It has been predicted by analysts that Bausch & Lomb could end up paying more than $1 billion in settlements for product liability suits related to their Renu MoistureLoc contact lens solution.
More than 400 suits have been filed against the company across the U.S. stemming from the recall of the product in 2006 after an outbreak of corneal infections that prompted a press release from the FDA to warn contact lens wearers and health professionals of “rare but serious fungal infections in the eye” resulting from fusarium keratitis.
Through an investigation of 30 of the cases of infection, the Centers for Disease Control discovered that 26 of the patients had used ReNu MoistureLoc.
The defendants in the case of Josephine and Scott Zapalik, one couple who filed a product liability suit against the company, decided to remove the case from the Circuit Court of Cook County, Illinois to the U.S. District Court of Northern Illinois on January 14.
The couple originally filed the suit on December 7, 2007 alleging that both of them had developed fusarium keratitis from using the ReNu solution in December of 2005 and January of 2006. They alleged negligence, breach of implied warranty, and strict liability against the company and seek at least $30,000 in damages for each count.