Bausch & Lomb Faces Suit From San Diego Woman

By Bruce V. Bigelow, The San Diego Union-Tribune

May 25–A San Diego woman under treatment for an eye infection has sued Bausch & Lomb in federal court here, alleging she was blinded in one eye after using a contact lens cleaning solution recently recalled by the company.

The defective product lawsuit was among the first to be filed in California against the Rochester, N.Y., eye-care products maker over its “ReNu with MoistureLoc” solution for soft contact lenses.

Bausch & Lomb said on May 15 that it was withdrawing the cleaner after tests showed its misuse could leave consumers at risk for a potentially blinding fungal eye infection. The company urged its customers to switch to two other products, ReNu MultiPlus or ReNu Multi-Purpose.

The suit, filed on behalf of Lisa Fallin, 45, seeks reimbursement for her medical bills, loss of earnings and punitive damages, among other things.

Bausch & Lomb officials could not be reached for comment after regular office hours yesterday at the company’s New York headquarters.

Bausch & Lomb has said that some common lens care practices — like topping off solution in the lens storage case instead of replacing it — might have shielded the Fusarium fungus from the sterilizing agent in MoistureLoc.

The company also said on May 15 that thousands of tests found no evidence of product contamination, tampering or counterfeiting — or of the failure of the sterilizing agent.

“That leads us to conclude that some aspect of the MoistureLoc formula may be increasing the relative risk of Fusarium infection in unusual circumstances,” said Ronald L. Zarrella, Bausch & Lomb’s chairman and chief executive.

“We are continuing to investigate this link, but in the meantime, we’re taking the most responsible action in the interests of our customers by discontinuing the MoistureLoc formula,” Zarrella said.

Fallin, a San Diego bartender, began experiencing serious eye pain in her right eye on March 30. Her symptoms included eye redness, hypersensitivity and decreasing vision, according to the lawsuit.

In seeking medical treatment, Fallin learned that she suffered significant damage to her cornea, the lawsuit alleges. The cornea is the clear, strong surface layer of the eye covering the iris and pupil.

The damage was so severe that Fallin is unable to see with her right eye, the lawsuit alleges.

Fallin’s lawyers contend that Bausch & Lomb was aware of the potential health dangers associated with ReNu with MoistureLoc but continued to promote the product and sell it worldwide.

“This is a case where Bausch & Lomb put their profit motive ahead of their customers’ safety,” said one of Fallin’s lawyers, Niall P. McCarthy of Burlingame.

Bausch & Lomb suspended sales of MoistureLoc in Hong Kong and Singapore in February, months after health authorities in both places had identified a cluster of fungal corneal infections.

Singapore later reported a strong association in its cases with MoistureLoc shipped from Bausch & Lomb’s factory in Greenville, S.C.

Bausch & Lomb did not publicly disclose its sales were suspended in Asia or halt shipments of MoistureLoc from its Greenville plant to U.S. retailers until April 13, according to the lawsuit.

In early March, U.S. doctors began reporting an increase in rare fungal eye infections to federal health officials.

As of May 18, the federal Centers for Disease Control had counted 130 confirmed U.S. cases of a rare fungal infection called Fusarium keratitis since June 1, 2005. None of the cases was associated with a prior eye injury.

Of the 130 confirmed cases, the CDC said 125 wore contact lenses. Of the contact lens users, 64 percent reported using only Bausch & Lomb’s ReNu with MoistureLoc; 12 percent used the solution in combination with another product; 7 percent said they used an unspecified Bausch & Lomb product, and 18 percent reported using a product other than Bausch & Lomb’s.

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