On May 6 Kathy Kennedy, a Texas woman filed a product liability suit against the Baush and Lomb inc. in the Marshall division of the eastern District of Texas.
According to Kathy, the contact lens solution , ReNu with Multiplus, has put her at risk of losing her eye. And so Kennedy is seeking damages for medical expenses, physical pain, mental anguishes, lost of earning capacity, impairment, disfigurement, pre and post judgment interest and costs of suit.
The lawsuit filed by her, says that the solution she used was infected by fungus, which cause her to suffer extreme pain and anguishes. Due to the use of the solution she has been hospitalized and faces upcoming surgeries to possibly remove her eye.
The complaint claims that ReNu with Multiplus was either defective in its chemical composition or it becomes defective through contaminants introduced during the manufacturing process. Thus accusing the company, of act of negligence through-
*failing to remove the product from the market,
*Continuing the marketing and selling of ReNu with Multiplus
*failure to warn of all possible side effects and misrepresenting, and
*concealing the possible risks or dangers of use.
Further the complaint claims that FDA notified the health care industry to recall the product in November 2006, but they did not remove the product from stores.
And so she has accused the defendant of strict liability through design, manufacture and marketing defects and breach of express and implied warranties.
Source: The Southern Texas Record
Filed under Product Liability Lawsuit | Tags: Baush and Lomb inc, Damages, eastern District of Texas, Eye, FDA, Liability, Lost, negligence, Product liability, Product Liability Lawsuit, ReNu with Multiplus | Comment Below