Cryotherapy standards, death at business being investigated

The case of a Las Vegas woman who died last week while using a cryotherapy machine is coming under more scrutiny.

Nevada officials are reviewing safety standards and practices at businesses using cryotherapy equipment, and Las Vegas police homicide detectives are reviewing the initial investigation of the death of Chelsea Patricia Ake-Salvacion.

The 24-year-old woman's body was found Oct. 20 at Rejuvenice, 8846 S. Eastern Ave., near Pebble Road.

And two law firms have been retained by the woman's mother, Patty Ake-Takaba, to deal with the media and investigate whether the woman's death was the result of a product defect involving the Juka Cryosauna where her body was found.

Workers from the Division of Industrial Relations, part of the state Department of Business and Industry, are addressing ongoing concerns uncovered by investigators and continued public interest, Teri Williams, spokeswoman for the department said Wednesday.

"Questions about public and workplace safety within this relatively new industry have lingered," Division of Industrial Relations Administrator Steve George said. "The information obtained during this inquiry will aid Nevada OSHA in the future to ensure that Nevada businesses are utilizing best practices and industry-specific safety standards."

'Simple case of product liability'

Ake-Salvacion was found at Rejuvenice the morning after she had closed the center. OSHA responded to the business after being notified by Las Vegas police, and during the course of the investigation, officials learned that the employee had entered the premises after business hours and entered the cryotherapy chamber for personal use, Williams said.

Nevada OSHA officials are no longer investigating because Ake-Salvacion didn't die during business hours, the administration said.

Las Vegas police said Wednesday that homicide detectives will take their first look at the evidence gathered during the initial response when patrol officers reported Ake-Salvacion's death appeared to be accidental.

The Richard Harris law firm in Las Vegas and Bradley, Drendel and Jeanney law firm in Reno also will investigate exactly what went wrong.

"It may boil down to a simple case of product liability," Harris said. "We need to examine the machine itself.

"We know she was found topless in the fetal position at the bottom of the chamber."

Harris said he plans to have the machine examined to see whether some kind of mechanical failure caused Ake-Salvacion's death. The woman's death also might bring regulation to the cryotherapy industry in Nevada, which Harris called "untested, unmonitored and unregulated."

"We regulate cosmetologists. We regulate massage therapists. We regulate barber shops," he said. "Maybe through this tragedy, there will be some kind of regulation."

Harris said Ake-Salvacion sent text messages expressing concern about leakage and the overdelivery of liquid nitrogen by the machines at Rejuvenice. The Cryosauna engulfs users with air cooled by liquid nitrogen for up to three minutes.

Harris admitted Ake-Salvacion was alone at the center when she died, and that using a Cryosauna without supervision was against Rejuvenice policy. However, many other employees reportedly have used the machines by themselves, he said.

Ake-Salvacion had no history of mental illnesses or anyone who would have wanted to harm her, Harris said.

"By all accounts she was happy. She was a health nut. She worked out," he said. "She loved this place and wanted to take it to the next level and had everything to live for."

Questions on health benefits

A separate investigation by Division of Industrial Relations officials discovered Rejuvenice operators had not purchased workers' compensation insurance for its employees. As a result, officials issued a stop work order Tuesday for the company's three Clark County locations. The other Rejuvenice locations are at 8751 W Charleston Blvd. and 5588 S. Rainbow Blvd.

The stop work order can be lifted if and when the business provides proof of a valid workers' compensation insurance policy.

In addition to a stop work order, employers that do not obtain the required workers compensation insurance coverage are subject to administrative fines of up to $15,000 and premium penalties for missed premium payments. The employer can also be held financially responsible for all costs arising from a work-related injury and also could face criminal penalties.

At least two other Southern Nevada businesses, Sub Zero Recovery Las Vegas and Trufusion, offer cryotherapy. Both continued to provide services on Wednesday.

Cryotherapy machines expose the body to temperatures below 140 degrees. The process is used by some athletes as an alternative to ice baths to decrease recovery time and boost performance. Cryotherapy has not been tested or approved by the U.S. Food and Drug Administration or any other agencies for the treatment of illness or disease, and people are cautioned to use at their own risk.

The FDA has approved cryotherapy applications for treatment of prostate cancer, but they do not involve using a chamber. Prostate tissue can be frozen, causing cancer cells to die in a minimally invasive procedure as an alternative to surgical removal of the prostate gland.

In cryotherapy applications that are FDA approved, the safety, effectiveness and side effects are thoroughly examined and tested, said Dr. James Sanchez, the practice president at Comprehensive Cancer Centers of Nevada.

"These clinical trials are designed, they go through a review board, and they have conditions and criteria," Sanchez said. "Safety is the utmost consideration of that process."

The research data show that cryotherapy in prostate cancer treatment is safe and reliable, Sanchez said, but no such claims can be made about processes not similarly tested in clinical trials.

Reporter Colton Lochhead contributed. Contact Steven Moore at smoore@reviewjournal.com or 702-380-4563. Follow him on Twitter at @steve_smoore_rj