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As New Evidence Surfaces, Parker Waichman Works to Renew Defense Motion in Renu with MoistureLoc Litigation

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The national law firm of Parker Waichman LLP filed a motion on July 13 with the Supreme Court of the State of New York, New York County, to renew a prior motion made by Bausch & Lomb in the Renu with MoistureLoc Products liability litigation.

In July 2009, the motion by Parker Waichman said, the Court granted Bausch & Lomb’s pre-trial motion to exclude general-causation opinions of the plaintiff’s experts regarding the non-Fusarium corneal infection connected with Renu with MoistureLoc contact lens solution.  The court had found the plaintiffs failed to prove that the opinions of their experts were accepted by the relevant scientific and medical community.

The current motion filed by Parker Waichman LLP says new peer-reviewed studies support the material the court found lacking. The motion says that the Journal Eye & Contact Lens published a study this month that shows a statistically significant loss of antimicrobial capability was seen with all fungi, all gram-positive bacteria, and all isolate of Klebsiella when the disinfectant used in Renu with MoistureLoc was incubated at a specific temperature in high-density polyethylene plastic containers. The researchers in the study concluded that the loss of inhibitory activity was not Fusarium specific and occurs with other bacteria and fungi that cause keratitis.

Parker Waichman LLP contends that this new study conclusively supports the argument that packaging and marketing Renu with MoistureLoc contact lens solution in high-density polyethylene plastic container causes the solution to lose its ability to kill microorganisms and bacteria when subjected to high temperatures. Parker Waichman says that these factors lead to product failure and have resulted in consumer injury.

Bausch & Lomb recalled Renu with MoistureLoc from the world-wide market in 2006 after it was associated with a potentially blinding eye infection called Fusarium keratitis. At the time of the recall, the Centers for Disease Control had identified 164 confirmed cases of the eye infection, with victims significantly more likely to be using Renu with MoistureLoc.

 

breakinglawsuitnews.com disclaimer: This article: As New Evidence Surfaces, Parker Waichman Works to Renew Defense Motion in Renu with MoistureLoc Litigation was posted on Monday, July 16th, 2012 at 8:52 pm at breakinglawsuitnews.com and is filed under Defective Drug Lawsuits.

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