Parker Waichman LLP Seeks to Renew Prior Defense Motion in Renu with MoistureLoc Litigation In Light of New Evidence
According to a New Stud, the Loss of Antimicrobial Properties that Occurs When Renu with MoistureLoc Solution is Heated in Plastic Containers is not Specific to Fusarium and Occurs with Other Fungi and Bacteria that Cause KeratitisJul 13, 2012 | Parker Waichman LLP
Parker Waichman LLP, a national law firm dedicated to protecting the legal rights of victims injured by defective drugs and medical devices, has filed a motion with the Supreme Court of the State of New York, New York County, to renew a prior motion made by Bausch & Lomb in the Renu with MoiststureLoc Products Liability Litigation to exclude general-causation opinions of Plaintiffs' experts regarding non-Fusarium corneal infections associated with Renu with Moisture Loc contact lens solution. According to the motion, which was filed on July 13, 2012, new evidence indicates that the loss of antimicrobial properties associated with Renu with MoistureLoc Contact Lens Solution is not specific to Fusarium fungus. (Index No. 766,000/07)
Bausch & Lomb issued a worldwide recall of Renu with MoistureLoc contact lens solution in 2006, after it was implicated in an outbreak of Fusarium keratitis, a potentially blinding fungal eye infection. As of June 30, 2006, researchers with the U.S. Centers for Disease Control (CDC) had identified 164 confirmed case patients in 33 states and 1 U.S. territory. According to the CDC researchers, victims of the outbreak were significantly more likely than controls to report using Renu with MoistureLoc contact lens solution.
In the wake of the outbreak, hundreds of product liability lawsuits were filed against Bausch & Lomb alleging use of the recalled contact lens solution caused users to suffer serious, potentially blinding Fusarium keratitis infections, as well as non-Fusarium corneal infections. In July 2009, the Court granted Bausch & Lomb's pre-trial motion to exclude general-causation opinions of Plaintiffs' experts regarding non-Fusarium corneal infections associated with Renu with MoistureLoc contact lens solution. In doing so, the Court found that Plaintiffs had failed to meet their burden of showing that their experts’ opinions were generally accepted by the relevent scientific and medical community. The Court held that the Plaintiffs had failed to submit any controlled studies, clinical data, medical literature, peer review, or supporting proof of their theory. According to the motion filed today by Parker Waichman LLP, that is no longer true, as new peer-reviewed studies supply the supportive material the Court previously found was lacking to support Plaintiffs' experts.
According to the motion filed by Parker Waichman LLP, a study published this month in the Journal Eye & Contact Lens reported that a statistically significant loss of antimicrobial capability was seen with all fungi, all gram-positive bacteria, and all isolates of Klebsiella when an Alexidine solution, the disinfectant used in the recalled Renu with MoistureLoc, was incubated at 56°C in high-density polyethylene plastic containers. The study authors concluded that the loss of inhibitory activity was not specific to Fusarium and occurs with other fungi and bacteria that cause keratitis.
It is the contention of Parker Waichman LLP that the new study conclusively supports the view that Renu with MoistureLoc as packaged and marketed in high-density polyethylene plastic container loses its ability to kill bacteria and other microorganisms when subject to high temperatures, and that these factors lead to the failure of the product, and resulted in injuries to consumers.
Parker Waichman LLP offers free lawsuit consultations to victims of defective drugs and medical devices, including Bausch & Lomb's recalled Renu with MoistureLoc contact lens solution. If you or a loved one experienced a serious eye infection that could be associated with the use of Renu with MoistureLoc, or a similar contact lens solution, please visit the firm's Renu with MoistureLoc injury page at yourlawyer.com.
Free case evaluations are also available by calling 1-800-YOURLAWYER (1-800-968-7529).
For more information regarding Renu with MoistureLoc lawsuits and Parker Waichman LLP, please visit: yourlawyer.com or call 1-800-YOURLAWYER (1-800-968-7529).
Parker Waichman LLP
Gary Falkowitz, Managing Attorney