Connecticut Corneal Transplant Patient Files Lawsuit Against Bausch & Lomb For Injuries In New York Court.NEW YORK New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of -- Signaling an expansion of the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. against Bausch & Lomb over its ReNu with MoistureLoc contact lens contact lens, thin plastic lens worn between the eye and eyelid that may be used instead of eyeglasses. Actors, models, and others wear them for appearance, and athletes use them for safety and convenience. solution and following the global recall of the product on May 15, 2006, Lieff Cabraser Heimann & Bernstein, LLP LLP - Lower Layer Protocol , announced that Martin Rivera today filed a personal injury lawsuit for damages suffered against Bausch & Lomb in state court in New York City New York City: see New York, city. New York City City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. . E[acute accent]Rivera, a 26-year-old mortgage loan broker from New Britain, Connecticut New Britain is a city in Hartford County, Connecticut, 9 miles (14 km) southwest of Hartford. According to 2006 Census Bureau estimates, the population of the city is 71,254. , alleges that his use of ReNu with MoistureLoc caused a serious fungal eye infection in his right eye, and that the product was thus defective. Following his use of the product, Mr. Rivera was diagnosed with Fusarium Fusarium a genus of fungi; some species are plant pathogens and some are opportunistic infectious agents of humans and animals. Many also produce trichothecene toxins which cause poisoning of animals if the infected material, usually stored feed, is eaten. keratitis keratitis Inflammation of the cornea (see eye). The conjunctiva may also be inflamed (keratoconjunctivitis). Depending on the cause, including dryness of the eye (from low tear production or inability to close the eye), chemical or physical injury, or certain , a rare and dangerous fungal eye infection. If untreated, the infection often leads to corneal ulcers Corneal Ulcers Definition The cornea, the clear front part of the eye through which light passes, is subject to many infections and to injury from exposure and from foreign objects. and partial or total blindness. E[acute accent]Rivera developed Fusarium keratitis in his right eye in January 2006 after using ReNu with MoistureLoc and suffered significant vision loss. The infection quickly became so serious that Rivera was forced to undergo a painful corneal transplant surgery to his right eye on February 7, 2006, in an attempt to save his remaining sight in that eye. While the surgery was successful, Rivera has been left with permanent vision loss and remains at risk for serious eye injuries in the future. E[acute accent]"Bausch & Lomb has not yet acknowledged its responsibilities to injured consumers," stated Wendy R. Fleishman, an attorney in Lieff Cabraser's Manhattan office, which is representing Mr. Rivera. "Bausch & Lomb must compensate all users of ReNu contact lens solution that developed Fusarium keratitis, including reimbursing patients for the cost of their surgeries and other expenses, and agree to pay for necessary future medical care." E[acute accent]Clusters of Fusarium keratitis cases associated with the use of Bausch & Lomb's ReNu with MoistureLoc product were reported in November 2005 in several parts of Asia, including Singapore and Hong Kong. On April 9, 2006, the U.S. Centers for Disease Control ("CDC See Control Data, century date change and Back Orifice. CDC - Control Data Corporation ") announced it was investigating a multi-state outbreak of over 100 cases of Fusarium keratitis. As of May 12, 2006, CDC had received reports of 122 confirmed cases, 15 possible cases and 60 cases still under investigation. E[acute accent]The lawsuit filed by Mr. Rivera alleges claims of negligence, strict liability, breach of express warranties, breach of implied warranties, misrepresentation misrepresentation In law, any false or misleading expression of fact, usually with the intent to deceive or defraud. It most commonly occurs in insurance and real-estate contracts. False advertising may also constitute misrepresentation. and fraudulent concealment, unjust enrichment, and violations of the New York General Business Law. Rivera seeks compensatory and punitive damages against Bausch & Lomb for the injuries he has suffered. E[acute accent]ReNu with MoistureLoc was used by approximately 2.3 million contact lens wearers in the United States. The CDC advises that contact lens wearers who experience unusual redness, pain, tearing, light sensitivity, blurry vision, discharge or swelling should consult their doctor immediately. E[acute accent]Lieff Cabraser Heimann & Bernstein, LLP, with five offices nationwide, is one of the largest law firms in America dedicated solely to advancing the rights of plaintiffs. The firm has a superior reputation and a track record of successfully representing victims in all types of cases involving death or catastrophic injuries. For the last three years, The National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the United States. E[acute accent]Lieff Cabraser's staff of experienced attorneys and eleven in-house legal nurse consultants and medical analysts assures that each client receives high-level, individualized case review and representation. E[acute accent]Lieff Cabraser is representing contact lens wearers across America who developed serious eye injuries from Bausch & Lomb's products. Injured patients who wish to speak to Lieff Cabraser about their legal rights and remedies without any charge or obligation may contact attorney Kent L. Klaudt toll-free at 1-800-541-7358 or by email at kklaudt@lchb.com or Wendy Fleishman toll free at 888-321-1510 or by email at wfleishman@lchb.com. E[acute accent]To learn more about the Bausch & Lomb recall and litigation against the company, visit http://www.personalinjurylawyeramerica.com/medical/bausch.htm |
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