News
Major Injury Case Against Bausch & Lomb Returns to State Court
On January 14, 2007 federal Judge David Faber returned the case of a WW client who became blind in one eye after using Bausch & Lomb's Renu with Moistureloc to state court. WW represents Brenda Keefer and her husband James in the case brought against Bausch & Lomb and the medical providers in Circuit Court in Kanawha County, West Virginia. Bausch & Lomb removed the action to federal court claiming the medical malpractice claims and the product liability claims did not arise from the same transaction or occurence. In his ruling, Judge Faber stated that "it is a well establised principle that, '[i]f an injured person uses ordinary care in selecting a physican or hospital, then the law regards an injury resulting from the negligence of the physician or hospital as a part of the immediate and direct damages which naturally flow from the original injury." Ms. Keefer used Bausch & Lomb's Renu with MoistureLoc and developed a serious infection in the fall of 2005, which she alleges the medical providers failed to diagnosis until it was too late. She is now blind in her left eye. Renu with MoistureLoc was recalled from the market in May 2006.
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