AMO Recall Update: Contact Lens Solution Users Across America Continue To Suffer Eye Infections Requiring Corneal Transplant Surgery -- Plaintiffs' Counsel Charges Recalled AMO Solution Continues To Be
Sold And Risks Causing Blindness To Consumers
LOS ANGELES (Business Wire EON) November 15, 2007 --
Demonstrating the ongoing national tragedy of the defective contact lens
solution manufactured by Santa Ana, California-based Advanced Medical
Optics, Inc. (“AMO”),
Lieff Cabraser Heimann & Bernstein, LLP, announced that ten contact lens
solution users from across America today filed a personal injury lawsuit
against AMO in state court in Los Angeles. In May 2007, AMO withdrew its
Complete MoisturePlus Multi Purpose contact lens solution from the
market. “Almost six months have passed since AMO
purportedly withdrew its defective contact lens solution from the
market, yet it is still being used by consumers,”
stated Wendy R. Fleishman, a partner at Lieff Cabraser. “AMO
has failed to adequately notify consumers and retailers of the recall.
We hope today’s lawsuit will lead AMO to make
its recall notice loud and clear, so that the product is completely off
the market and no future injuries occur.” Each plaintiff alleges he or she suffered vision loss due to
Acanthamoeba keratitis, an extremely painful infection of the cornea
that can result in blindness, from using AMO's Complete MoisturePlus
Multi Purpose contact lens solution. The plaintiffs are residents of Los
Angeles and Mission Viejo, California; Cheshire, Connecticut; Asheville
and Greensboro, North Carolina; Derry, New Hampshire; and Azle, Houston
and Lubbock, Texas. “AMO has not yet acknowledged its
responsibilities to injured consumers,”
stated Wendy R. Fleishman, a partner at Lieff Cabraser. “AMO
must compensate all users of its contact lens solution who developed
serious eye infections, including reimbursing patients for the cost of
their surgeries and other expenses, and agree to pay for necessary
future medical care.” One Plaintiff's Experience Plaintiff Robert McDonald, 72, of Asheville, North Carolina used AMO's
Complete MoisturePlus Multi Purpose contact lens solution. In July 2006,
McDonald began to suffer symptoms of pain, light sensitivity, tearing,
and vision impairment in his left eye. He sought medical attention, and
in August 2006, he was diagnosed with Acanthamoeba keratitis. At the instruction of his doctor, McDonald was required to put
prescription drops in his eye. “For more than
a year the pain was so extreme that all I could do was sit in a room
with all the shades pulled with a towel over my head, only removing it
to apply the hourly drops required to try to stop the infection,”
McDonald stated. “I would spend the majority
of my days in terrible never ending pain usually in a dark house with a
towel over my head to block out the light my wife needed occasionally to
get her work done. I only left the house to go to the doctors.” In July 2007, with unbearable pain, McDonald’s
doctor ordered an emergency corneal transplant. “I
have suffered injuries of many kinds but the pain I have endured as a
result of the acanthamoeba infection is beyond comprehension. I didn’t
know that people could be in such pain,”
McDonald said. This ordeal took a terrible toll on McDonald’s
health. “Staying in a dark room for 1 ½
years has taken my strength away. I have lost a lot of strength and it
has affected my balance,” commented McDonald. “I
have lost not only my good vision and my health, but almost a year and a
half of my life, and it doesn’t show any sign
of letting up.” McDonald’s vision has not recovered, and he
likely will require at least one additional surgery to regain some of
his sight. Background on the AMO Recall And AMO
Lawsuits On May 25, 2007, the Food and Drug Administration alerted health care
professionals and their patients who wear soft contact lenses about a
voluntary recall of AMO's Complete MoisturePlus Multi Purpose, due to
reports of a link between a rare, but serious eye infection,
Acanthamoeba keratitis, caused by a parasite and use of AMO's contact
lens solution. AMO aggressively promoted Complete MoisturePlus Multi Purpose to
healthcare professionals as well as to consumers with representations
that it was a “highly effective cleaning agent”
and that it “is effective against the
introduction of common ocular microorganisms.” Manufacturers of medical products have a duty to produce products that
are safe for their intended use. AMO specifically had a duty to exercise
reasonable care in the formulation and production of its contact lens
solution. In the AMO lawsuit, plaintiffs charge that AMO's contact lens solution
was not effective in disinfecting contact lenses, and vastly inferior to
other multipurpose solutions available on the market. The Complaint
alleges that AMO's own data demonstrated the product's lack of
effectiveness in preventing the growth of protozoa microorganisms,
including "acanthamoeba." The protozoa acanthamoeba are directly
associated with a disproportionate risk and increased incidence of
Acanthamoeba keratitis in users of contact lens solution products. The Complaint brings claims of negligence, strict liability, breach of
warranty, fraud, unjust enrichment, and violations of California
statutory law. Plaintiffs seek compensatory and punitive damages against
AMO for the injuries they suffered. Reporters who wish to receive a copy of the Complaint may contact
Brandan De Coteau of Lieff Cabraser at bdecoteau@lchb.com. Legal Resources For Injured Contact Lens
Solution Users Injured patients who wish to speak to Lieff Cabraser about their legal
rights and remedies without any charge or obligation may contact
attorney Kent L. Klaudt in San Francisco toll-free at 1-800-541-7358 or
by email at kklaudt@lchb.com or
Wendy Fleishman in New York City toll free at 888-321-1510 or by email
at wfleishman@lchb.com. To learn more about the AMO contact lens solution recall and litigation
against the company, visit http://www.personalinjurylawyeramerica.com/
medical/amo-contact-lens-solution-recall.htm (Due to its length,
this URL may need to be copied/pasted into your Internet browser's
address field. Remove the extra space if one exists.) About Lieff Cabraser Lieff Cabraser Heimann & Bernstein, LLP, is a fifty-plus attorney law
firm that has represented plaintiffs nationwide since 1972. We have
offices in San Francisco, New York and Nashville. Lieff Cabraser represents injured AMO contact lens solution plaintiffs
across America in individual personal injury lawsuits. For the last five
years, The National Law Journal has selected Lieff Cabraser as
one of the top plaintiffs' law firms in the nation. We are one of only
two law firms in America to have received this honor for the past five
years.
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