Woman initiates second suit after losing eye

Michelle Massey, East Texas Bureau Dec. 6, 2007, 3:57am

MARSHALL -- Upshur County resident Nancie Drake filed her second product liability suit against Bausch and Lomb for its contact lens solution.

Her first suit was dismissed without prejudice from the multi-district litigation concerning ReNu with MoistureLoc.

The current suit filed on Nov. 29 in the Marshall Division of the Eastern District of Texas, involves Bausch and Lomb's ReNu with Multiplus soft contact lens solution.

Drake asserts the contact solution infected her eye with fungus. She states that due to the infection, she lost sight in her eye and eventually, the eye had to be removed.

The complaint claims the ReNu with Multiplus was either defective in its chemical composition or defective through contaminants introduced during the manufacturing process.

Drake believes her eye infection might have responded to medical treatment if the defendant Bausch and Lomb would have warned of the symptoms, scope, or severity of the possible injury.

The plaintiff states Bausch and Lomb committed acts 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.

The defendant is also accused of strict liability through design, manufacture, and marketing defects and breaching express and implied warranties.

The plaintiff is seeking punitive damages stating the defendant's conduct constitutes gross negligence because it continued to market, sell, and declare the product safe and effective after learning the product was linked to eye infections. According to Drake, the FDA notified the healthcare industry about a recall of the product in November of 2006 but defendant did not respond by removing the product from stores.

Drake is seeking damages for medical expenses, physical pain, mental anguish, lost earning capacity, impairment, disfigurement, pre and post-judgment interest and costs of suit.

Plaintiff is represented by attorneys Austin Anderson, Robert Patterson, and Mikal Watts of the Corpus Christi Watts Law Firm and Longview attorneys John D. Sloan, Jr. and Garret Wilson of the Sloan, Bagley, Hatcher, and Perry Law Firm.

Jury trial is requested. Judge T. John Ward will preside.

Case No.: 2:07cv00520

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