Unfortunately, I had the opportunity to view some of the evidence against AMO in this case. That evidence included graphic depictions of those who have lost their eyes or been forced to undergo eye surgery due to infections developed while using this solution. (shudder) Here’s some news about a class action lawsuit relating to the solution.
Six months after the California Supreme Court lowered standing requirements for consumer class actions, a state trial judge has certified a class of consumers who purchased contact lens solution linked to an infection that can cause blindness.
Orange County, Calif., Superior Court Judge David C. Velasquez ruled on Nov. 12 against Abbott Medical Optics Inc., formerly Advanced Medical Optics Inc.
Plaintiffs attorney Mark Robinson, senior partner at Robinson, Calcagnie & Robinson in Newport Beach, Calif., credited the certification order to the California Supreme Court's May 18 decision in In re Tobacco II Cases. That ruling resolved a legal dispute over Proposition 64, a 2004 ballot initiative designed to curb consumer cases filed under California's unfair competition law by requiring that plaintiffs show actual injury. In that case, in which Robinson represented tobacco smokers, the California Supreme Court said that class actions alleging consumer fraud can go forward even if not all the class members have suffered injuries caused by deceptive advertising.
Before In re Tobacco II, class certification in the Abbott case appeared destined for failure, Robinson said.