Parker Waichman LLP

Federal inspectors criticize Bausch & Lomb

  Bausch & Lomb Contact Lens Solution Are Being Recalled. The Bausch & Lomb contact lens solution being recalled worldwide and linked to an outbreak of serious eye infections was put on the market without being fully tested for effectiveness in killing bacteria and fungus, according to an inspection report by the U.S. Food and Drug […]

Bausch & Lomb

 

Bausch & Lomb Contact Lens Solution Are Being Recalled. The Bausch & Lomb contact lens solution being recalled worldwide and linked to an outbreak of serious eye infections was put on the market without being fully tested for effectiveness in killing bacteria and fungus, according to an inspection report by the U.S. Food and Drug Administration.

ReNu with MoistureLoc, used by 2.3 million Americans, never went through a full FDA approval process, the report indicates, and the company’s new-product design team failed to complete a wide range of tests both before and after it was sold to consumers.

After its introduction, as complaints came in that the product could be linked to a spike in cases of rare fungal infections, the company failed to quickly notify the FDA, as required by law, according to the report released Tuesday of inspectors’ observations at Bausch & Lomb’s lens solution plant in Greenville, S.C.

FDA and Bausch & Lomb officials said they don’t think any of the eight pages of problems cited in the report contributed to the worldwide outbreak of fusarium keratitis, a potentially blinding eye infection caused by a common fungus.

But a consumer advocacy group found the report troubling.

“It looks like at almost every step of the way the company was sloppy, careless, and the safeguards that were supposed to be in place were ignored,” said Diana Zuckerman, president of the National Research Center for Women & Families, which specializes in medical product safety issues.

Bausch & Lomb Pull Off The Lens Solution Worldwide

The company on Monday announced it is permanently pulling ReNu with MoistureLoc from the market worldwide because it appears the formula allows the fungus to grow when consumers aren’t careful in their care and storage of lenses.

Steven Niedelman, the FDA’s deputy associate commissioner for regulatory affairs, cautioned that the report is preliminary and based on the inspectors’ observations inside the plant. Now higher-ranking FDA officials will examine the report to determine whether documents back up those observations.

“We’re going to be very carefully assessing this report,” Niedelman said. “If action needs to be taken, we’ll take those actions that are appropriate.”

Bausch & Lomb officials would not answer specific questions about the FDA report. In a written statement, the company said it communicated promptly with the agency about fusarium infections and that it is taking appropriate corrective actions for other issues cited at the plant.

The South Carolina plant is the sole maker of all Bausch & Lomb contact solutions sold in North America and most of Asia.

Prior to this inspection, which occurred between March 22 and May 15, the FDA hadn’t inspected the plant in three years. Indeed, the agency allowed the company to go into production with the new MoistureLoc product in 2004 without any inspection to validate the manufacturing practices, according to the new report and interviews with FDA officials.

Contacts and their solutions are considered medical devices and are regulated by the FDA.

Tim Ulatoski, the FDA’s compliance director in its center for devices, said Monday the agency will be looking into why there wasn’t an inspection at the time of the new product launch

“We’re taking a look at the history there and actually how the process rolled out,” he said. “I can’t give you a firm statement or conclusion” about whether the FDA should have done an inspection prior to the MoistureLoc product launch.

By statute, the FDA is supposed to inspect all plants at least once every two years, but it rarely does. While a new product launch might trigger an inspection, it doesn’t always, agency officials said.

The plant was cited for “significant” lapses in manufacturing processes in May and June 2002, including concerns about the appropriate amounts of preservative/disinfectant in eye care products and flaking ceiling paint chips in product-filling rooms, according to the document.

After a March 2003 reinspection found the problems were fixed, the FDA didn’t visit the plant again until it began investigating the fusarium outbreak this March.

Need Legal Help Regarding Bausch & Lomb?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
WOW were to start at, a friend told me about this law firm call PARKER WALCHMAN LLP at PORT Washington New York. And I started to talk with MICHELE JOSAMA and a Lawsuit and they told me they would have to look into it so I waited ,but have to say they were very Professional and very understanding about everything I was talking about and have to say, WOW they WON MY CASE and doing a very Excellent and a very Profession job, and MICHELE JOSAMA always let me know when there were changes in the court or if I needed to sign anything she would send someone to my home so that I could do so ,so my case would go forward in the courts she was always professional with me. There is not one thing that I could say bad about there Professionalism and the quality of there work I was very happy that I got PARKER WAICHMAN LLP to represent me in court for my case of my loved one! P.S. I do RECOMMEND THEM HIGLY and I would Definitely use them again if I had too! And so ahould you if you are LQQKING for a GOD LAW FIRM and that is ( THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP ME GOD! ) R. R.
Reinaldo Rodriguez
3 years ago
5 Star Reviews 150
Thank you parker waichman for settling my case big thanks to bret anick who put all efforts andhard work to get to this point Thanks again guys
Timothy Torres
6 years ago
5 Star Reviews 150
I am a 9/11 survivor and it was my good fortune to work with paralegal Benita Rollis. She thoroughly explained the process and helped me to complete all the paperwork. I distinctly remember the day she called to check on me and to encourage me to schedule a medical appointment with WTC health program. I was reluctant to proceed but Benita gave me a much needed pep talk. Thank you Benita! All of Benita’s hard work has made the difference and this has been concluded very favorably.
FredHart
2 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038