office of the Prosecutor in Makati City against Palaganas, who had sued her for “reckless imprudence resulting in serious physical injuries,” allegedly due to facial deformation resulting from the thermage procedure done by a physician in the Belo clinic.

Thermage, Web information says, tightens the skin without surgery. It uses radio-frequency technology to gently heat the skin’s lower layers, resulting in skin tightening and contouring.

Palaganas filed the court case on February 20 against Belo and Dr. Jennifer Sison, also of BMGI, after she allegedly suffered debilitating, emotional stress caused by the permanent deformation on her face as a result of the procedure done by Sison on July 8, 2008. She allegedly developed blisters on her right cheek.

She was later treated with Burrow’s Compress and Laser Cream. However, despite the treatment allegedly made by Sison, scars developed on her cheek, which prompted her to file the lawsuit against Belo and Sison, Palaganas said.

Belo’s lawyer, Adel Tamano, who is also the United Opposition spokesman, told the BusinessMirror “essentially the complaint [of Palaganas] is [just] business [related] because the complainant did not finish her thermage treatment.”

Tamayo added Belo has no intervention or participation in the particular treatment “so we are wondering why she [Belo] was included in the case.”

In her six-page counteraffidavit, Belo categorically denied the charges and said any accusation of reckless imprudence on her part is “devoid of merit in law and in fact” where the complaint has no medical basis. She called attention to the fact that it was not even backed by any supporting medical document that would indicate the commission of a crime of reckless imprudence resulting in serious physical injuries.

“Our record speaks for [us]. We have 2,400 cases to date…this is the first time that we encountered such case,” Belo told a press conference.

Belo also pointed out that there was no allegation of conspiracy in the complaint filed by Palaganas, saying she was not personally involved in and was not present when the thermage procedure was performed on Palaganas.

“I was not even near the venue where the treatment was done,” Belo added.

The BMGI legal team said that on September 15, 2008, the legal counsel of Palaganas contacted Sison, reiterating the concerns and formal demands made by his client.

BMGI had then asked Palaganas to produce recent pictures showing her face and providing visual details of her complaints. BMGI offered to fly her back to the country for free, and with free accommodation, and to conduct a full evaluation.

However, Palaganas refused the offer and failed to provide recent pictures or any form of visual aid to validate her complaints.

Belo claimed that the complaint falls short of satisfying the legal requirements of both Article 365 on imprudence and negligence and Article 263 on serious physical injuries as stated in the Revised Penal Code.

Contrary to the nurse’s claim, Sison is a certified thermage practitioner as evidenced by the certification that Sison attached to her own counter-affidavit, added Belo.

Thermage treatment, she said, is not an invasive procedure that calls for cutting or incising on the skin, but one that merely uses warmth.

The purported serious injuries “could be, medically speaking, temporary, even as in truth and in fact the same are temporary reactions of tissues after a similar treatment or procedure,” Belo’s affidavit said.

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