Pope McGlamry (“PMKM&N”), a prominent Georgia law firm specializing in civil litigation, successfully settled a personal injury/product liability claim against eye care product giant Bausch & Lomb, arising from a defective product developed, manufactured, marketed and sold by Bausch & Lomb.ReNu with MoistureLoc Multipurpose Solution is a contact lens care solution formulated, manufactured, labeled and packaged by Bausch & Lomb (“B&L”). After using ReNu for 3 weeks, PMKM&N’s client woke with excruciating pain in her right eye and experienced eye swelling, light sensitivity, eye burning and itching, and eye spasms. The client was ultimately diagnosed with Fusarium Keratitis (fungal infection of the cornea). Her right eye developed a corneal ulcer and scar, which has negatively affected her vision and causes light sensitivity and itching.
PMKM&N filed a personal injury/product liability lawsuit against B&L in Federal Court in Atlanta, Georgia. The suit stated the product was unreasonably dangerous, unsafe and defective, and resulted from a design defect and/or manufacturing defect. The lawsuit further alleged that B&L was negligent in the design and manufacture of the product and in warning the public about the product (failing to timely issue the recall). The suit also claimed the product was subject to an implied warranty (of fitness and purpose), but it was not merchantable or fit for the intended purpose.
Due to her eye injury, PMKM&N’s client could not perform her job duties and responsibilities as an x-ray technician causing lost wages and reduced earning capacity, nor could she perform the daily tasks of a mother, which caused her to suffer stress, mental pain and anguish. PMKM&N therefore sought significant compensatory damages and punitive damages, as PMKM&N claimed B&L’s conduct was wanton and intentional.
PMKM&N’s lawsuit was transferred to and joined with hundreds of similar cases in a Multidistrict Litigation (MDL), in Federal Court in South Carolina. PMKM&N remained responsible for its client and all negotiations on behalf of its client. After PMKM&N presented extensive, detailed material supporting its client’s claim, and undertaking extensive negotiations with attorneys for B&L, PMKM&N was able to achieve a favorable, confidential, settlement of the lawsuit.
About Pope McGlamry
Pope McGlamry, a Georgia law firm with offices in Atlanta and Columbus, GA, is a recognized leader in the field of civil litigation. The firm specializes in wrongful death and catastrophic injury cases, particularly those involved with or motor carrier liability or products liability. The firm is also a recognized leader in business litigation and class actions suits, especially those related to consumer issues. The firm has offices in Atlanta and Columbus, Georgia, and maintains a regional and national practice. For additional information, visit www.pmkm.com.