MARSHALL -- Kathy Kennedy believes her contact lens solution, ReNu with Multiplus, has put her at risk of losing her eye. She argues that when she bought the solution, it was "defective and unreasonably dangerous" due to contamination.
Kennedy filed a product liability suit against the solution's manufacturer, Bausch and Lomb Inc., on May 6 in the Marshall Division of the Eastern District of Texas.
Within the lawsuit, Kennedy asserts the contact solution infected her eye with fungus causing her to suffer extreme pain and anguish. She states that due to her use of the solution, she has been hospitalized and faces additional upcoming surgeries to possibly remove her eye.
The complaint claims the ReNu with Multiplus was either defective in its chemical composition or defective through contaminants introduced during the manufacturing process.
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 breach of 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 even after learning the product was linked to eye infections.
According to the complaint, the FDA notified the healthcare industry about a recall of the product in November of 2006 but did not remove the product from stores.
Kennedy is seeking damages for medical expenses, physical pain, mental anguish, lost earning capacity, impairment, disfigurement, pre and post-judgment interest and costs of suit.
Attorneys Austin Anderson and Robert Patterson of the Corpus Christi Watts Law Firm represent the plaintiff.
Jury trial is requested. U.S. District Judge T. John Ward will preside.
Case No.: 2:08cv00062