2nd Circuit Bounces Contact Lens Product Legal responsibility Declare In opposition to Bausch & Lomb Again to District Court docket

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2nd Circuit Bounces Contact Lens Product Liability Claim Against Bausch & Lomb Back to District Court

Relying on a recent Connecticut Supreme Court interpretation of the Connecticut Product Liability Act, the U.S. Court of Appeals for the Second Circuit vacated the dismissal of a product liability complaint over Bausch & Lomb’s Trulign lenses, finding the claim is not preempted by the federal Food, Drug, and Cosmetic Act.

After having a Trulign Toric intraocular lens implanted in each eye, complainant Marjorie Glover experienced significant vision loss and was diagnosed with Z syndrome, a postoperative complication in which part of the lens moves forward toward the surface of the eye and another part stays in place or moves backward, creating a Z-shaped astigmatism, according to court documents.

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