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dMML Files Lawsuit Against Bausch & Lomb

Miami Herald story about lawsuit here, and the Associated Press story is here.
See video of Joel Magolnick's appearance on CNBC's "On the Money" (April 20, 2006) here.

      On April 11, 2006, Bausch & Lomb stopped selling its ReNu with MoistureLoc® brand contact lens renu bottle.jpgsolution in the United States.  The company ceased sales of all ReNu® solutions in Singapore and Hong Kong in February.  Some users of this solution in the U.S., Singapore, Hong Kong and Malaysia have been diagnosed with a serious eye infection (fusarium keratitis) caused by the Fusarium fungus.  Without treatment, the infection can scar the cornea and even blind its victims.  At present, the CDC is investigating 109 cases of fusarium keratitis, including several cases in South Florida. 

      Today, the law firm of de la O, Marko, Magolnick & Leyton filed a class action lawsuit against Bausch & Lomb, the makers of ReNu with MoistureLoc®.  The lawsuit was brought by Jacqueline Wartmann on behalf of all individuals suffering from losses caused by the use of ReNu solution.  According to the complaint, “ReNu failed to remove the fungus Fusarium from, and/or caused the Fusarium to remain on, Plaintiff’s contact lens, causing Plaintiff to develop a severe fungal infection in her eye, requiring medical attention.  Plaintiff has also suffered a pecuniary loss in the form of monies expended to purchase ReNu.”  The lawsuit seeks reimbursement for the members of the class for all monies received by Bausch & Lomb from sales of ReNu®, reimbursement for medical attention needed as a result of having used ReNu®, as well as an award for personal injury damages.    A copy of the lawsuit is available here.

      lens.gifJoel S. Magolnick, a partner at de la O, Marko, Magolnick & Leyton, adds, “according to the Center for Disease Control, fusarium keratitis is a severe infection of the cornea.  The vast majority of the fusarium keratitis cases now being investigated by the CDC involve soft contact lens wearers who have used Bausch & Lomb’s ReNu® solution, or generic solutions manufactured by Bausch & Lomb.  There are serious potential risks facing contact lens wearers who contract fusarium keratitis if the condition is not treated properly and timely.  We are hopeful that this lawsuit, in conjunction with other news sources, will help create awareness so that those who are at risk will know what they may be dealing with and that they need to seek medical attention as soon as possible.”

Posted on Monday, April 17, 2006 at 02:08PM by Registered Commenterde la O, Marko, Magolnick & Leyton in | Comments Off

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