In Light of New Research, Parker Waichman LLP Seeks to Renew Motion in Litigation Over Bausch & Lomb’s Recalled Contact Solution

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In Light of New Research, Parker Waichman LLP Seeks to Renew Motion in Litigation Over Bausch & Lomb’s Recalled Contact SolutionOverview: A new study linking the recalled Renu with MoistureLoc contact lens solution to keratitis has given Parker Waichman LLP, a national law firm, reason to seek renewal of a previous motion in the litigation against Bausch & Lomb. Previously, the court had granted the Defendants’ pre-trial motion excluding general-causation opinions from Plaintiffs’ experts on the basis that there was not enough evidence showing that the medical community supported their claim. According to Parker Waichman, the latest study, published in the Eye & Contact Lens journal, negates this assertion.

 

 

  • Parker Waichman is seeking to renew a defense motion granted in July 2009; the motion excludes general-causation opinions from Plantiffs’ experts regarding non-Fusarium corneal infections associated with Renu with MoistureLoc solution
  • A study published in the Eye & Contact Lens journal suggests that Renu with MoistureLoc may not properly disinfect lenses when packaged in HDPE plastic stored at high temperatures
  • In 2006, Bausch & Lomb issued a worldwide recall of the solution when it was linked to an outbreak of Fusarium keratitis

Product: ReNu with MoistureLoc contact lens solution

Manufacturer: Bausch & Lomb

Side Effects & Complications

  • Fungal keratitis
  • Fusarium keratitis
  • Acanthamoeba keratitis
  • Corneal disease
  • Vision loss
  • Blindness

Renu Recall

Bausch & Lomb recalled Renu with MoistureLoc contact lens solution in 2006 when the product was implicated in an outbreak of Fusarium keratitis. Keratitis is a type of corneal inflammation that can be caused by fungi (such as fusarium), bacteria, viruses or injury to the eye. In severe or untreated cases, the condition can lead to blindness. According to data from the U.S. Centers for Disease Control (CDC), there were at least 164 cases of keratitis among 33 states and one US territory. CDC researchers concluded that there was an association between the corneal infection and Renu with MoistureLoc, and advised against its use.

Previous Motion Excluded Certain Expert Opinions

According to a press release by Parker Waichman, the court granted a pre-trial motion to the Defendants, Bausch & Lomb, in July 2009. The motion prevented Plaintiffs’ experts from making general-causation statements about corneal infections not related to Fusarium. Apparently, the court felt that there was not enough evidence showing that the medical community accepted their view. Lack of controlled studies, clinical data, medical literature, peer review, and supporting proof were cited as the reasoning behind the motion. But in light of a newly published study, this premise may no longer be applicable.

New Study Could Renew Motion

The study was published this month in the Eye & Contact Lens journal. Researchers found that a solution of alexidine, the disinfectant used in Renu with MoistureLoc, loses its efficacy when it is heated to 56⁰C and stored in high-density polyethylene (HDPE) plastic containers. Perhaps more importantly, the study found that the loss of antimicrobial activity is not specific to fusarium, but applies to other bacteria and fungi that cause keratitis.